diminution in value after accident

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Anyone have luck getting the other insurance company to give a decent payout?

I was in an accident that was 100% not my fault. My new, less than a year old car, had to have extensive repairs some of which will lower the value of the car. Once repairs are complete my plan is to trade the car in as I no longer feel safe in it and worry about the long term impact of a car that has has so much work done. I know when I trade it in they will know work has been done and this will impact the value of the car. So I am trying to get money through insurance. Wondering what I can expect.

them to fight back, you don't have to agree. When you trade it in, will you buy new? My recent experiences are that they don't even look at the cars other than seeing them on the lot before valuing them. The question is will the accident be reported to car fax. You can find a shop that doesn't report

I will buy new. I’ll need to see if it’s reported to carfax. I suspect it will and either way I’m sure the dealer will notice work has been done. Before the accident the car only had 10k miles and the work done was more than half the value of the car. So I’m sure there is significant depreciation.

The other insurance company should be paying as I was not at fault. Still waiting for them to officially declare that, but police report says it wasn’t my fault and other driver admitted fault at the scene.

Insurance will pay to "fix" your car, not for you to fully recover "value" of YOUR investment. Getting into an accident with new car is probably the worst thing that can happen from money standpoint.

Insurance will pay you what it takes to not sue their insured. You have a right to be made whole after an accident where the other driver is at fault - if you think they are lowballing you, you can say no to their offer

This is so not true. Look the reality is this. You can sue and you will have no money for years on end. Courts are not open. When they do, car accidents are at the bottom of the list to be set for trial. All of the cases that were continued during the pandemic shut down, which is still going on, will get set first. The back log is crazy and will clear slowly because of the fact that courts will not be running at capacity when they finally open up. Then when it opens, criminal, domestic violence, landlord tenant, and workers' comp are just some of what will be prioritized. Personal injury is at the bottom of the list.

On top of this, most insurance carriers have their own legal staff and they are hungry for work.

There is just no downside to an insurer to push the case into a lawsuit. This is not really a tough problem though. Look up the value of your car at the time of the accident. What was it worth just before it got hit. That's what you're going to get. Also, if you resolve this, you can bifurcate your property damage and personal injury cases so you are not waiting to get your property damage money until the entire case resolved.

I'm sorry for your accident and troubles. Not only am I a lawyer, but my child was in a terrible accident not long ago and I know how personally devastating it is to lose a major asset - he's young and had a beater car but it had a lot of value to him, plus he was pretty badly hurt.

[Anonymous]

Was the car deemed a salvaged title?

[Anonymous]

OP, if you purchased your own diminution of value coverage, your carrier has to pay that to you. Then your carrier will work to recover that money from the other insurer.