Questions About Auto Insurance and Accidents

marsha7

:confuse: Hey, wait...I had been trying but all I got was the red X in the box...why didn't anybody TELL me that they were working...I mean, tell me BEFORE you made me look like a fool with Posts 4760 and 4761...

stever

I already miss the red X icon. :P

woodyww

...it's 20/20 hindsight on my part.... but, no way I would have let her go.. Your only chance of getting money out of her was to call the cops and get a report..

Yeah, I realized that as soon as I got home, & called the cops an hour later, no help. Problem is, an accident like that, it can be hard to think everything thru on the spot--it becomes almost surreal, like in slow motion. Also, the scrape looks bad in that close-up I posted, but when I look at the car from even 2 feet away, I have to really focus on that area to even see anything.

I could pursue her ins. co., but she was too out of it to tell me the name. After going thru the dues with ins. companies for the last 2 accidents (the other drivers 100% at fault), schlepping the cars back & forth to body shops, I really don't think it's worth it.

For a 10 y.o. car, right now I'm not seeing this "bumper scrape" as a battle worth taking on.......p.s., this is in E. Mass., if you want to get your nice (or crummy) cars bashed by nutty drivers, bring 'em here......

Thanks to everyone for the advice!

euphonium

Good advice IF he carries UM Property Damage Liability as UMBI doesn't apply in his case.

Always report to Police because you may be reporting the location of a stolen car or owner for a warrant.

fezo

.I mean, tell me BEFORE you made me look like a fool with Posts 4760 and 4761...

Kirstie is only credited with an assist in making you look like a fool. You need to take credit for your own input......

Kirstie_H

Thanks, fezo.
Since there's a 30-minute window during which you can edit your own posts, one might have considered attempting the emotorcon placement before declaring it unsafe. :shades:

houdini1

Come on now, don't be so hard on him. After all, those darn things haven't worked for months. Who knew !! :surprise:

fezo

Yeah, but it was a chance to get a dig in on Bob. As he would tell you I always find that hard to resist....

Kirstie_H

Exactly. It's the holiday season... a time to revel in one-upmanship.

marsha7

ecstatic that all of this is going on behind my back...imagine how fragile my ego would be if I knew it...after all, I am a sensitive lawyer, ya know...I gots my feelings (altho where I put them, I'll never know)

fezo: (tell jimbres that I apologize for not hitting reply)..."Kirstie is only credited with an assist in making you look like a fool. You need to take credit for your own input"...so, you're sayin' that I did a good job myself...hey, who would have thought to try the emoticon and then edit it in 30 minutes... :confuse:

scoobyasr

Some bonehead on his cell phone hit my 2008 Civic Si while it was parked in front of my house. The car was recently repaired to the tune of $2,500--front fender, bumper, headlight replaced with paint work on door, hood, and bumper cover.

I filed with my own insurance (Allstate) because the other driver's insurance (Safeco/Liberty Mutual) refused to use OEM parts. The difference in price was $400. By refusing the initial estimate with OEM parts, Safeco paid for my rental car for 4 weeks, my deductible, plus Allstate will subrogate them for the cost of the repair. Needless to say, Safeco will pay significantly more than if they had approved the initial estimate with OEM parts!

Now, I'm looking for advice/tips on the best way to collect some diminished value. I bought the car brand new and have only put 20k miles on it. Now it has been in an "accident" and been repainted. I talked to a professional appraiser and I have a ballpark estimate on what to ask for. Do you think I'm better off paying $325 for the full appraisal or trying to settle with the insurance company bringing no "third-party proof" to the table? Another possibility is to file a small claims suit against the other driver.

Any thoughts would be appreciated. Thanks.

Mr_Shiftright

I don't think they'll even consider a DV without a professional appraisal. They might not even consider it *with* a professional appraisal. It rather depends on what your appraiser says in terms of % or $$ diminishment. If it's too generous they are going to resist you mightily. If it's like 10 or 15% they might listen to you. But don't expect any quick resolution on a DV claim. The insurance companies will make this an painful as possible for you.

