BillTL

Hi All,
I don't post often but read the forums a lot. Anyway I was involved in an accident on the afternoon of New Year's Eve. Another driver ran a red light at an intersection and hit me on the front of the driver's side of the car. Both front airbags deployed. The other insurance company accepted full liablity and is covering everything, including rental. The repair estimate came to $20,000 and the insurance company said the car is repairable. My car is a non-navi 04.

I really would have preferred the car be totaled. I planned on trading it in this year for something else, but now the car won't be worth what is was prior to the accident. I have a call into the insurance company to discuss my concerns with them. I don't know how much of a fight I can put to them since California does not recognize diminished value. The body shop did say they guarantee that the repair work would not be able to be noticed, although the accident will show up on DMV records. We'll see.

Anyone else been through this in CA?

Thanks,
Bill

@cUr@-TL

ouch!


Im glad you're ok... that's what really matters... I hope everything will turn out OK... good luck!

SlayerGTR

$20k, isn't that over half the cars value? so it should be totalled.

thaita78

Was there any frame damage? $20K is a lot!

mclarenf3387

Its ususally 75% of the cars value to be totalled.

Sorry to hear about your car. Hopefully no one was injured. That looks like a pretty good hit.

scrb09

It would depend on the miles on the car but have you looked into what the trade-in value of the car is? I am guessing it should be around 24-25 K...

Have you thought of taking the 20K from the insurance for repairs (that way you still keep the car) and then part it to sell for the good parts or sell it to a junk yard for 3 - 5 K...might as well bite the bullet right now and get something that you want rather then fixing up (which might open a whole new can of worms) the car and then going through the hassel of selling it later with an accident on the report.

btw glad no one was hurt.

Sclass88

Even though it might be more of a pain to part out the car, you will probably get more money for a new car... people on this board love A-Spec rims so I'm sure you could find a buyer for those and probably some other stuff in your car..

Glad to see everyone is okay... Good Luck

Klutch

damn....20k is alot

bluengu

Try and get some more money because of diminished value and then part out the car to get another one! Maybe you can get $23000 with the dimished value and plus money for parts. Dibs on floor mats!

huyster1

Sorry about the car. Good that you're OK.

Is there any update yet? I'm curious b/c it's been a while since I've worked with insurance companies on property damage coverage.

A_UFO

BillTL,

According to an article on Yahoo site, the range can run from 51% - 80% of its actual worth.

You want to read the article What To Do When Your Auto Insurer Totals Your Car

http://finance.yahoo.com/insurance/a...otals_Your_Car

So go to http://www.edmunds.com/ website and put in the year and miles for your 04 Non-Navi car.

I am guessing that your car should be considered totaled. I would then call my insurance agent with the information about the value of your TL before accident and request the car be totalled.

Think of your insurance company as the enemy at this point. The insurance company is going to go the cheapest route.

Best of luck to you.

F900

DO yourself a Favor and fight for that car to be totaled.... And for the repair shop, yeah the might give you that warm fuzzy feeling everything will be back to normal and the car will drive the excact same... Yeah right.... And not only that when you trade that car in you will get nothing for it..

Trust me fight it, and don't sign any papers for it to be repaired.... Ive been there got the t-shirt i fought for 3months and finally they totaled the car.

GF was on her way to pick me up at the airport, she was at a traffic light on red , guy behind her fell asleep and rammed right into the back. Nearly 6 years ago


The Car will never drive the same... I Guarantee it

Landonk

Do your homework on the cars value and print it out and take it back to the
insurance company. Then be nice but demand that your car to be totaled. If it's
20k worth of damage then it should be totaled out. These insurance adjusters can be tougher to crack than any Acura salseman. I just had a round with my ins. co, about a year ago with a stolen 03 Harley Davidson that was found crashed. They were very difficult to deal with...but in the end I got what I wanted. Just stay the course, be nice but firm and you should get what you want.

joed40

First off, it was good to hear that no one got hurt. Did you bring it to your body shop or theirs? Not sure how the laws are in CA, but here in CT you can bring it any where you want for repairs. If you can I would go and seek out a second estimate (preferably from a high end body shop that does Ferrari or other like cars). These shops won't scrimp when it comes to repairs and labor, therefor your estimate should more accurately reflect a proper and appropriate repair (more $$ and possible total).

vp911

First, I am glad you are OK. That is what really matters. I have to agree with the others, I would definately try to have it totaled. Push hard for it. You may not get as much money back if they total it, but you won't have to deal with a car that has problems and won't have much value when you go to trade.

