Accident aftermath...what to do?
#1
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Accident aftermath...what to do?
Was out with my just-detailed triple black cab on a beautifully clear Saturday afternoon when the Chevy slammed into my right front corner. Turns out the college student Chevy driver was drunk (12:30 in the afternoon!) and didn't see the 20 mph speed limit, the four way stop, or me. Fortunately, no one seriously hurt.
I have owned the car since new, and it still shows (I should say, showed) as such, only 20K miles. Driven only in nice weather, always garaged, you know the story.
However, this is not to say that I didn't exercise the car. Ozark trips and local driver ed events saw to that.
Still talking to the insurance companies and don't yet know how they are going to handle it. The damage is not enough to total it (at least I don't think so), but it was a BIG hit that will require major structural and suspension work to repair.
At this point, I am not sure if I even want the car back. Even though I had no plans on selling the car, its resale value will take a hit, correct? Also, I don't think I will ever be comfortable running the car at speed again.
Would like to know how others have fared in similar situations.
I have owned the car since new, and it still shows (I should say, showed) as such, only 20K miles. Driven only in nice weather, always garaged, you know the story.
However, this is not to say that I didn't exercise the car. Ozark trips and local driver ed events saw to that.
Still talking to the insurance companies and don't yet know how they are going to handle it. The damage is not enough to total it (at least I don't think so), but it was a BIG hit that will require major structural and suspension work to repair.
At this point, I am not sure if I even want the car back. Even though I had no plans on selling the car, its resale value will take a hit, correct? Also, I don't think I will ever be comfortable running the car at speed again.
Would like to know how others have fared in similar situations.
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Ouch! I'm afraid I can't contribute on your questions, but I wanted to give my condolences. Always tragic to see bent metal, but especially on such a cherry car.
#3
Burning Brakes
Wow, that really sucks. I would make sure that you get a qualifies PORSCHE adjuster, make sure your insurance company understands that this is a P-car and not your everyday Chevette or Saturn. If it is going to be repaired make sure that factory parts and only factory parts are used. I would stand firm on your demands and dont settle for less.
Good Luck!!
Good Luck!!
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PFrank,
Recently visited a highly regarded body shop that had a Ferrari 360 Challenge car on a frame machine after the car suffered extremely heavy front end damage during a race. The car will be fine. It's difficult to find a truly exceptional body shop. If you do, the car can be made right. In fact, the paint may be better than the original.
Richard
Recently visited a highly regarded body shop that had a Ferrari 360 Challenge car on a frame machine after the car suffered extremely heavy front end damage during a race. The car will be fine. It's difficult to find a truly exceptional body shop. If you do, the car can be made right. In fact, the paint may be better than the original.
Richard
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For about $2K you could ship the car in a container to Porsche AG,Zuffenhausen. The firm Schenker Logisists handles the details.
The factory facility is called Werk One and they will repair your car to better than production spec's in every way. Ya get what ya pay for absolutly applies here. My '98 993 is there as we speak having a 3.8l engine up grade. Sorry to hear your of your misfortune, it'll get repaired as good as new.
The factory facility is called Werk One and they will repair your car to better than production spec's in every way. Ya get what ya pay for absolutly applies here. My '98 993 is there as we speak having a 3.8l engine up grade. Sorry to hear your of your misfortune, it'll get repaired as good as new.
#6
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Pfrank,
If the body shop knows what they are doing you can get you car back in as good of shape as it was prior to the accident. The front frame rails bend fairly easily but they are easily repairable. I would get them to change the suspension on both the front sides as putting new shocks on only one corner may make the car handle funny, might not be bad to have the front a-arm, upright, wheel bearing and ball joints replaced even if they don't look damaged as a precaution, since these are very important pieces. While you are at it ask for new shocks on all four corners. Look into filing a diminished value claim as this idiot not only damaged your car physically but also lowered the resale value anywhere from 10 to 25%. I doubt they will total the car but why not ask for it.
Greg
P.S. If you need a top notch body/frame shop I can recommend one in Cincinnati, he has done more frame work on Porsches than anybody in the tri state I can just about guarantee. (if you followed Rohr racing years ago he did all their cars and they managed to damage a few
If the body shop knows what they are doing you can get you car back in as good of shape as it was prior to the accident. The front frame rails bend fairly easily but they are easily repairable. I would get them to change the suspension on both the front sides as putting new shocks on only one corner may make the car handle funny, might not be bad to have the front a-arm, upright, wheel bearing and ball joints replaced even if they don't look damaged as a precaution, since these are very important pieces. While you are at it ask for new shocks on all four corners. Look into filing a diminished value claim as this idiot not only damaged your car physically but also lowered the resale value anywhere from 10 to 25%. I doubt they will total the car but why not ask for it.
