VQPower37

hey everyone ... im so pissed right now ... some lady this morning in an suv hit the back of my 07 tls ... the car is less than 3 months old!!!! ...

is my only option to go to the body shop and get it fixed ... or can i demand that her insurance give me a new car?

i hate bodyfiller it messes up all the lines on the car.

thanks in advance

VQPower37

I forgot to mention the actual damage to the car ... the rear bumper is gone ... the trunk is damage and the exhaust pipes are hanging from the back ... they are shaking a lot ... i know its not too much damage ... but the car duznt even have 5000 on the odometer ...

dnd2984

iTrader: (6)

When I got my TL in 2001 I had 2137 on the OD, I got t boned. Trust me no one is going to give u a new car.

Goodluck and I know how u feel.

darksom1

You can only get a new car if your car is regarded as totaled by the insurance company who handles the claim. Well, that and if the lady is a compassionate baller, feels your pain and writes you a check for one!

Basically...no! Sorry man, I know that must hurt like hell. The good news is that you will get new parts because the car is like new (both in time and model year). They only have new parts, or mostly, to replace your old ones with so it should be ok. Barring the omnipresent feeling that people get when their car is "repaired" - like nothing will ever be the same again, you'll get past it.

Good luck!

jzacuto

I wonder in cases like this if you could sue in civil or small claims court for loss of equity?

I mean, you're incurring a real value loss. A car that has been in a significant accident will have less value at the time of trade-in, sale or return on a lease. That's not your fault, it's hers!

Say you try to sell your 2007 TLS in three years for $20,000 and someone notices the damage and most won't buy it unless you knock $3,000 off the price. Shouldn't the person that CAUSED the damage be responsible for that loss!?

This totally sucks. I think a lot of us have been in this position before. The best course of action is to find a really, REALLY good body shop and INSIST that your insurance company use the repair place YOU decide on.

VQPower37

... i figured as much ... that i would have to get the car fixed ... i was hopin that maybe somebody got a new car b4 the car was totaled ... i was coming from the same view as jzacuto ... im losing money because of someone else's mistake ... not that i will be selling the car anytime soon cuz i usually run my cars dead ... but it still hurts deep.

A car is never the same after an accident

thanks for all the replies guys

VQPower37

duz anyone know any good body shops for acuras in northern virginia ... or should i juss take it back to my dealer's body shop?

01clsstock

thats not true..... some ins companies will give you a new car the hartford aarp ins program will give you a new car if it is under 15 months old and has under 15,000 miles on it

dnd2984

iTrader: (6)

If u get it done at a good body shop it will be the same.

My whole passengerside is new. All new suspensions parts, and my axle snapped so I had to get a new axle and rim to. You will be fine after couple of month I wasnt even thinking about it anymore.,

JERU

May want to check with her insurance company. New car owners in accidents do get supplemental money for the loss in value of the new car for these kind of incidents. Bring it up with her insurance company. I think State Farm has a commercial that says it will indeed give you a new car instead of a supplemental check (but I am sure it has 2000 pages of small print)

twysk

I had a head on with a full sized school bus in my 04 TL. My car had to be pulled out from under the bus from the windshield forward and was still not totaled! Acura resale value is great when you want to sell, not when you want it totaled. I wouldn't worry to much about the car not being the same. I got mine back a month ago and I can honestly say I can't tell the difference, and that's with the entire front end replaced.

As far as being reimbursed for lost value, good luck. Some states have laws addressing this, but I can tell you from experience that NY doesn't. The only way you would see any reimbursement would be for personal injury. I have State Farm, and I didn't see a new car, even with almost $19,000 worth of damage.

VQPower37

wow thanks for that info man ... i will definitely look into that and let u know what happened ...

bmaczo6

iTrader: (1)

You clearly have some recourse for diminished value. It may pay to do some internet research on the subject. Here is what I found in .02 seconds.


Fact 1 - If your vehicle has been wrecked and repaired, it has lost value. This loss in value is called Diminished Value.

Fact 2 - If you were not at fault for the damage, you are entitled to recover your vehicle's lost value from the at fault party or their insurance company, in all 50 states.

