15 thousand dollars and 3 months later...

You DO need to pursue a diminished value claim with her insurance company. They owe you the difference in value of your car before it was hit and after it was repaired. This can be a huge amount of $$$ in this case. You should not need to go to court for this; insurance companies don't advertise this because they don't want to pay for it. I am in the midst of doing this myself for a much smaller claim. Call HER insurance company (assuming the accident was deemed to be her fault) and tell them you want to open a claim for "diminished value". If she hadn't hit you, your car would be worth more in resale and trade-in, right? You are due that difference. When you do trade it in, you will take a massive $$$ hit for the extensive bodywork repairs.

 

Hmm that didn't look like $15k worth of damage. What was wrong that cost $15k? Did they have to put a new engine, transmission and chassis in it?

Does it still drive the same? What is your MPG looking like after the repairs? Are you going to sell it?

 

<div class='quotetop'>QUOTE(YodaddyAlex @ Mar 24 2007, 12:54 PM) [snapback]411608[/snapback]</div>

No, it is only to remove and reinstall those components, unless you see itemized charges for a new engine, battery, etc. The battery, bu the way must be removed before the car is placed in the heated spray booth, or it will be permanently damaged.

Can you please share with us the name of the body shop so that other PriusChat members will know to avoid it?

 

<div class='quotetop'>QUOTE(YodaddyAlex @ Mar 24 2007, 01:13 PM) [snapback]411612[/snapback]</div>

It sounds as if you may require the services of an independent insurance adjuster who will appraise the value of the car. Make sure to let the AAA agent know that you will hold the Auto Club responsible for the cost of such service.

You may also hint that you are considering reporting them to the State Insurance Commissioner and the Better Business Bureau for dealing with you in bad faith and that you may have no alternative but to consult with an attorney. Trust me, your insurer does not want to be hit with a bad faith claim.

 

<div class='quotetop'>QUOTE(JimN @ Mar 18 2007, 08:08 PM) [snapback]408161[/snapback]</div>

Why are insurance premiums so high again?

It wouldn't have anything to do with this mentality, would it?

Don't sue to simply sue people. Sue the CORRECT people for what you are owed.

 

<div class='quotetop'>QUOTE(snowdog650 @ Mar 25 2007, 02:06 AM) [snapback]411807[/snapback]</div>

I second that.

 

<div class='quotetop'>QUOTE(YodaddyAlex @ Mar 24 2007, 02:13 PM) [snapback]411612[/snapback]</div>

I am going through the other person's insurance (Allstate). They did not suggest the diminished value claim, someone told me about it and I called and asked for it. What I have to do is get an estimate of the value of my car from a dealer in it's current (completely repaired) condition and an estimate of what it was worth before the extensive body damage. Once I submit that to them, they will have someone review the repair invoice and compare that to the dealer's appraisal of the DIFFERENCE in value. I'll get a check. I estimate in my case it'll be $1-1.5K.

You may have to be persistent and put this in writing. I don't know about the law regarding this, but you have to be made "whole" after the accident. It shouldn't be your problem that her insurer is also your insurer (which may be why you are having some problems with your agent).

 

<div class='quotetop'>QUOTE(snowdog650 @ Mar 25 2007, 02:06 AM) [snapback]411807[/snapback]</div>

And just who might that be? We can probably agree that it is SUV lady for diminished value. Who is responsible for the bumper scrape, chipped windshield, and whatever else that isn't 100%?

 

<div class='quotetop'>QUOTE(snowdog650 @ Mar 25 2007, 03:06 AM) [snapback]411807[/snapback]</div>

In all honesty, an attorney would tell him to "sue everybody in sight". Unfortunately in our adversarial legal system this is the only way to ensure the maximum likelyhood that you will recoup your damages. If you don't sue everybody for everything you could possibly sue them for you risk the judge or jury finding the party you DID sue or what you DID sue for not at fault and it may preclude you from bringing proper suit against those who ARE responsible. Plus, having to file and then file again against different parties massively increases your costs, and the court doesn't like to see that.

An attorney will always tell you to find something to counter-sue for also.

We see this ALL the time in my business (real estate brokerage), in fact we carry errors and omissions insurance JUST to protect us from being drug into a legal dispute between a buyer and a seller over anything. If you're buying a house and you get wronged by the seller or vice versa, your attorney will sue us as well even if we had no control over what the seller did just in case any wrongdoing on our part comes up during the discovery period or the trial.

Sad, but true.