So last night I was driving in Texas and some drunk driver ended up hitting the back of my car. The individual tried to escape but failed. The individual said it was all his fault and 3-4 eyewitness have said that the individual was driving while drunk and he has been charged with DUI.

I just got my car 2-3 months before and the car barely reached upto 2800 miles. The car was damaged on the rear driver side and the left muffler/exhaust was damaged to basically not functional. The bumper was damaged and looked like it was missing a chunk of it.

The individual didn't have insurance however, I have full coverage with GAP insurance provided by Acura Financial. The car is going to the dealership body shop because I don't want anyone touching the car other then them because returning the car.

Should I allow my insurance to repair the car or try to haggle them to get me a updated car? What steps should I take as this is my first accident with a leased car or any car at all.

 

Didn't understand the last sent, third paragraph.

Anyhow, Sorry for the bad luck. You can only get a new ride if your ride was totalled...

If you were driving it home brand new off the lot, then you could ask for a new car.

We bought our TL with 1600 miles (press car), pretty much new...but still considered a used car. Hence the HUGE discount on the price we paid.

There is no way in hell the INS is going to put you in a new car when yours in USED.

 

I'm not familiar with Texas motor vehicle accident laws and more likely than not the person you described has no assets to go after, but if the laws are structured there like they are here, I'd go after him personally.

 

If the car isn't totaled, you have no choice but to get it fixed. Just make sure you go with a highly reputable body shop and pray they leave it good as new with all OEM parts and paint! Unfortunately, the damage will be logged and will appear on your Lease End Inspection Report. I'm not sure if there are any repercussions, even after the damage has been fixed...hopefully not. Best of luck!

 

I agree with HeartTLs. Go after the jerk.

I would ask the dealer about turning it in now and get in writing what the additional money you will owe based on the accident. But don't actually turn it in unless you want to get rid of it. You will owe quite a few otehrs fees you can't sue for if you turn it in early. But an estimate of the deprecation based on the accident is good enough fro Small Claims Court.

Then get your insurance to provide you with an estimated rate increase, and find out how many years the increase will occur for. Generally, when you use uninsured motorist coverage, your rate will go up.

Take the two numbers, add them up, and sue in small claims court.

The drunkard may not have any assets, but a judgement is good for a long time, and they may be able to make small monthly payments. I have been getting payments of $50 a month for several years over someone who damaged my property. They missed one payment, I called the court, they got hauled back in, and then the payments started again through wage garnishment.

 

Thank you all for the replies. It sucks that it had to happen to a brand new car but life moves on. I am definitely going to go after the idiot.

AntSauce- I am going to take the care to the dealership that I bought. I have full coverage and I am going to make sure it's like new. The dealership where the car is going get fixed has told me that if I get it fixed from an Acura dealership that it will most likely not cause for them to come after me. I will def get this written down before I sign the papers.

Emanon256 - I will use your post and make sure to take him to small claims court.

 

They will not go after you, they will file claim for diminshed value with INS Co.

 

Best of luck, Pakiman! And as emanon stated, a judgement is good for a long time. My wife still gets small payments on an accident that occurred 6 years ago. Small payments...but small payments are better than no payments.

 

wait.. you can sue for damages for something you lease????

isnt that the owners responsibility..in this case.. acura sues the driver not the actual leaser

 

Sorry about your luck. If you have a Autometric Collision shop in Texas I'd suggest taking it there, they mainly work in high end luxury cars. I've taken my BMW there and they've used all OEM parts and their work is very legitimate.

 

You should call Acura and determine what they want to do as far as maybe inspecting the repairs, as you don;t want any surprises at the end of the lease if they complain about anything then. Other than that engage your insurance company. And others have said talk to a lawyer.

 

KeithL,

Should I go directly to Acura Client Relations or with the car dealership?

 

client relations.. dealers are only messengers.. they end up telling you to go to client relations anyways..

 

Good point. At end of lease inspection, they'll try to get you on everything and anything. Although Acura usually provides a $1500 damage waiver allowance, that $1500 is based on 3 $500 instances. My wife's TSX just went back last month and I thought I kept that thing mint...they still got me for around $250 (waived) on a few small bumper knicks.

 

Crap. Good point Pot! Actually, in this case, I believe OP's insurance company will sue the driver and OP's deductible will be reimbursed in payments.

 

Talk to a lawyer, you are entitled to damages if it impacts your liability for the car at lease turn in.

 

I owned a leased Toyota Camry that had $8000 worth of work from an accident and thought the same about the lease end turn in. It cost me nothing at the lease end. As long as the car has been repaired and meets the lease end standard, you have nothing to worry about. The repair was done by Toyota dealership shop. Hope this helps.

 

all in all, if repairs are done by dealer, i am 90% sure you are not going to get any penalties at the end of the turn in lease..


but it sucks that you have to now drive a car that is damaged

 

I read this thread earlier today and then of course I go out driving and some old hag in a Prius hits me from behind in my leased 2013 TL. Luckily it was a love tap and I didn't see any damage. It's a terrible feeling when you car gets hit.

 

Exactly! and that is one of the advantage of lease versus owning...Acura will have to re-sell the vehicle and they will have to declare the car has been in an accident and thus take the discount hit.....As an owner, you are the own who will have to absorb the depreciation.

 

Not true, in most states insurance has to provide diminished value. They will low ball you, but if ou get yor evidence you will get clse to what you owe. I spent $300 to hire a valid appraiser who provider a huge report that I have to insurance company and they gave me the extra $2200 so I was out $300 instead of $2200.

 

Thanks for all the feedback. I just got off the phone with my insurance company and they stated it was around 8-9 thousand dollar damages and only because it was all Acura oem products and the body shop hours. I don't have to pay a cent and have in writing that my insurance and body shop are giving me a guarantee that there will be no issue. Also, I am going after the guy for my deductible and that's all I can get what my lawyer said as the car is under Acura lease. 3 weeks tell my baby comes back to me.

 

deductible. expenses for inconveniences. pain and suffering. like your recurring nightmares im sure the scumbag doesnt have much anyway.

 

If you are going through your insurance they will likely go after your deductible. Of course they will be the ones to decide how much of your deductible they are willing to accept.

 

my advice.. test everything on the car.. even things that are not affected by the crash.. inspect every inch, test drive and check for bumper gaps shit like that..