I do however, encourage you to try for it, since it does represent a real world loss for you.

marsha7

altho you are standing on the horns of a dilemma...if you pay for the appraisal, and it really doesn't amount to a lot of DV, you will regret it...if you don't pay for one, you may have no chance of getting anything at all...it may just be that you take a loss when you sell it in the future, altho if aprts were replaced and frame was not damaged, it may not be too bad...

Altho the concept of diminished value has existed since the first collision, the concept of beng compensated for DV is relatively new...good luck with this...

Mr_Shiftright

Yes indeed. The entire concept of DV is very amorphous and squirrelly. There really are no rules for calculating DV. It's more of a hunch-based process.

I can tell you though that the type of car, the type of damage, and the amount of damage, are all big factors in the DV argument. For gross comparisons:

2010 Ferrari with $30K damage, including frame/suspension = massive DV

2010 Kia with $3000 damage to exterior body panels = no or very minimal DV.

Each of these examples might represent approx. 1/5th of the car's value in damage, but the effect on market price is totally different.

euphonium

If you want to collect on a claim for diminished value, the burden of proof is on you to authenticate your loss. Sadly, the factor that most often prompts settlement of any claim, including that of diminished value, is the threat of litigation. Insurers pick and choose their fights. If they think you have the means to hire a lawyer and pursue a recovery, an insurer may consider you a threat and pay your claim for diminished value without too much resistance. However, if an insurer considers you to be a weak opponent, the claims adjuster will likely try confusing you with slick word tracks, ultimately stalling you for as long as possible.

For a quicker resolution, you can always forgo the diminished value claim with an insurer and take the loss against income taxes you owe. Still, you will have to substantiate your loss and will need the services of an expert to do that for you. Despite insurer’s obstinacy to the contrary, diminished value is owed where a loss can be proven, and those who are persistent stand the best chance of being paid.

Because your car was vacant, Safeco isn't interested in doing any more for you because there isn't a potential bodily injury claim to consider. Prepare to be stonewalled, ignored, & dismissed.

marsha7

Safeco (and Safeway) are the absolute two worst insurance companies to deal with, whether they are your insurance, or the at-fault insurance, at least in GA...

euphonium

That is traditional even before Liberty Mutual bought them. Safeco wanted in my agency over 50 years ago and I never regretted denying them the privelege.

houdini1

I had a guy run thru a stop sign several years ago, luckily he hit my car right on the passenger side rear wheel and most of the force just spun me in circles but still totaled a practically new Honda Accord. Luckily I was not hurt. The car had those little automatic seat belts and that saved me.

As luck would have it we were both insured with American Family so dealing with them was rather awkward. I had been with them for several years with no claims but they treated me like dirt on this accident. I had to fight them tooth and nail but finally was satisfied. Canceled their butts on next anniversary.

marsha7

It is always interesting when both parties have the same auto insurance...

Pretend that a building has 2 wings that are not supposed to communicate with each other (Chinese wall) but their computers are connected so they can sneak a look at each other anytime they want to...that is how I think of an auto insurance company...one wing is the liability portion (the part of his insurance that covers your damages) and the other wing is your insurance (collision, comprehensive, medpay, rental car, etc.)...

Your portion will usually try and take care of you fairly well (exceptions, Safeco, Safeway, Southern General to name a few), but the liability side is out to screw you any which way they can...

Someday, the Insurance Commissioner's daughter will be treated like crap by one of these liability companies, and THAT may get him/her off his/her fluffy a** and crack down on these rotten companies...

igozoomzoom

Here's a link to the Insurance Consumer Advocate Network (I-CAN)- http://www.ican2000.com/.

