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Post by manda on Dec 2, 2014 5:17:43 GMT
Somewhat of an update since my initial thread.... (and it's long. maybe whiney. stop here if you want)...
So after consulting with several attorneys, the consensus is that while I have valid medical and diminished value claims, I'd be better served to pursue both on my own since I'm not really interested in going through the song and dance personal injury attorneys take you through (I've learned a lot in the past 3 weeks!). The medical claim I'm tussling out with the other person's insurance medical claims person. I'm okay there I believe as I have documented expenses and loss of wages that I'll continue to track until I'm ready to submit a demand letter for final settlement. Any "pain and suffering" would be minimal and I really just wish to be made whole.
The car sustained approximately $5k in damages and I was supposed to get it back today but the shop wasn't happy with how it was driving after the alignment so they're going to check some things tomorrow. *sigh*
So next is 'diminished value' of the car. I was slammed into on the 37th day of owning it and it had less than 750 miles on it. I put right around 50% down between the trade in value of my previous car and cash (I know "they" say not to do this, but I live my life debt free so this is what I do if/when I get car loans). The retail value of the car I purchased is about $26k. I obviously did not pay that much. California law says I can pursue diminished value since I didn't cause the accident from the insured's insurance though it's expected they'll say (and have already said) they don't have to pay it, etc. The newer or more luxury the car, the higher the diminished value.
Soooo, here's where I'm stumbling. I am very simple with my life. Friends, work, me, and home time.
If I have any chance of receiving the diminished value, 1) I have to try and negotiate with the insurance company by phone, 2) mail a demand letter if the phone conversations don't go well, or 3) file a small claims court case against the other driver if the insurance company continues to refuse settlement. California allows up to $10k (instead of $5k) for property damage claims in small claims court and that would keep the attorneys out.
To provide proof of diminished value, you either 1) pay for a service to provide you an estimate which costs $100-$300, and/or 2) gather trade-in quotes and online advertisements for the same car as well as differences between damaged and not damaged quotes, and/or 3) trade in the car for a brand new car which will provide a difference between 1st purchase and this purchase/trade-in value. Obviously option 3 will provide an almost unarguable $ amount to seek. I'm leaning that way since the body itself was buckled during the impact. I'm going to assume, until I get the car back and do the leg work, that option 3 will also show the highest difference though I'd be happy to be proven wrong.
So.... what's my question? Glad you asked!
I want a brand new car. I owned this car for less than 2 months and haven't had it for more than 2 weeks of that time. It's damaged. Obviously nobody prefers to purchase a car in an accident versus a car that wasn't. Just like my medical claim, I want to be made whole. It doesn't matter if the repairs brought it back to shape. The perception of diminished value is there. I'm just not sure if I'm being realistic.
I want to trade it in for a new car (the same one from the same dealership as I love the car itself and it has great safety ratings) and take the initial $$ hit, if any, in hopes I can get it back. In addition to the perceived diminished value for resale purposes, I have a huge phobia/fear about car accidents and don't believe I'll feel this car could hold up as well in another accident in the same spot so I just want to be rid of it. I would then pursue that amount for diminished value with the insurance company. If the insurance company refuses to settle, I then have to sue the insured in small claims court and honestly, that part makes me super anxious. My odds there, based on what I know today, are high. It just sucks to take somebody to court and I don't wanna.
Based on the limited knowledge/research I have/done to date, I could expect to show proof of diminished value of anywhere from $2k-$5k realistically based on what I paid for the current car.
So what would you do?
P.S. Please do not ask about gap insurance. It did not apply in this situation because I have equity in the car. Gap insurance is for when your loan is MORE than the value of the car.
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theshyone
Pearl Clutcher
Posts: 3,411
Jun 26, 2014 12:50:12 GMT
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Post by theshyone on Dec 2, 2014 5:32:43 GMT
You are not going to be happy or feel safe in the car. Trade it in and go for diminished value. I would.
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Deleted
Posts: 0
May 17, 2024 12:12:20 GMT
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Post by Deleted on Dec 2, 2014 5:42:25 GMT
That's a pretty hard deal to negotiate without an attorney - the system is just set up that way. There are different insurance adjusters assigned when an attorney is involved (with higher authority/limits) and another adjuster (again with higher limits) when a lawsuit is filed. There are also lower odds for you without a lawsuit. That's a bad spot - best of luck!