Fact 3 - If you live in the states of Georgia, Kansas or North Carolina, you can also collect your diminished value from your own insurance company even if you were at fault

LookThatsMe

I think that your are talking about Allstate. I know that in NJ every 10th commercial you see is Allstate talkign about that they will replace your car if its under years years old which right there it sounds fishy

LookThatsMe

I know exactly where your coming from my friend has a 2001 audi s4 and it was stolen recovery but the only thing they recovered is the shell. Everything from bumpers, wheels, suspension, and interior was missing. He bought the car for 32k and it had 21.5k i believe in damages and they still didnt total it.

Then i was looking at a website and they had a brand new dodge magnum with 16 miles on it and it was totaled. The car had a big dent in the passanger side quater panel.

Im just guessing its all about the mileage and year of the car and the insurance that you have

KeithL

Look into dimished value to make sure you get compensated, some states require it by law, otherwise you may have to sue. You will need 3rd party apprasil to prove the lost value.

Phrosttz0

yep and "good safe drivers are awarded" must air 1000x a day

TL1999

man...sorry to hear that...

make sure you get the fix correctly to your standard....

twysk

Hopefully whichever state you live in does have Diminished Value laws. As I said, I live in NY, which doesn't recognize it. I asked my lawyer about it to make sure, and he said that I will recover losses for personal injury, but as far as Diminished Value in NY, I am SOOL.

jonathan.chance

I had a two month old 2006 TL that was involved in an accident with 2500 miles on the odometer causing $17,000 in damage. The other party was at fault and had State Farm. The vehicle was repaired using all new Acura/Honda parts and was as-good-as new when it was completed. I also filed for a diminished value claim through the other party's insurance company and was awarded $5000 dollars. Basically, I sent them all the required documentation and didn't hear anything back for 2 weeks; so I called and got the insurance rep on the phone. He asked how much I wanted and put me on hold to talk to his "manager". Three days later I had a check. The reason I asked for the amount I did was based on the appraisal document I got. The document stated that I lost about $6250 in value and I was just happy to be getting anything. In hind site I probably could have asked for more, but like I said, I was happy to be getting anything.

My advice is:
Check to ensure that your state allows the diminished value claim.

Make sure you have the police report stating that the other party is at fault.

Get your car repaired at either a Honda or Acura certified repair center.

Once the repairs are completed take your car to a dealership (preferable Acura) and explain to them what was damaged and show them the list of repairs. Ask them to give you a written appraisal showing what you would have received for trade-in if the vehicle had never been damaged, in it's current state and how much they estimate the vehicle is worth if it were to be sold at auction.

That should be all of the supporting documentation that's required; or at least that's all I needed. If you want a copy of my documentation PM me and I'll email it to you.


Good luck

Knockz

I would take it back to the dealership to get the work done.

I was at a seminar at my dealership this week and they basically said, if you had repair work done by another body shop the dealership will not cover it under warranty.

I would make the dealership do it so that I don't void any warranty and they cover all the work. Who cares how much it costs as insurance is paying for it.

I would also try to get more money for the loss in value of the car. That really sucks!!!!!!

SuperStar

Please, if a dealership does the repair for major body damage, and an issue presents itself from the work they did, they're not replacing under warranty, they're replacing under the improper repair.

It would be no different at a certified body shop. If they fix your shit and your shit doesnt work right, they fix it again. It has nothing to do with warranty. If your car gets smashed to shit and the dealership can tie a future problem into the accident, they are not fixing it under warranty, they'll send you on your way to deal with it legally.

Knockz

But if the body shop does a bad job.. and later on you go into the dealership for some warranty work or something they will send you back to the body shop to get it fixed first.

In the end I would rather deal with 1 set of people than have to deal with two different set of people. Just makes life for me easier.

Especially on a newer car I would rather they handle everything just to be safe and make life easier.

VQPower37

i have dropped my car off at the body shop ... they told me that they have to change the bumper cover and remove the trunk and all the emblems will have to be changed in order to fix a little dent on the trunk, and also the entire exhaust system will have to be redone since it is all one big piece and therefore they cannot just replace the end ... he also said since its such a new car they will have to order the parts directly from acura ... ill keep u guys updated ... im still talkin to insurace about my equity loss in the car ...

6MTUA5

iTrader: (2)

The problem is the actual number that you get. I guess it would up to the judge whether your figure seemed too high or not, but how will the court know the actual "loss of equity" and be able to award you with an exact amount. It all depends on when you actually sell the car, as to how much money you are really losing and even then would be hard to establsh.