Questions About Auto Insurance and Accidents

reckoning32 · March 2005

I'm looking to switch insurance companies after being in an accident (my fault) that totaled my car.

I had a clean profile for 9+ years and would appreciate it if anyone could offer advice about a reputable insurance provider who would offer a more competitive rate. I know I will be dinged pretty badly for this, but would like to know who would offer maximum discounts based on previous clean record, occupation, safety features (I will probably purchase a Toyota Matrix with ABS and side air bags), or additional driving school certification. I live in the SF Bay Area. Thank you.

jb_turner · March 2005

Expect to pay much higher rates if you can find another company that will take you on.

marsha7 · March 2005

with Post 719, because it DOES depend on whose names are on various policies, and, yes, it may depend on your state...a common misconception I deal with all the time here in Georgia, and it concerns divorce, where the Judge's order is actually quite meaningless...suppose in the divorce, where the Visa card is a joint card, and the Judge orders the Husband (hereafter, H, and the Wife will be referred to as W) to pay the monthly payments on the $5,000.00 Visa bill...and, to replicate a situation I see all the time with bankruptcy clients, H does not pay...Visa has EVERY right to pursue W for payment, because the Judge's order has no effect on Visa, as the contract signed with Visa has both their signatures and it is a joint account...if H deadbeats the credit cards, then the creditor (credit card, mortgage company, auto lender, take your pick) can pursue the W as long as the accounts were set up jointly...the Judge's order cannot change the contract signed by the parties, and they are BOTH completely liable for the payments...

Now, the W may have a contempt action against the H for violating the Judge's order, but that still has no bearing on Visa...sending Visa a copy of the divorce decree is only wasting time and postage, as they are not bound by a divorce decree...

My only point is that while the driver of the car is usually responsible for the damages he/she caused, my point is that the Judge's order is probably not the decree that makes it so, but state law, as Judge's decrees are not the omnipotent documents people like to think they are when it applies to third parties like lenders, and maybe insurance...

Now, if the Judge ordered child support from H, and if he doesn't pay, Hell hath no fury like a Judge when support falls into arrears, but that is a direct order on a "more important" debt, not a simple signed credit contract...

mikefm58 · March 2005

The accident was BEFORE her divorce and they had a joint insurance policy at the time of the accident. But I'd expect her to be jointly liable ONLY if her name was on the vehicle title along with her husband. I don't see where the divorce or it's terms would matter here.

Kirstie_H · March 2005

Well, that does make a difference - I didn't compute that it had happened pre-divorce.

Laws must vary from state-to-state, and depending on the entity. I had a somewhat similar situation and was deemed not liable solely because I was decreed not responsible. But hopefully, the ex-spouse will simply take the responsibility that is truly his, and deal with the accident and its costs.

sjm2 · March 2005

Just curious for any thoughts/advice.

I was in stop and go traffic and rear end by tt. I have not gotten an estimate yet as it happened earlier today. It is a 2001 Accord VP (paid off) with almost 80k miles. The rear end top of trunk to lower bumper is pushed in about 6 inches, all lights are broken,and I don't dare open the trunk b/c I am sure it won't close after. With a third kid on the way, we have plans on getting a minivan in May/June. Are we SOL on losing value or can we request a total? Would it be in our interest to trade it in as is and take a check from their insurance? We had hoped to sell it to someone vs. trading it in, but now we wouldn't feel good about selling it to someone with previous damage regardless of how good the repair is. We had hoped to get around 9k for it.

Thnaks!

marsha7 · March 2005

You really do not "request" a total, it is usually something that the adjuster decides...it is usually (never say always, never say never) a matter of company policy as to the percentage of reapirs as compared to the value of the car...if your insurance uses, say, 80%, that means when vehicle repairs exceed 80% of the value of the vehicle, they will total it, if repairs only 70% they will repair it...you may only have a "choice" if you are literally within $50-100 of the percentage, and they are unsure which way to go...also, "choice" may occur if there are no parts available (rarely) to repair your car, then they may be forced to total it, but used parts can usually be found at most junkyards...in Georgia, they have to use new parts if the vehicle is, I believe, 2 years or less...over 2 years they can use used parts to save money...if you demand new parts, you will pay the difference...

marsha7 · March 2005

It is now almost midnight EST, when I am usually in bed by 10pm...when I saw "Accord VP" I momentarily thought it meant Vanden Plas, but I suppose Jaguar is not made by Honda.......yet...

qbrozen · March 2005

Well, I hate to be the one to throw water on ya, but $9K for a 5-year-old Value Pack Accord with 80K on the clock? That's a big stretch. Even if it hadn't been in an accident, Edmunds tells me that's a $6500 car, and, many times, they are a bit high with their estimates.