Good article, I wish I had that when my TL was totaled.

NBP04TL4ME

Another thing you may want to consider is at this point they have given you an estimate of $20K, but when the body shop gets into the repair and they find hidden damage, you will need a supplemental appraisal. The base $20K plus the hidden damage could easily take you to totalled territory. It's definitely worth the fight.

My $.02

poptop

As an adjuster other things that we also take into account when we total a car is the amount the damaged car will bring in a salvage sale, rental costs, and any other payments or recoveries that would be made. For example (these figures are purely hypothetical and not meant as any kind of comittment)

REPAIR

$20000 cost of repairs
+$1350 rental for 45 days @ $30/day
__________________________________
$21350 total if car repaired


TOTAL LOSS

$28000 value of car
+$450 rental for 15 days @ $30/day
-$7000 sale of damaged car
___________________________________
$21450 total if car considered a total loss



Notice that the repairable payout doesnt include any additional damage. The other insurance company will also owe transportation while your car is being repaired, and that could take longer.

If I were you I would do some research and try to get the amount closer to real life figures for your area and let the adjuster know those amounts and then you might have a better case for a total loss.

ludachrisvt

iTrader: (2)

that car is totalled ... fight fight fight

EnvisionTL

Ouch! Glad everyone involved got out ok.
I think everyone will agree to you fighting the insurance company for a total loss on your car. Stand your ground and don't let up!

BillTL

Thanks for all the responses! I am okay. My chest was killing me right after the accident from the seatbelt and airbag, but that went away after a couple of days. Now my back is bothering me and it's getting worse. I saw my doctor on Wednesday and he gave me prescription Motrin and Valium for it and thinks I may need physical therapy. I have an appointment for a consultation with a lawyer on Monday just to get their opinion on everything.

With the car I am dealing totally with the other guy's insurance company since they accepted liability. The car is at one of their approved shops, but the shop is a highly regarded one and works on a lot of high-end cars. They just worked on an 06 Mercedes S class that was in an accident when my car was brought in. The shop is who called me to tell me the insurance company approved the repairs to the car. I put a call into the insurance company to discuss this and haven't heard back. The claims adjuster I'm working with works Sunday through Thursday. I want to find out what they valued the car at and everything. I'm afraid they overvalued it so it wouldn't be totaled. Also I think they may have totaled the other car and that guy had an 04 Mercedes E320. I'll be pissed if they totaled his car and not mine.

Acuraluvr

iTrader: (2)

wow...... srry glad ur ok

but that can be repaired??? might take a few months

vp911

Very sorry to hear about the back and neck pain. I know exactly what you are going through - my accident with the TL was back in June and I just started physical therapy for the second time as well as stronger medications and what not. I truly hope you have a speedy and complete recovery.

Re: the accident - I would definately push to have the car totaled. You are on the right track with everything you are doing. Good luck and please do let us know what happens.

vp911

Read through the thread. He does not want the car repaired, nor would anybody else.

BillTL

Exactly. Believe it or not the body shop said it would take a month to repair and it should be completed by Feb 13. I haven't talked with the insurance company yet, only the body shop. They were the ones that told me the car was determined repairable. I just called them back and left a message for the supervisor of the claims adjuster I was working with. He is also off Fridays and Saturdays. I talked with the shop again and let them know I plan on fighting this with the insurance company and asked them to fax me a copy of the repair estimate.

vp911

You may want to involve your insurance company even if you didn't want to. In many cases your insurance company will total the car, pay out on the loss, then go claim the money against the other insurance company. Sure you may be left with your deductible (unless you are able to claim it against the other company - in Michigan the not-at-fault party can claim up to $500 deductible from the at-fault party. This may save you a lot of time and headaches if you cannot work with the other driver's insurance company.

