Diminished Value Claim
#46
Rennlist Member
Painful pics to see for sure... I bought a Shelby GT500 new in 2014... drove it 1100 miles and was rear ended while sitting at a stoplight. Damage was not too bad, bumper cover and lights and such... but obviously the car was worth a lot less with an accident on the carfax. I filed a diminished value claim, and to support it went down to the Ford dealer and got trade in estimates for the car with and without accident history... there was approx $11k in difference... which is what I used to support my claim and ultimately get paid on diminished value.
#47
Burning Brakes
Thread Starter
-TJ
#48
Rennlist Member
Check your insurance policy. Mine was 30 per day which is a nice car payment in the interim - it will take twice as long at least as they tell you to repair this - and even if it’s winter you’re still making payments or depreciating the car if you paid cash
also don’t sign ANY insurance checks before reading the fine print. Some of them will put a clause on the check that by depositing you agree this is payment in full
also don’t sign ANY insurance checks before reading the fine print. Some of them will put a clause on the check that by depositing you agree this is payment in full
#49
Ouch, that sucks man. Most importantly you're ok, but sad to see the car like that. I'm guessing they're gonna total it. That's significant damage.
Does anyone have any particular DV attorney's or companies to recommend? Can't hurt to have a referral.
Also, how exactly do they gauge how much they'd pay out? Is it based on a % of the total repair cost, or how much the car loses on trade in, or a % of the total value of the car? Because those are all very different things.
For example: If a car gets extremely slightly rear ended, and just needs a new bumper cover and paint job, that would run less than $2K. So if someone were pursuing a claim based on that, even if successful, would they only get a small percentage of the $2K repair? Because there wouldn't be worth the cost of even pursuing. However, that obviously is a much different figure than the realistic loss of value of a 911 with ANY accident report on the carfax. It could be a $500 repaint job, but if the carfax says "accident," in real life, it'll affect the value more than $500. So I'm wondering how insurance companies determine DV when going "by the book."
Also, they will indeed pay you for each day you don't have the car. From what I understand, it's easier to just pocket the rental car money (as long as you have another car) than it is to pursue "loss of use." Basically, they either pay for your rental or pay you the equal amount a rental would be.
Does anyone have any particular DV attorney's or companies to recommend? Can't hurt to have a referral.
Also, how exactly do they gauge how much they'd pay out? Is it based on a % of the total repair cost, or how much the car loses on trade in, or a % of the total value of the car? Because those are all very different things.
For example: If a car gets extremely slightly rear ended, and just needs a new bumper cover and paint job, that would run less than $2K. So if someone were pursuing a claim based on that, even if successful, would they only get a small percentage of the $2K repair? Because there wouldn't be worth the cost of even pursuing. However, that obviously is a much different figure than the realistic loss of value of a 911 with ANY accident report on the carfax. It could be a $500 repaint job, but if the carfax says "accident," in real life, it'll affect the value more than $500. So I'm wondering how insurance companies determine DV when going "by the book."
Also, they will indeed pay you for each day you don't have the car. From what I understand, it's easier to just pocket the rental car money (as long as you have another car) than it is to pursue "loss of use." Basically, they either pay for your rental or pay you the equal amount a rental would be.
#50
Racer
I handled many personal injury claims in my 30 years of practice here in California before quitting work 9 years ago to have more time for my hobbies.
Back in 2009, Insurance company would total the car when the repairs hit 60% of its value. There is always a risk of hidden damage showing up as they disassemble to car to begin repairs which will add to the cost . . . and add days or weeks to the rental car they are supplying while repairs are being done. That was here in California which continues to fight "diminished value" claims to this day.
With the driver's side wheel knocked out of alignment, there is a possibility that the unibody may be bent at the rear suspension mounting position . . . a proper jig would indicate that, but only after expensive disassembly.
Be nice to the insurance adjuster as they do have quite a bit of leeway, especially one assigned to a Porsche Turbo. With everyone else yelling at them, you "must" remain the one they like. They have the checkbook.
You can always lawyer up if gritting your teeth and being nice does not work to gain the adjuster's favor in your way.
If the Anchorage shop's estimate ends up with the insurance company totaling the car after they look at it and submit a more thorough repair estimate . . . might be the best $2,000 you spent to have it hauled to their shop.
Back in 2009, Insurance company would total the car when the repairs hit 60% of its value. There is always a risk of hidden damage showing up as they disassemble to car to begin repairs which will add to the cost . . . and add days or weeks to the rental car they are supplying while repairs are being done. That was here in California which continues to fight "diminished value" claims to this day.
With the driver's side wheel knocked out of alignment, there is a possibility that the unibody may be bent at the rear suspension mounting position . . . a proper jig would indicate that, but only after expensive disassembly.
Be nice to the insurance adjuster as they do have quite a bit of leeway, especially one assigned to a Porsche Turbo. With everyone else yelling at them, you "must" remain the one they like. They have the checkbook.
You can always lawyer up if gritting your teeth and being nice does not work to gain the adjuster's favor in your way.
If the Anchorage shop's estimate ends up with the insurance company totaling the car after they look at it and submit a more thorough repair estimate . . . might be the best $2,000 you spent to have it hauled to their shop.