Anyway, it sounds like this puppy is totalled (trunk lid, trunk floor, and 2 rear quarter panels?). So, depending on the insurance company, you may make out pretty good on this deal since you wanted to unload it anyway.

sjm2 · March 2005

No worries, I have a big towel...

we base the 9k on Edmonds, NADA and traderonline, all of which say 8-9k. So who knows.

I do like your thoughts of it being totalled, if they go by a NADA retail. I know people have said they don't really know what insurance companies use to determine value. Do you thik we would only get 6k from that?

Thanks

qbrozen · March 2005

well, as mentioned, it depends on your insurance company. I've heard of those who actually look at actual retail selling prices and will give you that much as "replacement value." Then I've heard of those who go with auction value (which is pretty harsh).

I must have done something different than you when pricing it, cause I checked before responding to your post and Edmunds told me $64xx trade-in value (in the northeast, since that's my home region). But I didn't have much info to go on, so who knows.

mikefm58 · March 2005

My friend was broad sided by someone who ran a red light. Her side was green. One witness who was right behind my friend confirmed she had a green light. Another witness who was approaching from the other side of the intersection from the one who ran the red light claimed he had a red light. The other driver claims his side was green but he still got the ticket for running a red light.

To me it's pretty clear based on the testimony of two witnesses, the guy ran a red light. Yet he claims up and down that he had a green light.

Luckily for my friend there doesn't appear to be any permanent injuries. It's been a couple weeks since the accident yet she still has some pain and hasn't gone back to work yet. She's debating going to a lawyer.

How long should it take for his insurance company to decide if he's responsible or not? His insurance company is Progressive.

rickvh · March 2005

Yes this does vary by Ins co. I know of one very large one that is wholesale bluebook for a total, and if you get "Gap Coverage" with them, it is wholesale bluebook + 25%. So things can vary quite a bit from one carrier to another.

qbrozen · March 2005

there is no decision to be made. The man received a ticket for running a red. End of story. There is no debate.

If your friend has been out of work and is in pain, I hope she has been to a doctor. If so, she needs to talk to HER insurance company and find out how to proceed with getting financial satisfaction from the offending party's insurance company. Yes, a lawyer may be in order.

novaguy2005 · March 2005

We were backing out of our driveway and hit a parked truck. The estimate on damage to the truck came back at $1800. Considering we have a $500 deductible, and we use GEICO, anyone have any thoughts on whether to make a claim? We are essentially talking about $1300 extra I would have to pay following the deductible, and I am curious as to whether people's experience would be that the premium increase would exceed that $1300 amount (premium as around $700 for two cars, just my wife and I as drivers). Keep in mind we just got the 5 year good driver discount (following a spate of accidents).

mikefm58 · March 2005

The deductible applies to damages on your vehicle, not the one you backed in to.

marsha7 · March 2005

Yes, it does matter who received the ticket... BUT, that is not necessarily the end of it...here in Georgia (hey, GA is all I know), depending on the COUNTY, the ticketed party is required to show up in court in Recorder's Court...they can plead guilty and pay the fine thru the mail, and that is admissible as proof of guilt...but, it also offers the ticketed party a chance to plead not guilty and see what the judge does...in Fulton & DeKalb counties, officers at the scene will issue "witness subpoenas" to the innocent party and any witnesses, with the court date of the guilty party...I always tell my clients to show up at the hearing, and try to get the witnesses (their names and phone are on the police report) to show up, and for this reason... if no one but the guilty party shows at the hearing, the only side of the story heard by the judge is his side...now, I don't want to imply that the guilty party would lie to the judge, but...with no one to dispute the story, I have seen tickets dismissed by the judge because my client, the innocent victim, "forgot" the court date or was too busy shopping at the mall, and the ticket was dismissed...if the ticket is dismissed, it becomes a true accident, fault is 50/50, and my client cannot recover for his injuries...you wanna see an irritated client, when I tell them that their stupidity is what killed their case???