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Post by chaosisapony on Dec 2, 2014 5:49:18 GMT
Just remember, if you take them to court and win it doesn't mean you will ever see a dime from the other party. Good luck, I feel so bad for you!
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Post by manda on Dec 2, 2014 6:04:08 GMT
Just remember, if you take them to court and win it doesn't mean you will ever see a dime from the other party. Good luck, I feel so bad for you! Good thing to consider. Based on my mad googling skills, I can file for a wage garnishment for the judgement in a California small claims court if he doesn't pay in a timely fashion. He's gainfully employed in a good job and owns his home. I'm going to assume he would pay what was due. I'm hoping however, his insurance settles under his property coverage on his auto insurance. To be honest, he was a complete gentleman after the accident and really looked after me when I started to have a panic attack, etc. He did everything I would hope my SO would do if he was in the same situation. Not my fault his insurance company is LYING to me and being difficult about settling the diminished value claim though I will continue to pursue it. I'm not trying to make money here. I just want to be made whole. He hit me at 30-35mph without braking (by his own admission to his insurance company) on a local city street when I stopped for a pedestrian in a protected crosswalk. Our stories match. I don't think he would fight me or dodge payment. I do feel bad since he's about my age, newly married and has a young baby. I just keep reminding myself the accident wasn't my fault, and as a friend said, too many times we women don't pursue something because we don't want to waste the time or be the bad guy. But yes, I will definitely take that into consideration. It's a good thought to remember.
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Post by kristalina on Dec 2, 2014 6:09:04 GMT
Just remember, if you take them to court and win it doesn't mean you will ever see a dime from the other party. Good luck, I feel so bad for you! That's true but if you take an insured individual to court and win, chances are good that their insurance company will pay it. They have accepted liability, right? I had to sue another driver for an accident in Ca last year. She lost, her insurance company (Geico) paid the total amount in less than 2 weeks.
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Post by jamielynn on Dec 2, 2014 6:09:43 GMT
I tend to think the diminished value is far more than the $3-5k you mention. Wouldn't the title to the car mention salvage given the insurance paid the claim on it? (I say this as a person who buys and drives brand new vehicles every couple years).
I'm also surprised you mention the damage was $5k. I was in what I'd consider a minor accident in a brand new car priced in a similar range to yours. That was also I think $5k? Mine was just cosmetic damage.
If you don't feel safe in your current car; just get rid of it. Even if you are out the $3-5k you estimate, it is worth it if you are already living debt free.
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Post by manda on Dec 2, 2014 6:13:22 GMT
Just remember, if you take them to court and win it doesn't mean you will ever see a dime from the other party. Good luck, I feel so bad for you! That's true but if you take an insured individual to court and win, chances are good that their insurance company will pay it. They have accepted liability, right? I had to sue another driver for an accident in Ca last year. She lost, her insurance company (Geico) paid the total amount in less than 2 weeks. Oh man, thank you. This is GEICO I'm dealing with (and I'm in CA and they accepted 100% liability already). So far I have only said I was interested in pursuing a diminished value claim and I got the run around at first. They they lied and said I had to go through my insurance company. Both my insurance company and three attorneys have told me only GEICO, as the insured's insurance, can respond to my claim for diminished value. My insurance company cannot even give me advice. Diminished value is supposed to be covered under property damage in your car insurance coverage based on what I know. It's just that most car insurance companies try to fight it. If my car wasn't brand new and I wasn't invested 50% in the value, I'd probably not even think about pursuing this. The sad thing is that car insurance companies are hoping you just let it go... I think that's just inexcusable. Guess I'm answering my own question.
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Post by kristalina on Dec 2, 2014 6:20:07 GMT
That last line in your post is spot on. Even though Geico finally paid my claim, I had to sue their customer to get paid.