They have a the most extensive information regardng Diminished Value and referrals in most states to one or more Diminished Value appraisers. You will need an independent appraisal but most DV experts will only charge $99 to $199 for the appraisal (not $325). They should also provide supporting data for the figures they quote to substantiate the DV claim. Only do business with a DV appraiser who charges a flat fee, NOT a percentage of what you collect! Also, look for a money back guarantee and/or what role the appraiser is willing to play in negotiating with the insurance company.

Good luck!

euphonium

Only do business with a DV appraiser who charges a flat fee, NOT a percentage of what you collect!

Why? Not all claims are the same so why not charge a percentage fee? The larger the prize, the larger the commission fee. A DV Claim can be complicated due to unusual circumstances which deserve more than the flat fee.

houdini1

Plus, if you get nothing, the appraiser gets nothing !!

euphonium

Were you not living in HI recently? Now Kansas?

houdini1

I don't know where you got that idea. I have lived in Kansas for the last 30+ years !!!

marsha7

So, I guess the Wizard of Oz means nothing to you, eh???

(Toto, I don't think we're in Kansas anymore)...

houdini1

Yep, jist a simpel 'ol countrie boy !!

Kirstie_H

Oh come now... you're just across the border from me in a place that hasn't been "the country"' since you've lived there. I'm in the "country" area of KC, where all of the bad drivers live.

I will say that, having moved from St. Louis, this area's drivers are not necessarily better, but they are more courteous when they pull their shenanigans.

houdini1

OK, you got me neighbor !

Doggone it, terrible news about tidester. He was without a doubt my favorite host here and he will be missed. I still can't believe that he is gone.

If I could hand pick someone to take over this forum for him it would be you. There are some tough hombres here and they need a firm hand, so I will take your recent post here as a good sign.

marsha7

Sorry, I missed the news about tidester...what happened???

houdini1

Sorry to say that tidester passed away. See post 63079 in Stories From The Sales Frontlines.

Kirstie_H

http://www.nytimes.com/2010/12/26/automobiles/26RATES.html?_r=1&ref=kenbelson

Not really about accidents, but some of the info posted by consumers on Edmunds.com helped out with this story.

kyfdx

Nice job getting the Edmunds plug in there!

mikefm58

Dang, that really sucks about Tidester, life is way too short, my thoughts and prayers.

marsha7

I agree with mikefm...

greenacura

I have a 2009 Nissan Maxima SV Tech/Prem that was rear end last week. The damage is very minor, just paint scrapes on the rear bumper. I normally would just get the damaged fixed (I got all the insurance info from the driver that hit me & the police arrived) but I am concerned about diminished value. I am planning on trading in the car at the end of 2011 or early 2012 & I am concerned about the accident resulting in lower trade in value. Not sure if I should just leave the scrapes. Has anyone ever sued or tried to obtain money for diminished value? When I traded in my 2007 Acura TL for the Nissan, the dealer tried to lower the trade in value by $1,500 because it also had a minor bumper repair. What evidence or documentation is needed for a "diminished value" claim?

marsha7

I am surprised that a few "paint scrapes" would diminish the value at all, since that kind iof damage could happen in a parking lot with the car next to you...

greenacura

So it is probably better to not repair the bumper since the vehic report would show a "repair" made due to an accident while the existing paint damage wouldn't do much to effect the trade in value?

euphonium

With very minor bumper scratches you are not in the DV arena. Marsha is correct in his opinion. Paint and push on.

marsha7

That depends...I would take pictures of the damage to show how "bad" it was, so if you ever sell it privately, you can prove with photos, damage estimate, and finished product, that the damage was only superficial. Dents and dings should not lower the value of a car much, if at all, as they are superficial wounds that do not affect the running of the car...

Now, frame damage, doors that don't close, hoods and grills that are replaced, that might affect the alignment of the vehicle's components, but scratches on a bumper that are repainted just do not seem, to me, to be something that breaks the threshold of major damage...