All the preceding was for one purpose...that is why some insurance companies may wait before assuming liability, because if their insured gets the ticket dismissed, then, legally, they may no longer be guilty and insurance, may not have to pay for an accident where their client was "not guilty"...I have seen it happen more times than I can count...may never happen in other states with different laws, but this is the stupid crap we live with in GA...

radman2 · March 2005

I was justin an accident, not my fault, and need advice. The vehicle was my work vehicle and I need a rental, any tips. Also, damaged some of my equipment, any insights? It's totaled, If they won't pay to replace my vehicle can I insist they fix the vehicle? Lastly, both of us have the same insurance company, any pro's or con's?

rickvh · March 2005

what insurance company is it?

If it was the other parties fault, you should have a rental until they settle the property damage portion of the claim.

You should be able to get compensated for equipment, time lost from work and/or revenue lost from being out the car and injury.

Depending on who the insurance company is, they have different ways of how they figure out what to compensate for on a total loss.

marsha7 · March 2005

you have no "right" to insist they fix the vehicle if they deem it is totalled...you are supposed to receive fair market value for the car, but that is subject to many factors...a friend of mine who is high up in a dealership tells me that with all of the "zero percent financing" of the last few years, trade-in values of vehicles are much less than KBB or NADA says they are, often causing a decrease in the retail price, so what "the book" says may not apply in certain regions of the country...that does not help when you replace your totalled vehicle, but if insurance says it exceeds the percentage for which they will repair it, you cannot demand they fix it...having said that,

you may get them to pay you for the total, and ask to keep the carcass, and then you can go around checking body shops and see if someone will repair it for what insurance paid, or even add your own $500, and it will still be cheaper than buying another car outright...caution, ins co may deduct a few hundred dollars from your settlement for allowing you to keep the carcass, since they usually sell them to junkyards for a few hundred bucks...if you keep the car they will lose that money and may deduct it from your final check...

euphonium · March 2005

when the vehicle is declared a total, isn't the insurance company obligated to include an amount that pro rates the license fee and pay Sales Tax?
A replacement vehicle can't be purchased without paying the ST.

nodamage · March 2005

I had a car accident. a stupid one really. I was getting out of my parking space and although i looked and no one was there when i looked, i ended up hitting a car that was driving ahead. My car rear hit his wheel rim. None of our cars had any dammage because i barely hit the guy's wheel rim. The guy i hit ended up wanting my insurance policy, asking where i lived etc because he didnt have time to look at it now in detail to see if there was any damage although mind u we did spend over 30 minutes looking and there was nothing. i told him i wasnt going to provide him with any of my private information and if he wanted to complain that he needs to call the police now to file a report, he didnt but he did end up taking pictures and i did too and both cars his and mine look perfect, not one scratch on there!! so my question is this: since we live in the same apartment complex, so the guy will see me again and i will see him, can he still come a week/ a month etc later and complain and want to file a claim with my insurance or is it too late since there's no proof and since a police report wasnt filed and there were no witnesses at all. If he does show up trying to bribe for money to get new rims although his rims are perfectly new anyways, i can always pretend not knowing what he's talking about: what accident? who are you? etc.
So please if someone knows how long after an accident and if the police report wasnt reported and no witnesses, is the guy's statement valid at all?

qbrozen · March 2005

well, i can't blame the guy one bit for wanting your info. You never know if there was damage that just wasn't apparent (bent wheel, for instance). But he would have found out after driving it for a short time if something like that had happened.