Meek32v6

iTrader: (7)

That car is totaled! The air bad smell will stay in the car and everything in it. 20,000 in repair is too much. And I dont car what they say, it will not ride the same. Glad to see your ok though with both bags deploying

BillTL

The guy from the insurance company called me back and left a message. I wasn't able to get to the phone. I called him back but he's gone for the day. I'm surprised that he called me back since today isn't a day he's scheduled to work.

I got the repair estimate and it comes to $20,748.71. There is extensive engine repair and it looks like some frame work too. It also looks like there is work that needs to be done to the roof. The repair estimate shows the sunroof assembly needs to be removed and re-installed. This isn't going to be fun.

I'm sure it was pretty close to the car being totaled or fixed, depending on the numbers the insurance company used. What I'm really concerned with is I have found somewhere online that California does not recognize diminished value. I'm afraid this may hurt me in my arguing with the insurance company in getting the car totaled.

Have any of you heard about Autoloss.com? They are part of Appraisal Group of America and help people in these types of situations.

Kracker

There is alot of expense in bent rims... And I wouldnt trust those tires any more.

RLdriver

I live in Florida, so I'm not familiar with California law. However, when you say that CA does not recognize diminished value, be aware that this may be true vis a vis your own insurer, i.e. coverage may not be afforded by your policy, but this may not be true vis a vis a third party tortfeasor who causes damage to your vehicle. This is the situation in Florida, where your own insurer is not required to pay diminished value under comp or collision, but an at-fault driver (and his liability insurance) is responsible for diminished value caused to another's vehicle.

RLdriver

My interest was piqued, so I did a little legal research on this, and it seems that the law in California and Florida is the same. I'm licensed to practice law only in Florida, so I don't intend this to be legal advice, and you should confirm with a California lawyer, and this is just for discussion purposes, and so forth, and you ought not rely upon it for any decisions, and all disclaimers that apply, etc., but a leading California case on the issue seems to be Byrne v. Western Pipe & Steel Co., 81 Cal.App. 270, 272-274, 253 P. 776. , which basically holds that "if the damaged property cannot be completely repaired, the measure of damages is the difference between its value before the injury and its value after the repairs have been made, plus the reasonable cost of making the repairs. **927 (Citing cases.) The foregoing rule gives the plaintiff the difference between the value of the machine before the injury and its value after such injury, the amount thereof being made up of the cost of repairs and the depreciation notwithstanding such repairs. The rule urged by defendant, which limits the recovery to the cost of repairs, is applicable only in those cases in which the injured property 'can be entirely repaired.' (Emphasis added.) Rhodes v. Firestone Tire & R. Co., 51 Cal.App. 569, 573, 197 P. 392, 394. This latter rule presupposes that the damaged property can be restored to its former state with no depreciation in its former value. 25 C.J.S., Damages, s 83, pp. 597-599."

Quoted from Merchant Shippers Ass'n v. Kellogg Exp. & Draying Co., 28 Cal.2d 594, 170 P.2d 923 CAL. 1946.(C) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works

When you consult a CA lawyer, you may wish to have him compare the Byrne case to Ray v. Farmers Ins. Exchange, 200 Cal.App.3d 1411, 246 Cal.Rptr. 593, Cal.App. 3 Dist.,1988, which holds that your own insurance company is not contractually responsible under comp/collision for diminished value. The Ray case distinguished the Byrne case since it was based on a negligence (not contract) claim. Again, this is the same as Florida law.

This is probably way more than you were interested in knowing.

Good luck, man!

Loseit

iTrader: (1)

i think it would be a very good idea to involve your insurance company. They know how to deal with this.

hcekc

Try slipping the shop a $100 bill and have him re-evaluate and then jack the repair cost up another $5K. That'll total the car. Worth a try. Good luck.

MR1

Why not get your insurance company involved? You have a long term relationship with them and pay them to be your advocate in cases just like this. Your relationship with the other Company is short term and unequal. Suggest you do not authorize any work until talking to your insurance, an attorney or both.

I would also insist on a rental equal to the TL for everyday that you are without it. Not your fault that you can't drive what you are paying for.