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I became the meat in a TL sandwich yesterday!!!!

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Old 03-24-2005, 02:33 PM
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Angry I became the meat in a TL sandwich yesterday!!!!

I'm so pissed! Some woman rear-ended me and my '05 TL yesterday and shoved me into the car in front of me. We were just sitting there at a stop light and ....WHAM! What the *&^%! She never even hit the brakes....totally oblivious. She just kept telling me and the police "I'm so stupid". Uh...yeah! Smashed in the rear end, buckled the driver's side, and jammed in the front.

Arrrrrrrrrrrgh!

My car is only 2-1/2 months old. Even if its fixed well, I'm going to feel like I'm making new car payments on a damaged used car.

F***! F***! F***!

....sorry, just had to rant to someone who could understand my TL-er pain.


Does anyone have any experience in collecting for "diminished value" from an insurance company?
Old 03-24-2005, 02:39 PM
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sorry dude. hopefully it can be repaired back to normal, how bad was it? pictures?

unfortunately i do not have anye xperience in collecting for diminished value - hopefully somebody else can chime in on this and help you out.
Old 03-24-2005, 02:50 PM
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Damn, that sucks! Sorry to hear about that. If it's that damaged, I'd fight for it to be totaled...then you can get a brand new one. Even if it doesn't look damaged after being repaired, you still know...

Woman + cell phone + minivan/suv + turned around screaming at kids =
Old 03-24-2005, 02:55 PM
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Sorry to hear that.


Did the air bag or curtains pop out? Just curious.
Old 03-24-2005, 02:59 PM
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chill-dog....you're right, I will always know. That's what sucks so bad.

The formula was closer to....

Woman + woman + SUV + too much chit chat + diggin' around for there fresh deli food = A face full of airbag for each of them + sore backs and necks for me and my passenger + one F'd up new TL.
Old 03-24-2005, 03:04 PM
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Yeah, it sucks, but glad to hear you are ok. Make sure to pay attention to your neck and back. If you notice any problems make sure to report them to the woman's insurance company. I'm not saying commit fraud, but just be careful.

I did the opposite with my TL. I ran into the back of someone on a highway, accordian traffic. I got it fixed back to normal. You can't even tell it was damaged.

Joe
Old 03-24-2005, 03:15 PM
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Just be glad she had insurance.

And quake97 is right, keep an eye on your neck and back...don't won't to play around with that.
Old 03-24-2005, 03:16 PM
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see a lawyer... im sure your neck hurts after something like that
Old 03-24-2005, 03:20 PM
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yeah, she is stupid, especially to say in front of everyone "I'm so stupid". Talk about opening yourself up for lawsuit trouble, if it ever got to that.

A little advice: Go to a doctor, ASAP. Tell them you were in a car accident and want to be checked out. I would suggest x-rays be taken. If you were hit hard enough to be shoved into the car in front of you, it is likely something was done to your body, even if you can't feel it now.

Trust me on this. It's not that you are trying to comitt fraud, but better safe than sorry later. If you have a neck or spine problem in a week, the first thing the ohter insurance company will say is "oh, why didn't you go to a doctor right away"

anyway, just my
Old 03-24-2005, 04:00 PM
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Originally Posted by elsensei
yeah, she is stupid, especially to say in front of everyone "I'm so stupid". Talk about opening yourself up for lawsuit trouble, if it ever got to that.

A little advice: Go to a doctor, ASAP. Tell them you were in a car accident and want to be checked out. I would suggest x-rays be taken. If you were hit hard enough to be shoved into the car in front of you, it is likely something was done to your body, even if you can't feel it now.

Trust me on this. It's not that you are trying to comitt fraud, but better safe than sorry later. If you have a neck or spine problem in a week, the first thing the ohter insurance company will say is "oh, why didn't you go to a doctor right away"

anyway, just my
I'd have to agree with this. It may seem like a weasel thing to go through the whole nine yards with the check ups. But when something does begin to hurt, you'll see who the real weasels are.

I was in a similar accident (thankfully in my old maxima and not my new TL) and I felt fine for a few days....then the back and neck started to ache. I like to pretend I'm a tough guy from time to time and tried to stick it out. No dice. I couldn't move after a week.
Old 03-24-2005, 04:02 PM
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She was really stupid to say that at the scene. As an attorney once said to me, "Spontaneous utterances at the time of an accident are admissible." In other words, keep your trap shut, even if you know you're at fault.

I hope you can get your car (and body) back to new quickly and with minimal hassle.
Old 03-24-2005, 04:10 PM
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Thanks for the input. My passanger and myself are on record and on tape with her insurance stating that we both feel neck and back pain. They asked if we were going to go to the doctor. We said we will if continues beyond today.

Oh, and get this, she was cited for 1. careless driving, 2. expired tag, and 3. no proof of insurance. We found her insurance through a little investigating of our own. I called to see if a claim had been filed, and if the policy was still active (because of expired tag). It turns out that its her daughter's car and she is listed on policy as a driver. Later her insurance calls me back to tell me they haven't been able to contact the mother, and that the daughter was now very surprised and upset to hear her mother wrecked her car....and hasn't even told her. She found out through her own insurance company. Unbelievable!
Old 03-24-2005, 04:25 PM
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Originally Posted by VTECboy
:
Does anyone have any experience in collecting for "diminished value" from an insurance company?