If he comes back at any time, just tell him to take it up with your insurance company. Then your insurance company will call you and you can provide your side of the story and the photos. Its really not a big deal, IMHO.

euphonium · March 2005

When there's no damage, because your car kissed his tire, I would not advise a lady to give personal information to an officious oaf either. Why worry or get upset over this situation? He is obligated to substantiate any claim against you within a reasonable period of time and that has been adjudicated to mean within 30 days. Next time you encounter the guy, ignore him. But, in the future, when involved in a crash where there is damage to either property, you are obligated to share your personal information including driver license data. Happy Easter!

whitver · March 2005

I unintentionally let the liability coverage on one of my cars on my family policy expire, and a few days later my son was in an accident where there was some damage to another car. No one was injured. I confirmed with my agent that my policy had in fact expired and that there was no "grace period" or anything like that to help me. (I've learned my lesson, I promise!) The other car had damage to the front bumper and panel, but it was fully drivable. I don't know, but might guess $3,000 to repair. I exchanged information and phone calls with the other driver. (The police came to the scene of the accident and issued no citations, but wrote on the accident report that the car my son was driving entered the intersection after the light turned red. That was true, because our car stalled when he slowed for the yellow light, and he lost power braking.)

The other driver decided to file a claim with their insurance company (GEICO), and I have been expecting to become the target of a subrogation. I have been keeping some money set aside for that, but so far have heard nothing. It has been over 2 months now.

How likely is it that GEICO decided not to subrogate? If they do subrogate, when will it likely happen and what will happen next? Will I get a letter from GEICO first asking for the damages, or some kind of legal action?

Thanks for any insight you can provide. I suppose I could call the other driver back and ask how much the repair bill was, but I don't want to put them in a potentially awkward position.

cadillacmike · March 2005

I've been on the reverse end of this before.

Some jacka$$ hit me and I found out about 2 weeks after the accident (when my company tried to subbrogate) that his ins had expired less than 1 month before the accident because of non payment!

My ins repaired my car (minus ded) and I don't think they went after the other party, because it was not cost effective. Fortunately there were no injuries involved, or it would have been another matter entirely. I had the option of suing the other person, but I never did -$500 ded plus $150 or so rental car = not worth it, except to "teach a lesson". I decided it was not worth the effort either.

Now about that story about stalling and losing power brakes.

LOL You have 2 or 3 good power assisted pedals left when a car stalls because of the "leftover vacuum" in the booster, unlike power steering which cuts out immediately.

Me thinks someone is not being entirely up front about events.

whitver · March 2005

Thanks for the response. It might well be that my son told the story with a "favorable spin", and he is certainly sharing in the consequences, beginning with having no car to use because the '93 minivan with 180K miles wasn't worth repairing!

I would be quite willing to pay the other driver's deductible, since we all agree that my car and its driver initiated the sequence that led to the collision. But I don't want to pay that money on good faith, and then have the insurance company demand it from me again. But I also don't want to just call up GEICO and say "when are you going to subrogate, because I'm ready to pay"!

So I guess I'll just keep waiting.

mikefm58 · March 2005

I would be really nice to the other party and pay their deductible since that would come out of their pocket and I can't imagine GEICO coming at you for that. Just make sure you pay him by check or something traceable.

marsha7 · March 2005

euphonium...yes, they should include sales tax, maybe some pro-rated for the license, but if the plate can be transferred then it would not matter...I am not sure when plates can be transferred and when they can't

nodamage..as long as 2 cars collide, they have every right to demand your insurance info, and you have every leagl duty to provide it, regardless of any opinion you may have about damages...not to be an idiot about this, but I recommend to every client, if you are involved in a five dollar paint scratch, call police to come to the scene and make a report...'tis better to have the report and not need it, than need it and not have it...no insult intended, but if you think I will depend on the other guy to verify his fault in an accident with no police report, you must believe in the tooth fairy...you have one chance to document your accident and who was at fault, that is what police reports are for...if there is no damage, then so be it...but a wheel could be bent, a tire could be weakened, a disc or caliper could be damaged, and axle or bearing might be warped...just because he could not detect anything in the parking lot, well, I would protect myself and get a report, if nothing else just to establish fault, so my insurance, if needed, will not go up from making a claim...

