Jeff96-993

G/f's car was rear-ended, major damage. It's fixable, she's OK, just want her to get a proper settlement from the insurance company.

Other person was at fault. We're dealing with his insurance company. They'll pay to fix the car back to our expectations (good as new).

Car is at the body-shop of our choice. We plan to pursue a diminished value claim due to the accident. I'm assuming this is easier on a Porsche, while the g/f's car is a 2007 Scion Tc. Is there a basic calculation that the insurance company readily accepts?

I want to help her, but want to know what's reasonable before the negotiations start. I'll take any advice on a good starting point, or a good approach to getting to a starting point.

Thanks!

Slow Guy

In the first place most insurance cos. are going to claim they know nothing about diminished value. If that doesn't work they'll claim they don't pay for DV.

My suggestion, after the car is repaired get a Diminished Value appraisal from someone like
http://www.autoappraisal.com/.

Save all receipts for the repair work of course. Good luck.

JDHertz11

I started to look at this after I was hit in my DD about a year and a half ago. The big problem is that the insurance companies are very much protected from such suits. The law is on their side more than yours. Choose your battles wisely...

jimq

have a doctor put her in a neck brace then visit the insurance company about diminished value

Jeff96-993

Her neck is sore, but she'll likely be fine in a day or two. Her other bruises will heal, but her neck is what worries me the most. You just don't know. We'll see.

wellcraft290

good luck. You will never win

Jeff96-993

I'd like to understand why not? I've seen posts where it was paid. Why not here? It's a real issue, and a real loss.

I'm sure the insurance companies fight it, are you saying that the amount of time and $'s makes it not worth it?

Or is there a legal reason that keeps me from pursuing?

JDHertz11

Please do not get offended by this, but how much is a three you old Scion worth today? How much will the accident hurt it's value? Maybe a decent % of it's value, but what is that in real $ considering the low value of the car to begin with. My DD was a nearly new (6 months old) car with a $43K value at the time of the accident that received $23K worth of repairs. In my case it wasn't worth it but you feel free to decide your own situation...

Michael S.

The overall value of the Scion isn't the point... The fact is, his GF's car is worth less now that it's been hit, even if it is fixed to like-new condition. I think the insurance companies should have to pay residual value claims!

That said, I had an insurance adjuster explain to me that certain states simply do not allow such claims, SC being one of them... He did say that if I really wanted to pursue it, I could get a lawyer and file a suite against the at-fault party, but the cost/benefit equation simply didn't pan out... Unfortunately, your GF may be in the same boat...

Good luck to you!

call911s

I actually had a similar incident when I owned my 5 series. The insurance company claimed they didn't know anything about it, but I continued to harass them for close to 4 months as my car was being repaired. I had a friend pull an auction report, and sure enough, there was a similar 5 series with frame damage that went through (I had frame damage also). I showed the insurance company what it was worth wholesale, and they paid me the difference. In hindsight, not sure it was worth the work, but the money was certainly welcome for my next purchase.

2Many Cars

I have to agree with this line of reasoning. If there's frame damage that's one thing but a semi-serious fender bender that can be properly repaired is not a big deal on this car IMHO. Remember this is a Scion we're talking about and with all due respect to the owner, most potential buyers of used Scions probably won't even think to ask if it's been in a fender bender. As long as the damage wasn't major, diminished value will be tough to prove.

Not to get "preachy" but as I hear suggestions about feigning a soft tissue injury it makes me wonder why people are so surprised that our premiums keep going up.

goofballdeluxe

Good luck with a diminished value claim on a Scion. It'll never happen. It wouldn't happen on a Porsche either. What those above who tried to deter you said is true. The only way you're gonna recoup any additional monies from insurance companies, is if you were injured.

Jeff96-993

To all, thanks for the insights.

First, it's my g/f's car, and her financial situation is much different than any of us here. She has to manage her finances down to the penny, which she does quite well. If a diminished value claim is possible, and it doesn't cost her anything to pursue (except our time) then it's worth it to her to try. Even if it's only a few percent on a $10,000 car it's real money to her. When she goes to sell she'll take a loss, which she can't afford to do. The diminished value settlement would take care of that loss.

For all who joked about faking whiplash injuries, I took it as just that, a joke. Right now she does have a sore neck (expected if you saw the car), and we can only hope that disappears quickly. Other people have said that day two is the worst, and so far she's agreeing. She is more sore today. Maybe by Friday she'll be back to normal.

I'll be checking the Ohio laws today to verify if it's legal to pursue.

The car will go on the frame rack before any work is started. But based on the damage I'm expecting all the rear pick-up points are out.

soltino

Check the limits of Small Claims Court in your state.




tino

BufordTJ

If the rear pick-up points are out chances are it's a total. Then get ready for the low ball. I've had the same thing happen with my wife’s Camry after an accident. The Insurance Company wanted to give me 2000 less than trade-in value. They said it was true market value. I said fine the find me one with the same miles, same options, and no accidents. Just called their hand, and let them ponder it for a while. About two months and a heck of a fight we got Private Party value.
If it's worth the time then go for it!