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Post by manda on Dec 2, 2014 6:22:51 GMT
I tend to think the diminished value is far more than the $3-5k you mention. Wouldn't the title to the car mention salvage given the insurance paid the claim on it? (I say this as a person who buys and drives brand new vehicles every couple years). I'm also surprised you mention the damage was $5k. I was in what I'd consider a minor accident in a brand new car priced in a similar range to yours. That was also I think $5k? Mine was just cosmetic damage. If you don't feel safe in your current car; just get rid of it. Even if you are out the $3-5k you estimate, it is worth it if you are already living debt free. Salvage title is when a car was deemed a total loss by an insurance company yet repaired and/or sold to then be resold on the market. Based on my research when I was car shopping two months ago, most insurance companies won't even cover salvaged title vehicles for liability insurance. That should tell you something. Basically if the cost of repairs was more than 50%-75% of the car's current value pre-accident. My damage was approximately 20% of MSRP or 25% of what I paid. My accident caused more than cosmetic damage. While it "didn't appear" to cause frame damage, it did cause buckling in the body of the vehicle which indicated I was hit at a high rate of speed per the auto body shop and adjuster. Additionally, a lot of parts in the under carriage had to be replaced. I'm just dying to find out if electronics start to go out in 3-6 months as a result of this accident. But let me stop for a minute.... I choose to live debt free so I should suck up the $3-5k estimated loss in value because of that? Because I don't have debt? Because I don't shop with credit cards and allow it to accumulate interest? Really? Even though I have equity in the car? I should just suck it up? I hope I'm just tired and misunderstanding what you said.
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Deleted
Posts: 0
May 17, 2024 12:12:20 GMT
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Post by Deleted on Dec 2, 2014 6:22:54 GMT
If it were me, and I could afford this option, I'd go with it.
My mom was in a rear-end impact accident some years ago and the body buckled. She never did feel safe in the car after that and eventually bought a new one, taking a loss on the damaged vehicle. While she was not, ultimately, "made whole" she did get the peace of mind of having a car that was 100% and she felt safe driving.
Best of luck.
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Post by manda on Dec 2, 2014 6:25:55 GMT
That last line in your post is spot on. Even though Geico finally paid my claim, I had to sue their customer to get paid. I think your advice is the best I've heard yet. Sucks. It's easy to say, "get a lawyer!" It's just not that easy. My claims are significant, but not enough for an honest attorney to get involved based on their % payout. Most have suggested I just pursue on my own and not let the insurance company run me ragged. A couple have said they would represent me but I'd have to play a game that I feel drives up the costs to the insurance company and wastes my times so why bother? I just want to be made whole as I was before this accident happened since it wasn't my fault! I could cry.
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Post by manda on Dec 2, 2014 6:29:15 GMT
If it were me, and I could afford this option, I'd go with it. My mom was in a rear-end impact accident some years ago and the body buckled. She never did feel safe in the car after that and eventually bought a new one, taking a loss on the damaged vehicle. While she was not, ultimately, "made whole" she did get the peace of mind of having a car that was 100% and she felt safe driving. Best of luck. Thank you Lizzy for your comment. I struggle significantly with anxiety and lost a boyfriend and a fiancé to car accidents. When I say being in a car accident was my worst fear and please let me die immediately if I was in one, I was never kidding. At every stoplight to and from work, I am so paranoid of getting hid from behind now. It's all I can think about; obsessively so. *sigh* I'm just grateful my commute is only 5 miles. I'm counting stoplights tomorrow.
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Post by kristi on Dec 2, 2014 6:40:46 GMT
A lot of your outcome will depend on the insurance company you are dealing with.
If you file small claims, the ins company likely will be there to represent them & pay the judgment/settle out. They have a contract with their insured and are not going to leave them to pay a settlement (unless it exceeds policy limits).
I would say in most cases, people that have attorneys get more money. That being said, 12-25% of your settlement will go to the attorney.
Personally, I would trade it in & go for diminished value - you will have concrete numbers to support your claim & a car that has good alignment. The car is new - you do not want these problems for the next 6+ years.
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scrapaddie
Drama Llama
Posts: 5,090
Jul 8, 2014 20:17:31 GMT
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Post by scrapaddie on Dec 2, 2014 6:56:12 GMT
You do realize that even if you get diminished value, it still will not give you the full price of a new car? Your car was not a brand-new car when it was hit, sadly. A car that has been driven for 37 days is not worth the same as a brand new car. That is why some insurance companies offer new car replacement for certain time after the purchase of the car.
I got a new car a year ago and lived in fear that this would happen to me also.
Even people with older cars that are damaged in an accident get less than the car was worth to them. we had two cars totaled within five months of each other, neither accident being our fault. It took us years to recover from the financial loss. There was no way we could afford two brand-new car payments.... And what the insurance companies gave us would not pay for car the same age and condition that our cars were in.