A while ago someone hit me also. Dont remember what insurance company they used, but a long while after the accident and the car was already fixed, I received a surprise check in the mail The accompaning letter stated the money was for diminished value. I didnt have to do anything. They just sent it to me. I bet if they use a cheap company though (progressive for example...notorious for being stingy) they wont automatically send you the money. Might have to call them and ask for it.
Old 03-24-2005, 05:07 PM
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Thats how my dads 1990 chrysler minivan was totalled 3 years ago. Rear ended by a female(not to be sexist) driver in traffic, except she had an audi, and we had a car worth 1100. We hit one of those bike racks that come out of the hitch and banged in the entire engine compartment. Good luck. I have heard the TL isnt excelent for being rear ended in, how do u feel as of now? I was in my friends Beamer convertable(I think it was an M3 cause it had turbo and all these gages on the a piller. I am not sure cause its when I was younger and didnt care too much about cars) we were hit by a woman(sorry ladies) in a minivan. She was horrified. Anyway, push for totaled(obviously).
Old 03-24-2005, 06:09 PM
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Plug deminished value into a Google search.... Depending on how much damage has been done to the car, claiming deminished value may be enough to get her insurance company to total the car out.

Originally Posted by VTECboy
I'm so pissed! Some woman rear-ended me and my '05 TL yesterday and shoved me into the car in front of me. We were just sitting there at a stop light and ....WHAM! What the *&^%! She never even hit the brakes....totally oblivious. She just kept telling me and the police "I'm so stupid". Uh...yeah! Smashed in the rear end, buckled the driver's side, and jammed in the front.

Arrrrrrrrrrrgh!

My car is only 2-1/2 months old. Even if its fixed well, I'm going to feel like I'm making new car payments on a damaged used car.

F***! F***! F***!

....sorry, just had to rant to someone who could understand my TL-er pain.


Does anyone have any experience in collecting for "diminished value" from an insurance company?
Old 03-24-2005, 06:41 PM
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Has anyoen ever claimed for a Diminished Value & won ? very curious. I have an 04 TL, 05 MDX & 00 Maxima GLE which has been hit twice. Now trying to sell the car I'm having a very hard time. Need someone to pay for all my aggrivation.

Old 03-24-2005, 06:42 PM
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PLugged it in Google - only got people who whant to charge u more money for giving you reports. bunch of crock.
Old 03-24-2005, 06:52 PM
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That sucks and i'am sorry to hear about your car. Well atleast nobody was killed or anything.
Old 03-24-2005, 07:36 PM
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Old 03-24-2005, 10:01 PM
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Ok. Basic premise of Diminished Value....

Diminished value=value of vehicle before accident-value of vehicle after accident

Now, Diminished value laws vary state by state.....fortunately, California has DV. So, here's what you do.

1. Mark down the mileage, wear and any other pertinent information on your vehicle.

2. Notify the other opposing insurance company of your intent to get Diminished Value for your loss.

3. Most insurance companies will attempt to low-ball you by giving an "average" value. DO NOT ACCEPT THEIR FIRST OFFER (until you do step 4).

4. Take the vehicle in question to atleast three Acura dealerships and get quotes on what the vehicle is worth. (They will be able to tell the vehicle if the vehicle has been damaged. If asked, tell them what happened to the vehicle.)

5. Share your findings with the insurance company in question and ask for an equitable settlement.

You will find that your insurance company (unless it is the other person's insurance as well) can be an excellent source of information on this matter. Ultimately, be calm when dealing with these folks. Remember, you have the upper hand and if you don't like what they are offering there is always arbitration or court (not sure with the limit is on suing in Small Claims in Cali).... And don't walk away! This accident WASN'T your fault. You DESERVE to be made whole on this incident.

Originally Posted by rajenmelwani
PLugged it in Google - only got people who whant to charge u more money for giving you reports. bunch of crock.
Old 03-24-2005, 10:36 PM
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Oh my god I feel for you man...

I was in a similar situation just recently except yours is worse in that you hit the person in front of you also.

https://acurazine.com/forums/showthread.php?t=111231

After reading this thread and going through headaches trying to get my car fixed, I think I will be going after the woman's insurance company for Diminished Value thing.

gbriank,

Would I just have to go through those steps to get something out of it?

I have been going through hell trying to get a decent rental. The rental companies near me are all out of cars because the local bus drivers are on strike.

I would like to know more information about this diminished value thing so that I can also be made whole from my accident.
Old 03-24-2005, 10:58 PM
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Hmmmm....I knew programming was the wrong profession! Should have become a Liar.....I mean, Lawyer.....LOL!