marsha7 · March 2005

Many states have laws on the books that say if your collision is blocking the freeway, and the injuries are not serious, then you should move the cars off the road to allow the traffic to flow...the supposition is that the police can figure out what happened by viewing the vehicles damages...I WILL NEVER RECOMMEND THAT FOLKS BREAK THE LAW, but, and I mean no disrespect to police, who I admire deeply...they all ain't quite as motivated as we like to believe...if the cars are moved, they will, as a matter of policy, not draw any diagram of the accident...further, they only have your story and the story of the other guy...if he crossed the line into your lane, it will be obvious where the cars collided and proper fault will be attributed...but if the cars are moved, and traffic causes parts to be strewn all over the road, no fault will be attributed and the victim will be screwed...my reco to my family is simple...leave the cars on the road to preserve the scene, and to hell with traffic flow, you may have a claim that will be extinguished and your ins rates may go up because of an incompetent cop who can't or won't figure out what happened...it is better to receive a ticket for "failure to move the cars" than to possibly receive a ticket for the fault in a collision which is not your fault...trusting the cop at the scene may be the biggest mistake you make in processing the wreck, so make sure the variables aren't variable, and keep the cars in place, or at least keep YOUR car in place... after all, sometimes the laws are written by folks who haven't quite passed 3rd grade sandbox, and I would rather argue the "failure to move" ticket to the judge, and let the other guy argue why he caused the accident, and let his rates go up, and let his ins fix your car so you do not have to pay your collision deductible...make your own choice, but do it with knowledge of how the consequences may screw you, instead of blind obedience to a stupid law...YMMV

prophet2 · March 2005

Always insist on getting a police report. You cannot depend on the other guy to tell the truth later. The story gets changed more often than you imagine.

And, leave the cars exactly as they are. This would be tantamount to "preserving the crime scene." If you have those new camera cell phones, use them to take photos.

cadillacmike · March 2005

The insurance company is required to pay the "actual cash cvalue" as described in your policy. State sales taxes and liecnse fees are NOT part of the value and are therefore NOT recoverable. Too bad, but that's the way it is.

mikefm58 · March 2005

Not in the state of Florida. Our vehicle was totaled in an accident several years ago (other guys fault) and we were reimbursed "appraised value" plus sales tax.

mikefm58 · March 2005

" And, leave the cars exactly as they are >

In Florida, they have to be moved if they are drive'able.

Good advice though on the camera cell phone.

mikefm58 · March 2005

Note to marsha7, must remember to create new paragraphs.....LOL....My eyes are killing me.

prophet2 · March 2005

I'd wait until the police directed me to do so AFTER they arrived on the scene.

We had a case in Hawaii in which the entire freeway was blocked after a motorcycle fatality - the victim struck a medial barrier at an off-ramp. No thru traffic allowed until the on-site investigation was completed as everyone was routed via the off-ramp. That took FOUR hours before even one lane on the freeway was opened.

I'm sorry to sound hard-hearted, but I NEVER agree to NOT call the police because the other guy doesn't have insurance or has a "friend" who can fix the body damage. Anyone who falls for this can almost be assured that the story will change.

mikefm58 · March 2005

" In Florida, they have to be moved if they are drive'able. "

Addition to that.....And there are no injuries.

rroyce10 · March 2005

.. **The insurance company is required to pay the "actual cash value" as described in your policy. State sales taxes and license fees are NOT part of the value and are therefore NOT recoverable.** ...

Au contraire my friend ... insurance companies would like -not- to pay the taxes ... but a good negotiater will get his final price, then ask, and get the taxes - it's done everyday ...

Terry.

rroyce10 · March 2005

...... We need to get you a class in Paragraph School ..........

Terry.

marsha7 · March 2005

please note the time of my last post, 11:17 pm... I usually go to sleep between 10 and 10:30 pm...while I admit to be a dropout of paragraph school, and also understanding that I only type with my index fingers in true "hunt and peck" style, please cut me a little slack...I am trying to communicate what I hope is worthwhile information from a semi-comatose mental state...my fingers are flying at the speed of light and I correct more typos that your calculator can count...sometimes the thoughts run together, so a proper paragraph break is difficult to determine...I am trying to say something, and the last thing on my mind at 11 pm is "where do I end a paragraph"???...

Having said that, I will try in the future...

To compose better, so my...

English teacher will be proud of me...