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Post by christine58 on Dec 2, 2014 11:24:54 GMT
Honestly, go look at new cars. You won't feel safe until you do. I think you're beating a dead horse here---YOU know what you want and need to do... I also hope you're dealing with the anxiety over this and losing two loved ones in accidents.
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Deleted
Posts: 0
May 17, 2024 12:12:20 GMT
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Post by Deleted on Dec 2, 2014 11:40:26 GMT
I have no experience in this area, but my gut says go look for a new car.
I'm sorry you're dealing with this.
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Post by papercrafteradvocate on Dec 2, 2014 11:44:43 GMT
The insurance companies wi. Out most of the time
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Post by mandasue on Dec 2, 2014 11:50:29 GMT
I get everything you saying about the accident and the loss of value on the car from the damage but are you taking into consideration the fact that cars loss a great deal of value (especially a brand new one) once you drive it off the lot? Do you expect the other guys insurance to cover that loss if value as well since it had nothing to do with the accident?
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Post by Really Red on Dec 2, 2014 11:56:24 GMT
Geico is not easy to deal with. HOwever, many times insurance companies will cave at the end. Drag it out as long as you can; they hate that. In the end, say you'll get a lawyer; they hate that, too.
I wish you good luck.
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Post by Basket1lady on Dec 2, 2014 12:03:15 GMT
For your own peace of mind, you know you need to trade this car in and get a new car. Deep down, you will never feel safe in this car. I know you are taking the risk of not recouping the full value, but in this case, you need to think of the long term.
Trade the car in and then go after the difference with the insurance company. And if you lose in the end, at least you will have gained the peace of mind that you did what you could. You don't deserve to have to pay the difference because you live with low debt. We live the same way. But what I would gain (in spite of the loss) is what would make it worth it to me. And I would be grateful that I'm financially able to take the hit and drive a safe vehicle.
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Post by pelirroja on Dec 2, 2014 12:35:32 GMT
You need to do what gives you peace of mind, regardless of what the numbers and math may be.
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Post by Scrapbrat on Dec 2, 2014 12:46:40 GMT
That last line in your post is spot on. Even though Geico finally paid my claim, I had to sue their customer to get paid. I think your advice is the best I've heard yet. Sucks. It's easy to say, "get a lawyer!" It's just not that easy. My claims are significant, but not enough for an honest attorney to get involved based on their % payout. Most have suggested I just pursue on my own and not let the insurance company run me ragged. A couple have said they would represent me but I'd have to play a game that I feel drives up the costs to the insurance company and wastes my times so why bother? I just want to be made whole as I was before this accident happened since it wasn't my fault! I could cry. I'm not sure how to say this, exactly. I work in state government, and I represent the state in small claims substantive tax matters. I'm a lawyer, but in the position I'm in, I'm just the representative of the state (in "real" litigation, the AGs handle the cases). I cannot tell you how many cases I've won because people representing themselves don't understand the legal aspects of their case. I know that's what small claims is all about, people representing themselves in small matters, but I've had people and companies show up represented by CPAs, by CFOs, and they lose. I supposed I'm biased, but considering what you're trying to get, I still vote for hiring an attorney. A percentage payout is not the only way to hire an attorney. You can hire someone on a flat fee basis, or by the hour. A reputable attorney should be able to tell you about what it would cost to handle your case on an hourly fee basis.
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Post by disneyjunkie on Dec 2, 2014 12:50:27 GMT
As soon as your car is fixed, I'd go back to the lot where you purchased it and see where you stand. Once you have a quote, I'd call Geico. I'd try and avoid the temptation of completing the sale just yet until I had a better feel about where I stood financially.
Good luck! I can even imagine how disappointed you must be!
