Post Accident Options?

Whatever you do, make sure they compensate you for diminished value. That's a serious hit you took, and they need to include the newly diminished value of the car in their equations.

It could be that after the repairs PLUS incidentals like this, they would rather total the car.

If they hesitate to total the vehicle, You need to make it clear that you want a new car. You had essentially a new car before their insured caused the accident. You expect to have (at least) an essentially new car when the claim is settled. They should pay you the full sales price (including tax, etc) minus a reasonable allowance for the miles you drove it.

want a new car then bud? if being performed by a reputable shop with modern laser-controlled alignment equipment, there's no reason a repaired body shouldn't be just as straight, and in some cases straighter, than new. broken mechanicals are completely not an issue since they just get replaced.

if you truly don't like not having the ability to make your own repair/trash decisions, only insure your vehicle third party. if you insure comprehensive, the fine print on your contract allows the insurer to make all the decisions, thus it's effectively not "your" vehicle any more. how much does control really mean to you?

A similar thing happened to me several years ago when a drunk teenager slammed in my three-month old, (legally) parked car. First estimate was about 50% where they wanted to repair it. I met with the repair shop's estimator and made it known that I really preferred it be totaled. He commented that on older cars, owners many times prefer to keep estimates below salvage value to keep the car running (many times still cheaper than finding a suitable replacement). He "found" some additional structural damage (slight bulge in the roof, etc. indicative of additional potential structural damage) and managed to get it totaled, as preferred.

Keep in mind that the appraised will likely be required by an insurance company approved appraiser, but if connected with the dealership, he might be more inclined to work with you if he senses you'll buy the replacement from him (In my case it was a separate business).

Here, they don't reimburse the sales tax, but rather provide a certificate for credit for the state sales taxes against a replacement vehicle (if you buy one for the exact settlement price, no sales tax is charged / if you buy one of increased value, you pay the sales tax on the difference).

I "lucked" out where I bought at the end of one model year and then bought the replacement (same model) in the next model year with added / additional included options for only about a hundred dollars over the depreciated value of my totaled car.

How can I make sure this is the case? Ask the dealership ( it is my dealership where I bought the car, has extensive repair facilities ) if they use modern laser controlled equipment? What else should I ask them?

I apologize for not writing my original post clearly. I'm not waiting on MY insurance company. The accident wasn't my fault. I'm waiting on the insurance company of the person who caused the accident.

If I don't get comprehensive insurance in the future, what is this "insure the vehicale 3rd party" thing?

Thanks in advance for the info.

Steve

How would I find out what the diminished value is?

To be clear, I didn't cause the accident. I'm waiting on the OTHER person's insurance company to take care of the situation, not my own.

What can I do if they tell me "we are only paying to fix the car, tough luck"?

Thanks in advance for any info

Steve

That is why I am posting here.

The accident wasn't my fault. I'm not dealing with MY insurance company, but the OTHER person's insurance company.

What can I do if they tell me "we are paying to fix the car and that is it"?

Thanks in advance for any info

Steve

You may be dealing with his insurance company, but it's him you have the beef with.

Whatever his insurance doesn't cover, doesn't mean that he's not responsible for it.

If he had the state-minimum $12,500 liability coverage, and you're out $25,000, his insurance would cover max $12,500--and he's still out the rest.

You may not elect to take what his insurance company is offering. The laws vary from state to state; find an attorney you can sit down with to evaluate your options.

Always remember: HE is responsible. Not his insurance company.

You likely don't need an attorney if there were no medical claims and they are willing to settle as a full total. If not agreeable, then it'll be time to at least threaten turning it over to someone more knowledgeable than you on such claims. My guess is they will more than glad come to terms if the damage is anywhere near totaling the car.

If they are fully at fault, attorney costs will be born by them - likely adding up to more than the difference to total your car.

If they do that, get a lawyer.

You are entitled to be made "whole" regardless of the amount of damage.

You loss can include; a) Cost of fixing the car to a condition equivalent before the accident, b) compensation to negate any loss of value that may accompany a "salvage" etc., c) Compensation for the time that the vehicle is out of service due to the accident (like car rental). And there may be more issues to consider.

If they jerk you around, take like action...

JT

Most likely, the repair(s) will be reported to carfax or other companies like it. Believe me, the value of your car can quickly diminish to 50% of current resale even after all repairs are made.

I assume that you have payments on the car and the insurance to go along with it including collision, uninsured/under insured riders etc. You can always file with your insurance company then let both companies slug it out.

Gone are the days when the damaged and liable parties could arrive at settlement with a handshake. Get everything in writing and prepare a full documentation of your losses. Be prepared and do your homework.

JT

Thus spake "Elmo P. Shagnasty" :

Courts have rather consistently ruled against this. Which is a bullshit ruling, IMnsHO.

I had a very bad accident with my 89 CRX about 15 months after I bought it. No fault (but that didn't stop GEICO from bumping my rates). As the body shop progressed taking the car apart, they found more and more wrong with it. Let's see, if you hit a Jersey barrier at about 60 mph (30 degree angle then sideswipe for about 250 feet) you might expect some frame damage. Actually lots of it. But they "only" found this after they had replaced most of the left body and the right front fender. It cost about $8800 to repair a car that cost about $8800 new. But the insurance company was too committed to stop and say "here's your check, please hand over the title."

Thus spake Gordon McGrew :

Be very careful about the price they offer you. It will probably be "blue book". But it will be trade in value. What you want them to do is pay the depreciated value OR the dealer re-sale value. How much would a couple month old Civic sell for? Well, right now it will probably sell for close to MSRP.

Remember, insurance companies don't make money writing checks.

On 9/8/10 9:00 AM, Dillon Pyron wrote: > ...

I had the same experience with an 86 Taurus that my wife wrecked. They decided to fix it rather than total it as I wanted. Once they got into it they found more damage but were in too deep to change their minds. The insurance paid out about $1500 more than the car was worth. The body shop did a very nice job on it, tho. I think it drove better afterwards than when new.

My brother had a wreck where the insurance company refused to total the car. They ended up paying six months for a rental car while their approved repair center attempted to obtain parts from overseas.

My '94 GSR was stolen last year and the insurance company settled for a figure that specifically included sales tax. They offered it without my even asking. Might vary state to state or company to company.