These are the steps I have followed when I had my "run-in" (no pun intended) here in Texas. Check your state laws to see if they have DV. You can request DV, but without doing the homework (suggested previously) you are at the mercy of the insurance company. That said, this doesn't mean the insurance company is going to pay. Multiple quotes shows a Judge that you were attempting to be reasonable on your request and backed that up with the quotes. Most insurance companies will back down when confronted with this data. Oh and if you have to go to court, try to handle it in Small Claims. Most times it costs a few dollars to file a claim and you can represent yourself.

Before you go in, watch a few episodes of Judge Judy or The People's Court. See how the court is run....Just the facts, ma'am.... Nothing more. Disconnect yourself from the emotions and don't try to polish anything. If the judge sees that you are sincere and tried to accommodate the other party adnauseum, you should win.

Originally Posted by HuKaShI
Oh my god I feel for you man...

I was in a similar situation just recently except yours is worse in that you hit the person in front of you also.

https://acurazine.com/forums/showthread.php?t=111231

After reading this thread and going through headaches trying to get my car fixed, I think I will be going after the woman's insurance company for Diminished Value thing.

gbriank,

Would I just have to go through those steps to get something out of it?

I have been going through hell trying to get a decent rental. The rental companies near me are all out of cars because the local bus drivers are on strike.

I would like to know more information about this diminished value thing so that I can also be made whole from my accident.
Old 03-25-2005, 03:14 PM
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Diminished Value – Just spoke to my insurance company to get advise on this.
In layman’s terms – The adjustor who I spoke to said that in his 10 years of being an adjustor, he has only seen this paid off once before.
You can only claim this if you have hard, written proof that your car value has decreased because of the accident caused. You also need a Carfax report showing that there is a damage report.
Now after all this, if the other party’s insurance company does not pay, then you have to either get an attorney or take the insurance company / private party to court.

This is for your information only. Please do not quote me on this as this information was provided to me today by my insurance company.

FYI – My carfax report on my Maxima is “CLEAN” and I still cant sell my car cuz several dealers all said that this was damaged/repaired.

Good luck to whoever wants to use this & claim from the insuarnce company.
Old 03-25-2005, 03:23 PM
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There's a body shop in AZ that uses the diminished value angle in their advertising (Roadrunner I think it's called). I've never had to deal with it thank goodness.

Soft tissue injuries can be tricky so make sure you two see a Dr.
Old 03-25-2005, 03:52 PM
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Sorry to hear it. Ouch.
Take some pictures if you can.

Just make sure that the other guy you rammed into doesn't file a claim against your insurance as it wasn't your fault.
Old 03-25-2005, 04:58 PM
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I'd still ask for it. California laws on this matter are liberal compared to Texas and I did just fine asking for DV. Remember, most insurance companies collude with others to keep cost down (the 'ole you scratch my back, i'll scratch yours bit...). Either way, it is your car and you should be compensated for that loss. As for CarFax, it can take up to 90 days or longer for that data to make it into the system. Ultimately, it is your call......

Originally Posted by rajenmelwani
Diminished Value – Just spoke to my insurance company to get advise on this.
In layman’s terms – The adjustor who I spoke to said that in his 10 years of being an adjustor, he has only seen this paid off once before.
You can only claim this if you have hard, written proof that your car value has decreased because of the accident caused. You also need a Carfax report showing that there is a damage report.
Now after all this, if the other party’s insurance company does not pay, then you have to either get an attorney or take the insurance company / private party to court.

This is for your information only. Please do not quote me on this as this information was provided to me today by my insurance company.

FYI – My carfax report on my Maxima is “CLEAN” and I still cant sell my car cuz several dealers all said that this was damaged/repaired.

Good luck to whoever wants to use this & claim from the insuarnce company.
Old 03-25-2005, 08:58 PM
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Tampa Driving

VTECH,

Sorry to hear of the collision. Glad there is no apparent major physical injury.

Where in Tampa did this happen? This town must be the official breeding ground for NASCAR. I was rear ended 4 times in 3 years here. Almost all at red lights or STOP signs. Always someone who was multitasking (makeup, cell phone, etc) or just feeling I shoulda ran the damn red light so they could also. I have developed a reflex to the brake pedal where I automatically look into the rearview mirror to see who is gonna plow me. In this town I am beginning to think stop lights are just a suggestion and turn signals are percieved as a sign of weakness. We all like to drive sportingly, but DRIVE, don't bake brownies while your mobile living room plows into another vehicle (or pedestrian!....yep Tampa Bay is high on that list too)

Against the SUV-is-safer nomenclature, I actually feel safer in the TL. It handles better should an emergency manuever be required, it stops without catapulting me through the winshield and the crash tests show favorable protection. But nothing is gonna save you from a tank being driven by Helen Keller.

Sad point is that woman who hit you should have been saying "I'm so SORRY" not "I'm so stupid". We already know she is stupid. It's just another reflection how careless the driving masses have become. In my opinion, it is a reflection of our society, and why our insurance premiums require we take a home equity loan.

Hope your follow through works out for you and the TL. I'm the one on the Howard Frankland dodging drivers like Luke Skywalker dodging the Imperial Fighters in the attack on the Death Star.
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