FourT2

Good idea. Will stop by and have them check it out.

2k7G35s

If it were me I would hope my G37 was totaled, I wouldn't want to have to go through the hell of selling or trading in a car with a wreck in its history.

Boomer-Bob

iTrader: (1)

FourT2...
You said you were driving an Aultima, a car with a "Loss of Use" value much less than a G. I think a G is worth about $80-$120.00 a day. The at fault party owes you for the number of days you were without the use of your G... (Not the number of days you had to rent a car if you did.) If they paid for the Aultima, it is only an off-set. (The at fault is responsible for the value of the car in the shop, not the one you have to drive.)

Good to see your car is looking good and back on the road.

FourT2

You can hope, but you may find that they decide to perform extensive surgery on your car instead. This appears to be the case with newer cars. You don't get to decide if your car gets totalled.

FourT2

Do you have more background on the loss of use concept (links, sources)? I don't doubt what you are saying, just need some more ammo to press the issue.

2k7G35s

Yeah, hence the word "hope"... I understand how it works. The G also scored the worst in the IIHS low speed impact tests.

Boomer-Bob

iTrader: (1)

I'm in California, here that's the law. I have collected based on it and friends have. I have been fed lots of BS from insurance adjusters, ("Under California Law...bs bs bs.) But, searching state law will tell you what a "comparable car" is and what they hit is what you are missing. If you have paid for a G they owe you for the loss of that car. I'm sure the at fault party would quickly let you know that they will not pay for a GTR while your G is in the shop. Fair is fair.

I'm not a lawyer, but, I've been rear ended four times, wife and kid three times, friends more... experiance... that I'd rather not have had, but maybe of help to you. File the claim, if you don't ask you don't get. Best of luck.

financeman

Several years ago my wife was broadsided by a lawn care company truck; about $9,000 damage. The other driver was ticketed. At first the insurance company denied responsibility and was very rude and difficult....I said fine and called the owner of the company and informed him of my plan to sue him and his compnay for repairs, loss of use, diminished value, and the trama to my then young daughter. The next day I received a call from his insurance company, accepting responsibility for the repairs. Never succeeded with the DV claim (state law issues), but the repairs were completed to my satisfaction at a shop of my choice. The lesson....don't forget the party at fault is ultimately responsible for making things right...and their insurance is simply a means to get that accomplished. Don't be afraid to contact the other party with your claim for additional loss...I guaranty you they will contact their insurance carrier.

If you've already signed a release...its too late to do any of this.

mahig37x

As i said, I noted down his number. Got the repairs done with his insurance.



The total cost for repairs came to $11000.

Now, going through the process of DV claim with the insurance company. They are offering me $2100.

I said i will get back to them with my figures.

mahig37x

Even I was unaware of this loss of use thing. Was driving a camry for about a month until my repairs were done. I am going to talk to the insurance company about this. Thanks for the info.

Do you have any kind of template/format to make this kind of claim?

2k7G35s

When the IIHS did their usual bumper tests(5 different tests at diferent speeds on different objects), the G37 was the WORST the IIHS has EVER tested.

BillPaul

Tailgating is fairly common where I live. I think these folks are too dumb to realize that it is unsafe, or are in a hurry & can't resist the temptation to follow more closely. On a road trip a few years ago, I was tired and asked a fellow passenger to drive for a while. She proceeded to tailgate in the rain (!) and seemed surprised when I commented that it was unsafe.

I have sometimes briefly hit the brakes (without slowing down) to warn the tailgater behind me that it is unsafe. However, it often provokes angry reactions. The safest course is probably to move over into the slow lane, but if you are trying to make good time it may not be practical.

Boomer-Bob

iTrader: (1)

Just search the web "Diminished Value" or "DV" for laws sample letters etc. Insurance Adjusters are most all aware of this, they may not like it in some states, and may be able to dodge it in others. It is most usually only available if you are filing a "third party claim", that is, not your own insurance company. It's the at fault driver or his insurance company that has to pay it... usually. It's not greedy or dishonest, you down graded your ride, you have a loss, they owe you. PS It is based on the number of days your ride is out of service, not the number of days you rent a car. If you rent or not isn't important. ALL IMHO GL

gee wiz

Due to our recent accident I inquired to Allstate about assistance in going after the responsible party (uninsured motorist) as a third party claim for diminished value. I was told I would have to do this myself. I then asked if they could assist me in a DV assessment on my vehicle, which was only two weeks old at the time of the accident. I was told (and this may be only the case here in my state) that diminished value can only be assessed when you actually incur a loss of value, which would only occur at the time of the sale of the vehicle. They said the law allows three years from the date of the accident to file such a claim against the third party. This may be considered BS by some, but they stood firmly behind their statement.

In our case, we could sell the car now, incur a loss, go after the responsible party, but there's no guarantee that we'll be able to suck blood from a turnip. We could inevitably sustain a larger loss. The car is repaired well to our liking and there was no frame or major damage. We plan to keep it for several years, at which point at the time of the future sale the accident and repairs probably won't be a factor. Our 2003 G was rear-ended twice and received moderate body repairs. When we sold it earlier this year we declared the repairs, which were done well, and we were still able to get full blue book value. With a newer car I'm sure this wouldn't be possible, thus diminished value would be more critical.

Boomer-Bob

iTrader: (1)

GeeWiz
Did the Allstate agent tell you this in a letter? Maybe provide a Legal Citation as the basis for their opinion? Often the grounds are "Inherent Diminished Value". If it is barred by statute, I would ask their help in citing the state law that applies. Could be they are correct.

PS There are legal firms in some states that specialize in DV. Could be worth a phone call or two IMHO.