Is

That

Better???..............:):):):):)...Bedtime...

sylvest78 · March 2005

hello,
I will turn 21 in 25 days (at the end of April).
I have driven for almost 4 years. I have had 1 speeding ticket.

How much would be a reasonable rate for insurance on a new Acura tsx?
(I am able to be added on someone elses policy)

ANYBODY HAVE ANY SIMILAR SITUATIONS?
HOW MUCH DO YOU PAY?

SHOULD I WAIT UNTIL I TURN 21 at the end of April until I buy?

It would not be worth buying a car and paying 3k+ more annually...
Please help, Thanks

marsha7 · March 2005

There are too many factors that you don't tell us, which will affect your premium, and the biggest variable is the experience each company has with folks your age abd that specific car...do you live in Manhattan or Fargo, ND, Los Angeles or Montana...have you taken Driver's Ed (often good for a discount)...have you been a poor credit risk???...any previous wrecks, your fault or the other guy???...just 21 and 1 ticket really says less than nothing about your circumstances...probably time for a new paragraph, according to the paragraph police...

mikefm58 · March 2005

Why not just pick a few name brand insurance companies out of the yellow pages and call them for a quote?

sandym3 · March 2005

I know I'm fortunate to be here, which is the most important thing. My brand new 2004 Hyundai Santa Fe was wrecked by a moron running a red light on Feb. 2nd. To me, it looked like my car/SUV was totalled. The original estimate was about $5,000 and the vehicle was due to be completed on March 1st. Then March 4th. Then March 11th. Each time I spoke to the body shop, it got pushed back more and more. As of today, 3/28, it's still at the body shop. This time, they tell me it's at the transmission shop and I should have it later this week. The damage is up to over $9,000, and the rental I have been driving is at around $1,600.

What formula is used to determine whether or not a vehicle gets totalled? Everyone tells me the vehicle will never be right. I try to be an optimist, but I wonder if I wouldn't be better off it was totalled and I could start fresh. Considering I owe about $15,000 on this new vehicle, and it's probably not worth anywhere near that now, thanks to the accident....

And what can I do about the body shop? This is a "Service First" facility, which is one of the State Farm recommended shops. My husband has used them before, and their work was good in the past. I feel like they're jerking me around. On one day, they tell me one thing, and two days later, it's a different story altogether. What can I do to expedite this, and make sure my vehicle is correctly repaired/restored to its pre-accident condition?

Also, is it worth pursuing a "diminshed value" claim?

The other party was uninsured, and this will most likely go through my insurance's "uninsured motorist" coverage.

Finally, if people do not have insurance, what in the h*** are they doing on the roads?

jlight · March 2005

I BOUGHT A 2004 TOYOTA HIGHLAND THE END OF APRIL 2O04. IN JULY 2004 I WAS REAR ENDED WHILE SITTING IN TRAFFIC. THE DAMAGE TO MY CAR (WHICH ONLY HAD 200 MILES,AT THAT TIME)WAS 4,939.00. THE HIGHLANDER HAS BEEN REPAIRED, BUT ALLSTATE ONLY WANTS TO OFFER $1000.00 IN DIMINISHED VALUE FOR THE VEHICLE. I HAVE HIRED A LAWYER, BUT I HAVE BEEN UNABLE TO FIND ANYONE WHO WILL GIVE ME AN ESTIMATE AS TO WHAT THE CAR WOULD HAVE BEEN WORTH ON A TRADE IN BEFORE & AFTER THE ACCIDENT. EVERYONE KEEPS REFERRING ME TO SOMEONE ELSE AND I RECEIVE THE SAME ANSWER, WHICH IS WE DON'T GIVE THOSE ESTIMATES. I HAVE TRIED THE DEALERSHIP AND THE MECHANIC SHOP AT THE DEALERSHIP, AND THE BODY SHOP THAT REPAIRED THE VEHICLE. I NEED TO KNOW WHERE TO TAKE THE VEHICLE TO GET THIS INFORMATION, SINCE WE HAVE HIRED A LAWYER AND ARE TAKING IT TO COURT. ANYONE WHO HAS ANY ADVISE PLEASE LET ME KNOW. THANK YOU, JAN

rroyce10 · March 2005

............ Yikes -- cut the Caps .. I'm not wearing my Giorgio Armani sunglasses ....