#51
Rennlist Member
DV CLAIM
TJ
I went thru similar situation with 16 Cayenne TTS. Literally had my car 3 days and was struck by delivery truck at dealership. DV laws differ by state so I can’t comment on Alaska. I didn’t use a lawyer but my claim was different as I dealt with a large delivery company who farmed out all their claims to separate insurance adjuster. I had all repairs done at certified Porsche shop and I would emphasize the uniqueness of your car to who ever you are discussing with insurance company. This isn’t some Honda Civic they are dealing with regarding repairs. I would hold them accountable as I’m sure you have been a good customer for them. Once the estimate and all repairs were near completion is when I could negotiate the DV. Initially it was appalling the offer I received. I expressed my displeasure and then used a DV adjuster of my choice. The difference was nearly $20k. The short answer is it can be done but varies by state and circumstances. Insurance companies want to make it difficult. They basically try to come up with an absolutely low number using a formula based on a case in GA with State Farm. Search 17c. In your case, lawyer may be needed. PM me if I can help in any manner.
Good luck
Eric
I went thru similar situation with 16 Cayenne TTS. Literally had my car 3 days and was struck by delivery truck at dealership. DV laws differ by state so I can’t comment on Alaska. I didn’t use a lawyer but my claim was different as I dealt with a large delivery company who farmed out all their claims to separate insurance adjuster. I had all repairs done at certified Porsche shop and I would emphasize the uniqueness of your car to who ever you are discussing with insurance company. This isn’t some Honda Civic they are dealing with regarding repairs. I would hold them accountable as I’m sure you have been a good customer for them. Once the estimate and all repairs were near completion is when I could negotiate the DV. Initially it was appalling the offer I received. I expressed my displeasure and then used a DV adjuster of my choice. The difference was nearly $20k. The short answer is it can be done but varies by state and circumstances. Insurance companies want to make it difficult. They basically try to come up with an absolutely low number using a formula based on a case in GA with State Farm. Search 17c. In your case, lawyer may be needed. PM me if I can help in any manner.
Good luck
Eric
#52
Burning Brakes
Thread Starter
So this just keeps getting better and better. Ugggg.
Apparently the tow monkey that picked up the car from the first repair shop to the tow company's office took all the parts they had taken off out of the box they were in and put them in the back seats and passenger seat. They tow company guy that drove it from Fairbanks to Anchorage saw them there, but left them there for the entire ride down. All of the seats, and the side walls in the back are now damaged as well as grease on the head liner, pillars and sunroof liner. So now I have a separate claim with the tow company's insurance now.
Pictures from the repair shop in Anchorage when they got it.
-TJ
And some pictures from when I went to inspect it yesterday. These are not all of the damage pictures.
Apparently the tow monkey that picked up the car from the first repair shop to the tow company's office took all the parts they had taken off out of the box they were in and put them in the back seats and passenger seat. They tow company guy that drove it from Fairbanks to Anchorage saw them there, but left them there for the entire ride down. All of the seats, and the side walls in the back are now damaged as well as grease on the head liner, pillars and sunroof liner. So now I have a separate claim with the tow company's insurance now.
Pictures from the repair shop in Anchorage when they got it.
-TJ
And some pictures from when I went to inspect it yesterday. These are not all of the damage pictures.
#54
Burning Brakes
Wow, feel bad for you.
#55
Three Wheelin'
Wow. This thread makes me sick. I am so sorry this happened to you, and now you have to deal with it. Hopefully your car gets totaled: it will be the most time and effort-effiicient way of dealing with this.
How is it in America that people can drive around without insurance, without registration, or a valid license? Since when did operating a motor vehicle become a "right?". I was taken out while cycling by an uninsured, non-registered motorist a few years back. I broadsided her at 24mph when she rolled a stop sign, and I was lucky to superman the car and end up with only bad bruises and a broken hand. Had it been an SUV or van, I would have found out if my helmet was up to the task of saving my life while hitting the vehicle head-first at 24mph. Getting money from my insurance was a PITA, and I didn't even bother following up with her with a claim. She had no assets to speak of (but reeked of pot).
Why is it that the responsible 90% are always dealing with the irresponsible 10%'s mistakes? I am sometimes baffled at the society we live in, where people are willing to bend or break the rules to take advantage of everyone else who plays by civil society's rules.
How is it in America that people can drive around without insurance, without registration, or a valid license? Since when did operating a motor vehicle become a "right?". I was taken out while cycling by an uninsured, non-registered motorist a few years back. I broadsided her at 24mph when she rolled a stop sign, and I was lucky to superman the car and end up with only bad bruises and a broken hand. Had it been an SUV or van, I would have found out if my helmet was up to the task of saving my life while hitting the vehicle head-first at 24mph. Getting money from my insurance was a PITA, and I didn't even bother following up with her with a claim. She had no assets to speak of (but reeked of pot).
Why is it that the responsible 90% are always dealing with the irresponsible 10%'s mistakes? I am sometimes baffled at the society we live in, where people are willing to bend or break the rules to take advantage of everyone else who plays by civil society's rules.
#57
Nordschleife Master
Only three words - "wow, I'm sorry"
#59
Rennlist Member
Injury on injury. I wouldn't be able to deal with that in a sane manner. I hope it all works out for the best.