Just got rear-ended
#31
Registered User
Thread Starter
#33
Registered Member
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.
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.
#34
Registered User
Thread Starter
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.
#35
Registered User
Thread Starter
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.
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.
#36
Yeah, hence the word "hope"... I understand how it works. The G also scored the worst in the IIHS low speed impact tests.
#37
Registered Member
iTrader: (1)
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.
#38
Registered User
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.
If you've already signed a release...its too late to do any of this.
#39
#40
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.
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.
Do you have any kind of template/format to make this kind of claim?
#42
Registered User
Join Date: Jan 2010
Location: Southeast USA
Posts: 115
Likes: 0
Received 0 Likes
on
0 Posts
Ouch...poor car. Sorry to hear about it. The car looks great now that it's back, so congrat's.
I never understand why people follow too closely to a car in front and tailgate. It's just an accident waiting to happen. Does it really get anyone to their destination any quicker? These people seems to think so and it baffles me.
I never understand why people follow too closely to a car in front and tailgate. It's just an accident waiting to happen. Does it really get anyone to their destination any quicker? These people seems to think so and it baffles me.
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.
#43
Registered Member
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
#44
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.
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.
#45
Registered Member
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.
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.