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Post by moveablefeast on Dec 2, 2014 13:11:06 GMT
I tend to think the diminished value is far more than the $3-5k you mention. Wouldn't the title to the car mention salvage given the insurance paid the claim on it? (I say this as a person who buys and drives brand new vehicles every couple years). I'm also surprised you mention the damage was $5k. I was in what I'd consider a minor accident in a brand new car priced in a similar range to yours. That was also I think $5k? Mine was just cosmetic damage. If you don't feel safe in your current car; just get rid of it. Even if you are out the $3-5k you estimate, it is worth it if you are already living debt free. Salvage title is when a car was deemed a total loss by an insurance company yet repaired and/or sold to then be resold on the market. Based on my research when I was car shopping two months ago, most insurance companies won't even cover salvaged title vehicles for liability insurance. That should tell you something. Basically if the cost of repairs was more than 50%-75% of the car's current value pre-accident. My damage was approximately 20% of MSRP or 25% of what I paid. My accident caused more than cosmetic damage. While it "didn't appear" to cause frame damage, it did cause buckling in the body of the vehicle which indicated I was hit at a high rate of speed per the auto body shop and adjuster. Additionally, a lot of parts in the under carriage had to be replaced. I'm just dying to find out if electronics start to go out in 3-6 months as a result of this accident. But let me stop for a minute.... I choose to live debt free so I should suck up the $3-5k estimated loss in value because of that? Because I don't have debt? Because I don't shop with credit cards and allow it to accumulate interest? Really? Even though I have equity in the car? I should just suck it up? I hope I'm just tired and misunderstanding what you said. Here's the thing... And please hear my sympathy because we lost a vehicle in an accident that was not our fault a few months ago and it has been a significant financial setback and it's frustrating. But no matter how many insurance commercials tell you that insurance is there to make you 100% whole... "As if it never happened"... That's not how they do it. They don't promise to make you whole. They can't. They can "return the vehicle to pre-accident condition" but they can't erase the fact of the accident. They can give you a check for your totaled car but they can't guarantee you'll find something in the condition of your original vehicle for that amount (in our case a well maintained and mechanically sound Accord - the payout was not sufficient to replace it with a like vehicle because cars of its type sell at a bit of a market premium). Hear me when I say that sucks so bad... But the problem is that they can't eliminate every effect of the accident. It doesn't matter to them that you will either have a diminished value or that you will have a trade expense if you go that route. They repaired it and as far as they're concerned, their job is done. Not as far as you're concerned. So if the diminished value is important enough to pursue (especially on a cost/outcome level), then the insurance company is probably not going to be your avenue of recourse. You will probably have to pursue them. Car ownership is pretty much a financially losing proposition and unfortunately yes, there are situations where it won't work to your advantage. Accidents are nearly always one of those. You never really get back what you had before.
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Post by jamielynn on Dec 2, 2014 13:53:17 GMT
I tend to think the diminished value is far more than the $3-5k you mention. Wouldn't the title to the car mention salvage given the insurance paid the claim on it? (I say this as a person who buys and drives brand new vehicles every couple years). I'm also surprised you mention the damage was $5k. I was in what I'd consider a minor accident in a brand new car priced in a similar range to yours. That was also I think $5k? Mine was just cosmetic damage. If you don't feel safe in your current car; just get rid of it. Even if you are out the $3-5k you estimate, it is worth it if you are already living debt free. Salvage title is when a car was deemed a total loss by an insurance company yet repaired and/or sold to then be resold on the market. Based on my research when I was car shopping two months ago, most insurance companies won't even cover salvaged title vehicles for liability insurance. That should tell you something. Basically if the cost of repairs was more than 50%-75% of the car's current value pre-accident. My damage was approximately 20% of MSRP or 25% of what I paid. My accident caused more than cosmetic damage. While it "didn't appear" to cause frame damage, it did cause buckling in the body of the vehicle which indicated I was hit at a high rate of speed per the auto body shop and adjuster. Additionally, a lot of parts in the under carriage had to be replaced. I'm just dying to find out if electronics start to go out in 3-6 months as a result of this accident. But let me stop for a minute.... I choose to live debt free so I should suck up the $3-5k estimated loss in value because of that? Because I don't have debt? Because I don't shop with credit cards and allow it to accumulate interest? Really? Even though I have equity in the car? I should just suck it up? I hope I'm just tired and misunderstanding what you said. I did just say it poorly above. I have never purchased a used car - so I didn't realize "salvage" was different from damaged. I didn't mean because you live smartly you should suck up the loss of value - either way it is a loss. I meant it more along the lines of if you came here and said you had a $20K credit card bill you were trying to pay off, and you were going to finance the new purchase at 5%, I would probably feel different on that "extra" $3-5K which could be almost $100/month extra in payment in a standard loan where the full value is financed. It sounds like you likely had that in savings to put on the car initially, with the hope you get it back when you go to the other insurance company, or worst case scenario court.
