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Owned my prius less than 90 days and in an accident

Discussion in 'Gen 3 Prius Main Forum' started by Mobalized, Oct 16, 2013.

  1. Mobalized

    Mobalized Member

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    Bought my 2012 blizzard prius back in August, and this morning got plastered by a idiot going the opposite direction that lost control of her vehicle. Now if the car isn't totaled I will have a car that I am no longer sure will remain liable for the next decade. One of the main reasons that I bought this particular car was because it would be covered under warranty for at least a few years, now I'm not so sure if something goes wrong that it would be covered because it could have been caused by the accident.
    Not to mention due to the nature of the accident I am also concerned that my soon to be child will be at potential risk of harm in the event a malfunction (fire) occurs with the battery that was caused by the impact from this accident. Not to mention the fact that I am broke and that inherent diminished value that this accident will put on the vehicle. Stressing out. Wondering if anyone has any experience trying to get the vehicle totaled (which I prefer) or compensation for diminished value which I'm not sure how insurance in NY handles it.
     
  2. dan2l

    dan2l 2014 Prius v wagon

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    It does not take much to get a Prius totaled. If the air bags deployed, they will probably total it.

    GoldCarF.JPG
    This one has the engine and inverter and transmission OK, but it was just totaled by the insurance company.

    If it did not deploy the airbag, then it was just a light bump and you do not need to worry about its safety if it is repaired at a reputable shop.

    You might insist that they take it to a Toyota dealer. That would help both with safety and with the likelihood that it costs more to fix it than to total it.

    Thanks,
    Dan
     
  3. Mobalized

    Mobalized Member

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    I wouldn't call it a bump, I sure hope it gets totaled so I don't end up stuck with a car that isn't worth diddly. Where I got hit kind of screwed me though, if I took the impact in the front I think it would be totaled.
     
  4. zhenya

    zhenya Active Member

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    You can file a claim for diminished value,but the paying insurance company will probably fight it hard. It's worth doing though. People often get checks cut for many thousands of dollars if they go through with it.
     
  5. Mobalized

    Mobalized Member

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    Here she is, picture didn't do it justice.
     

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  6. Mobalized

    Mobalized Member

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    Would I have to wait for the repair to file that?
     
  7. JMD

    JMD 2012 Prius 4 Solar Roof

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    I recall my Bimmer when it was rear ended was a heart break. It was close to totaled but Ins decided to repair. I drove the car another 3 years and sold it at Blue book.
     
  8. Mike500

    Mike500 Senior Member

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    Since the car is less than 90 days old, you will receive a lot of resistance from the perpetrators insurance company, but I would not settle for anything less than a brand new car.

    I'd tell the woman's insurance company that they just purchased a Prius.
     
  9. JMD

    JMD 2012 Prius 4 Solar Roof

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    If you don 't have gap insurance expect to write a check for the same model unless you put 20% down. Cars depreciate about 4-6 grand. Insurance won 't give you money for the sales tax you paid also so that's a few grand more.

    I recall my friend had to pay his old loan off and kick in a few grand out if his own money. He got to keep his totaled car with a salvage title. Not sure how he did it but he got a check for the total and sold his totaled car as is with a salvage title in California where the car was registered.

    He still says he lost money financially when the deal was over and he wished the car was repairable.

    Maybe it works different in NY
     
  10. Mike500

    Mike500 Senior Member

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    That's what the insurance companies want you to believe.

    In the case of a NEW car, you are to be returned to the same situation as if the accident never happened.


    You might have to litigate, but you CAN get everything back that you lost, including attorney fees.
     
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  11. JMD

    JMD 2012 Prius 4 Solar Roof

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    Let us know how it works out
     
  12. ftl

    ftl Explicator

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    Here's an opinion from the NY State Insurance Department that says in the event of a total loss the insurance company must also pay the sales tax.

    I had an argument about a total loss (not on a new car) with my insurance company many years ago, and the Insurance Department was a great help in persuading the company to settle in my favor.
     
  13. Mike500

    Mike500 Senior Member

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    The insurance company will make numerous attempts to mitigate their cost.

    Legally, they know what the law is. You are entitled to be "made whole" at no cost to you, unless you had contributory negligence that caused the accident.

    Unfortunately, too many who are damaged, get pressured to settle for less.
     
  14. Mobalized

    Mobalized Member

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    I will not settle for less, at any cost. The car wasn't new, I bought it used with 14k miles, and I traded down so I'm way ahead on it but it's still going to hurt me long term financial with it's loss of value. I just am crossing my fingers they find a reason to total. I will keep everyone informed, any I realized I'm just over 60 days of owning not near 90.
     
  15. bisco

    bisco cookie crumbler

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    bummer man, sorry to hear it.:( all the best with your settlement!(y)
     
  16. Reetz

    Reetz Junior Member

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    My boss had his several year old BMW sandwiched on a freeway off ramp, with 5 cars involved. He stuck it out for diminished value and they cut him a check for about $7,000.
     
  17. Mobalized

    Mobalized Member

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    Did he seek legal advisement throughout the process or did he go it alone? And what state?
     
  18. JMD

    JMD 2012 Prius 4 Solar Roof

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    Just saying that from the picture it does not look like a total loss but you never know. I have seen similar pictures with battery damage that tips the car to a total loss
     
  19. Redpoint5

    Redpoint5 Senior Member

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    Whatever their offer, make sure you price out a similar vehicle and demand that you get compensated at retail value for it, including taxes, title, and license fees.

    My old Subaru was totaled and I was initially offered $1000 for it. I had the luxury of having another vehicle to drive, so I found advertisements for 3 similar vehicles and told the insurance company I will not consider the matter satisfied unless they gave me $2500. It took a couple months, but I got $2,500. They incrementally increased their payout as time went on, but since having the open case on their books looks bad and costs them money, eventually they saw it my way.

    I don't know how much your time is worth, but often times it is less than the insurance adjusters time. Drawing things out is a good tactic to get a higher payoff. Besides, I've never seen an insurance company have a fair initial price.

    As far as concern about the battery goes; if it hasn't already caught fire, it isn't likely to. There are many safeguards in place to protect the occupants of the vehicle, and the most likely time that a catastrophe would strike is at the moment the car was impacted.
     
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  20. Mike500

    Mike500 Senior Member

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    Insurance companies are businesses that have to watch their "bottom line."

    If they think it is going to cost them more money in the long run, they will settle.


    If they know that you would go to court, the adjustor's supervisor sees $$ signs that will reduce their bottom line. The adjustor sees his or her "performance rating" and bonus tanking.