Mr_Shiftright

Charging a fee based on a percentage of value or percentage of claim would be a violation of the ethics code as stipulated by all the appraiser trade organizations.

euphonium

Is the fee then based on number of hours times $XX.XX / hour? How many
appraiser trade organizations would you estimate there are out there?

Mr_Shiftright

That's a good question. My recollection is that for car appraisers there are maybe 4 or 5 major trade organizations.

Usually the DV fee is a flat rate. It can of course be based on the TYPE of car, as some cars can be harder to research---and also things like the date of loss---if the appraiser has to come up with archival pricing information, that can be tedious.

greenacura

I spoke to my insurance company and they were very interested in pursuing a diminished value claim. I took the car to 2 different dealers and they quoted a reduced trade in value based on the repair. Damage is a bit greater than I originally thought. Bumper needs to be replaced b/c there are indents. I'll keep the site updated as to my progress.

eastonpa

Incident happen in 12/24/09, My friend (victim) failed to open a claim, because he didn't know how to claim in this situation.
The victim is a retired person, who got strike by a US Postal vehicle, I just learned yesterday of his ordeal. He cant afford to fixed his car, and after reading the police report is very clear that the postal worker is to blamed.
Right now I'm in the same luck. I don't know were to start helping my friend, this claim should be filled against who ..? US Postal service Office or the US Postal Employee,, How it works.?
Any help/orientation is appreciated.

Thank You.

P/S: Victim vehicle is from, Easton PA.
US Postal vehicle is from Phillipsburg NJ
Postal driver is from PA

robr2

He should file a claim with his insurance company and let them do the work.

igozoomzoom

His insurance company is definitely the best place to start! If he has Uninsured/Underinsured Motorist (Property Damage) coverage, it should pay for his repairs minus deductible. Then they can pursue reimbursement from the insurer of the driver at fault. FYI- if they are successful in getting reimbursed, they are legally required the deductible to him...but they often 'forget' to do so!

If he doesn't have UI coverage, his insurer is still the best place to start. Hopefully, they will go to bat for him, even if he only has basic liability coverage. The statute of limitations is definitely two years or more for this kind of situation, so that shouldn't be an issue.

Does he have the insurance information for the postal vehicle/driver?

marsha7

but it is a good assumption that the postal vehicle is insured...

"If he has Uninsured/Underinsured Motorist (Property Damage) coverage, it should pay for his repairs minus deductible"...therefore, he would pursue his own COLLISION insurance to pay for his damages, less the deductible...

However, there MAY be a problem...many ins policies have a clause that states that they must be notified of any accident within 30 or 60 days of the incident, or else they will not be legally responsible to pay any benefits at all...if that clause exists in your policy, and if they invoke it, you may find that your own insurance does NOTHING for you, legally, and that you must pursue the postal vehcile...

I would assume that you could notify the postal service (the information would probably be on the police report under the "ownership" portion) and possibly deal directly with them...when I handled a postal accident some years ago, I dealt directly with the post office department assigned to deal with vehicle accidents...the legal principle, I believe, would be "respondeat superior" where you deal with the "employer company" (Post Office) that owns the vehicle...if lawsuit must be filed, you would probably sue the driver directly (at least, here in GA) along with the employer, but that COULD wind up in Federal Court, I am simply not sure...

As far as a 2 years statute of limitations, that varies by state...GA is 2 years, but I am told that South Carolina is 3 years and Alabama is one year...different states can have different time periods...

One thing I am sure of...never wait that long to make a claim, as the wreck happened in 2009 and it is now 2011...

Good luck with this...

Mr_Shiftright

This could be tricky. Postal vehicles have certain "right of way" benefits, like fire engines--well not as broad as fire engines, but I recall that they have some privileges.

marsha7

I am unaware of that, but I certainly won't argue it...the wreck I dealt with was a rear end collision, postal vehicle running into the back of a regular passenger car...no postal right of way there, I can assure you... :P

Mr_Shiftright

"a postal vehicle has the right to go through any car in its way..."

Nah, I just made that up