Terry.

euphonium · March 2005

Ask the dealer from whom you purchased the vehicle how much he would discount a new one had it endured the same damage prior to being sold the first time. That discount would be the DV you are looking for.

marsha7 · March 2005

I have advocated for years that folks who are caught without insurance should be subject to a minimum fine of $1,000 and some other heinous penalties...maybe confiscate their checkbook, garnish their wages pursuant to statute and spend a day in jail...make it tough enough that when they come out they will tell all their other deadbeat friends (birds of a feather DO flock together) to get insurance or be subject to being drawn and quartered without anesthesia...if everyone had insurance, our U/M premiums, for that true occasional idiot, would drop to almost nothing...

janz · March 2005

I found some great info on the internet.

Who are you going after, the ins company, the repair shop or the person who hit you? Also, to some extent collecting on this depends on the state you live in.

As I understand it, Diminished value claims can be either against the Insurance company for not authorizing proper repairs, (they've offered you $1,000) the repair shop (most reputable ones will guarantee their work) or Inherent meaning what is the "perceived" loss in value of yours on a lot compared to another exactly like it that has not been wrecked.

If the work is guaranteed by the shop and their repair includes OEM parts and all required work was authorized and paid for by the ins company you may only have Inherent Diminished Value/property damage. I belive this would be a claim against the party who hit you and would fall into property damage category. After reading other comments on these posts on collecting on property damage, these can be hard to collect on as you have to prove your loss and generally it will not be as much as the potential for personal injury. Generally lawyers are more interested in personal injury, as that is where the money is.

IMHO, get the dealership estimate, add the $1000, and balance that against if the time and effort attempting to collect the difference is worth the lawyer fees.

Good luck

-------

to sylvest78, get insurance quotes before you buy. We recently purchased liability only on a '02 Integra for our teenge sons and our ins agent said liability only is pretty reasonable, as full coverage on an Integra for a youngg (male)driver is pretty expensive.

vs001 · March 2005

I have a fully loaded 2001 eclipse GT with only 30000 miles that I have babied for the past 4 years. Got hit badly by a hailstorm that also picked up some gravel and stones. The front windshield was cracked and the sunroof and rear windshield were smashed to bits. Some water also entered the car and wet the carpet (didn't see too much water on the dashboard).

When I drove for a short distance, i smelled something burning and the speakers started making a hissing sound and then loud creaking noises. I immediately pulled over and turned off the car. The hissing/creaking from the speakers continued although key was removed from ignition.

Got the car towed to a body shop where an adjuster looked at it after 2 days and said it might be totaled. The battery has been disconnected to stop speakers from making sounds. My guess is that the amplifier is shorted, but i don't know if there are bigger problems. The radio does not turn on but the speakers make noise anyway (if the battery is connected).

The car is in excellent shape mechanically and I would like to know what is the best course of action if the appraiser's estimate is close to 80% of Actual Cash Value.

1. I could argue that they repair it. Would they be required to pay for further damages within the next few months if there is further damage to sensors etc?

2. Take the money they offer and buy a new/ slightly used car. Nada guide has my car at 14,100. KBB has it at 13000 (accounting for leather, sunroof, alloy, in dash cd changer etc)

3. Take the ACV less Salavage value and keep the car. Get the glasses fixed (about 2000$), amplifier replaced (about 500$ plus labor) and ignore the little dents on the body which I am told pop out in the Texas heat. If i do take this option, is there some way I can get the electrical system examined to check for possible damage to other sensors (body shops in the Austin area don't seem to have much experience with electrical systems and the only dealer is 30 miles away and I don't know if i should be driving there)? Would you recommend disconnecting the fuse for the amplifier circuit and driving the car short distances to get estimates?

If anyone has knowledge of Eclipse, do you know if there are important sensors under the seat/ on the floor?
Also, if the car were totaled due to hail damage, do you know how it would show up on on title searches such as carfax? i.e. would i be doomed if trying to sell the car in a couple of years?

Any help would be much appreciated. Thanks.

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