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Frame damage question - 02 Passat

This is probably more of a legal question than anything else.

My 02 Passat was in a collision a couple of weeks ago. Not my fault. Another driver (in an SUV) pulled out from a driveway without even looking in my direction. The impact affected all four panels on the passenger side, and most likely the center pillar. My VW mechanic said frame damage is highly probable. Repair estimates are around $6,300, and the issue is currently tied up with insurance (the other driver will not return phone calls to the insurance company, and the ins. co. will not cover the damage until they do, but that's another story).

One of the primary reasons I purchased this vehicle in the first place was the Passat's ability to retain value. I have babied this car from day one with dealer maintenance, all the recommended service, and I have all the records. I'm going to have a salvage title, and that's going to impact resale. If another driver is directly responsible for de-valuing my car, do I have any recourse? Is it worth seeking compensation from the party at fault?

Thanks in advance for your response.

Reply to
JCF
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In my state a "salvage title" isn't issued unless the car is considered totaled. A good body shop shouldn't have any problems repairing your Passat!

Reply to
Woodchuck

As woodchuck says a "salvage" title indicates a totaled vehicle, in Ohio also. There's a salvage title only if the ins co totals it. That may be the best thing that could happen to you. If it's ever sold again it will/should have a salvage title. Some shady dealers "launder" titles by buying/selling out of state and get a clean title that way. However I disagree with woodchuck on "any good body shop shouldn't have any problems repairing it". My experience is it will "look" good for six months max then the paint fill start to peel, rust will appear in the seams and so forth. Also car bodies are made up of lots of little pieces with non overlapping seams making a strong shell. However when they put on a section, like the right side front to rear, floor to roof, the seams are no longer staggered and the strength is gone. Any straightening will make a weak spot and another seemingly minor hit will cause it to continue bending where it was previously repaired. I'm not a sue happy person but you need a good lawyer, you don't want your baby anymore! Do you live in a no fault state? If not the party at fault is at fault regardless of any insurance they might have. JoBo

Reply to
Jo Bo

will/should

buying/selling

Thank you for your thoughtful response. I have never pursued litigation, and would never consider pursuing action for something frivolous.

I'm in PA, and I do not believe that this is a "no fault" state. I contacted the police and obtained a full report immediately after the incident. Based on the other driver's statement, the report found the other driver completely at fault. I'm really glad I got the report, because even if someone who is at fault seems like they will cooperate, sometimes that's not the case once they drive away from the scene and consider what they may be able to get away with. And if they show no interest in effecting a quick solution to helping you fix an unsafe vehicle with structural damage, it becomes *your* problem.

I've done a bit of research in the last 24 hours, and the laws allowing compensation for "diminution of value" differ from state to state. Additionally, my understanding is that the determination of whether a car can be considered "totalled" often depends on the percentage of the damage as a function of the pre-accident value of the car; in some cases, I believe it has been possible to calculate the entire financial impact of the incident by adding the repair costs to the diminshed value and come up with a number. Still looking in to that one.

If I am unable to get decent value, then the car will be fixed only by my VW dealer, who, fortunately, has a working relationship with my insurance company. And then I'll consider legal if I have to.

Reply to
JCF

Thanks... if I have to go the repair route, it is only getting done by the body shop at my VW dealer.

Reply to
JCF

You are due diminished value from someone, whether it's the individual or his insurance company. I would call him & remind him that the longer it takes to get his insurance company to cooperate, the more it will cost him. You'll probably have to sue him before it's all over in order to be made whole again. As for the repair, if it's done right it will *not* be any weaker than the orginal, & will look good & last just as long too. That's IF it's done right - hard to find a good body shop sometimes. Good luck, ~ Paul aka "Tha Driver"

Giggle Cream - it makes dessert *funny*!

Reply to
ThaDriver

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