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MerryMom
Pearl Clutcher
Posts: 2,539
Jul 24, 2014 19:51:57 GMT
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Post by MerryMom on Dec 2, 2014 13:59:51 GMT
Unfortunately, the second you drove your new car off the lot, it was worth less than what you paid for it.
I would go the "path of least resistance" of getting a new vehicle. If you keep the car with the repairs, when you go to sell it or trade it in later on, that repair history will show, it's tracked by the VIN number. You'll take the hit then.
My husband hit a deer 18 hours after buying a new Ford 350 Diesel truck, with lots of damage. It just really sucks.
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marimoose
Pearl Clutcher
Posts: 3,282
Jul 22, 2014 2:10:14 GMT
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Post by marimoose on Dec 2, 2014 14:02:00 GMT
We had something similar happen 20 years ago with our brand new mini van. It still had temporary plates on it. They were going to fix it and the total, in our case, was nearly total worthy and I fought them and won. You just don't know what other issues may occur down the road with the vehicle as a result of the accident. I bought a new car because I wanted and needed a new car and I certainly did not want to be making payments on a car that had been in an accident of that magnitude. I think I would shave fought even if the damages weren't of the magnitude they were. I say fight it if you can. I don't think you will regret it. Sometimes you just have to push these companies a little bit. AND your piece of mind is worth it.
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MerryMom
Pearl Clutcher
Posts: 2,539
Jul 24, 2014 19:51:57 GMT
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Post by MerryMom on Dec 2, 2014 14:03:42 GMT
Salvage title is when a car was deemed a total loss by an insurance company yet repaired and/or sold to then be resold on the market. Based on my research when I was car shopping two months ago, most insurance companies won't even cover salvaged title vehicles for liability insurance. That should tell you something. Basically if the cost of repairs was more than 50%-75% of the car's current value pre-accident. My damage was approximately 20% of MSRP or 25% of what I paid. My accident caused more than cosmetic damage. While it "didn't appear" to cause frame damage, it did cause buckling in the body of the vehicle which indicated I was hit at a high rate of speed per the auto body shop and adjuster. Additionally, a lot of parts in the under carriage had to be replaced. I'm just dying to find out if electronics start to go out in 3-6 months as a result of this accident. But let me stop for a minute.... I choose to live debt free so I should suck up the $3-5k estimated loss in value because of that? Because I don't have debt? Because I don't shop with credit cards and allow it to accumulate interest? Really? Even though I have equity in the car? I should just suck it up? I hope I'm just tired and misunderstanding what you said. Here's the thing... And please hear my sympathy because we lost a vehicle in an accident that was not our fault a few months ago and it has been a significant financial setback and it's frustrating. But no matter how many insurance commercials tell you that insurance is there to make you 100% whole... "As if it never happened"... That's not how they do it. They don't promise to make you whole. They can't. They can "return the vehicle to pre-accident condition" but they can't erase the fact of the accident. They can give you a check for your totaled car but they can't guarantee you'll find something in the condition of your original vehicle for that amount (in our case a well maintained and mechanically sound Accord - the payout was not sufficient to replace it with a like vehicle because cars of its type sell at a bit of a market premium). Hear me when I say that sucks so bad... But the problem is that they can't eliminate every effect of the accident. It doesn't matter to them that you will either have a diminished value or that you will have a trade expense if you go that route. They repaired it and as far as they're concerned, their job is done. Not as far as you're concerned. So if the diminished value is important enough to pursue (especially on a cost/outcome level), then the insurance company is probably not going to be your avenue of recourse. You will probably have to pursue them. Car ownership is pretty much a financially losing proposition and unfortunately yes, there are situations where it won't work to your advantage. Accidents are nearly always one of those. You never really get back what you had before. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^ That^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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Deleted
Posts: 0
May 17, 2024 12:12:20 GMT
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Post by Deleted on Dec 2, 2014 17:02:06 GMT
What a headache. I feel so badly for you! Esp considering the personal losses you have suffered. I'm so sorry!
I would go get a new car and do that route. You are not going to feel comfortable unless you do. And your mental well-being is more important than money. It just is.
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