Greg
P.S. If you need a top notch body/frame shop I can recommend one in Cincinnati, he has done more frame work on Porsches than anybody in the tri state I can just about guarantee. (if you followed Rohr racing years ago he did all their cars and they managed to damage a few
#7
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Sorry to hear about your accident, it sounds sound very close to mine last year, just no alcohol involved with mine.
http://p-car.com/wreck/scene.jpg
(http://p-car.com/booboo.html then page to my wreck for more)
Here is what I would recomend you do.
1. Get recommendations on the best repair facilities, ones who have done Porsches many times. I am in Springfield IL, 100 miles north of STL and the shop I used here is excellent. Everyone was impressed with the paint match of the Violet Chromaflair and the repair work.I have seen them take a BMW 740i completely crush from the windshield forward and "restore" it to perfect.
2. DO NOT let the insurance company tell you where to go, how it is to be repaired etc.
3. Inform the insurance compnay that you will be demanding Dimished Value. (I got $11,500)
4. Call and talk to the People at Plaza and Midtown about what your car was worth prior the accident and value once completely restored. This will give you an idea of the DV. If you persue there is more to tell about getting DV. I can write that later.
5. Be sure the car is completely checked out my the certified Porsche techs at Plaza/ Midtown. Or Even Ried Vann
6. Once the car is back and you have DV paid, seriously think about trading. We value our "toys" and a damaged one is never psychologically the same. Better to start over.
7. One route you might want to take is just having the insurance company buy the from you...
8. You might need a lawyer to put pressure on the insurance company...Were there any injuries? Even if your back is sore, arm injured... (I had a partial Rotator Cuff injury from mine. My left hand was gripping thte steering wheel ready to turn left, and the white car hit the front left tire and forced it to the right, thus turning the steering wheel and jerking my arm clockwise).
"INJURY" makes insurance companies jump, but you must have medical attention to documnet something did happen. You cannot just say you were hurt, there hs to be a medical document.
Let me know if you would like info. I was without my Millennium for 4 months. Traded it back in July.
The Millennium's replacement
http://p-car.com/wreck/scene.jpg
(http://p-car.com/booboo.html then page to my wreck for more)
Here is what I would recomend you do.
1. Get recommendations on the best repair facilities, ones who have done Porsches many times. I am in Springfield IL, 100 miles north of STL and the shop I used here is excellent. Everyone was impressed with the paint match of the Violet Chromaflair and the repair work.I have seen them take a BMW 740i completely crush from the windshield forward and "restore" it to perfect.
2. DO NOT let the insurance company tell you where to go, how it is to be repaired etc.
3. Inform the insurance compnay that you will be demanding Dimished Value. (I got $11,500)
4. Call and talk to the People at Plaza and Midtown about what your car was worth prior the accident and value once completely restored. This will give you an idea of the DV. If you persue there is more to tell about getting DV. I can write that later.
5. Be sure the car is completely checked out my the certified Porsche techs at Plaza/ Midtown. Or Even Ried Vann
6. Once the car is back and you have DV paid, seriously think about trading. We value our "toys" and a damaged one is never psychologically the same. Better to start over.
7. One route you might want to take is just having the insurance company buy the from you...
8. You might need a lawyer to put pressure on the insurance company...Were there any injuries? Even if your back is sore, arm injured... (I had a partial Rotator Cuff injury from mine. My left hand was gripping thte steering wheel ready to turn left, and the white car hit the front left tire and forced it to the right, thus turning the steering wheel and jerking my arm clockwise).
"INJURY" makes insurance companies jump, but you must have medical attention to documnet something did happen. You cannot just say you were hurt, there hs to be a medical document.
Let me know if you would like info. I was without my Millennium for 4 months. Traded it back in July.
The Millennium's replacement
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#8
Haiku Grasshoppa
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Don't forget about "loss of use". What does a 993 rent for? It's got to be at least a couple hundred a day (to be paid to you for the entire duration you are without use of your car).
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As Felker said. You should be able to recoup the depreciation from the insurance company. It depends on your state's insurance laws but in South Carolina you're insured again financial loss resulting from an accident. I was hit years ago in a 240Z and after it was repaired I got it appraised. I asked the appraiser to give me two appraisals. One as it was repaired and the other as if it had not been wrecked. The difference was $2,500. The insurance company tried to fight it but I requested an arbitration board review of the claim and they awarded me the $2,500. A letter to the state insurance commisoner also made it happen quickly. Insurance companies don't like the commisioner hearing bad things about them because the IC controls who sells insurance in the state.
#10
Mr. Schneider,
If you don't mind me asking, what is the ballpark cost of a 3.8L upgrade from Porsche AG,Zuffenhausen? I'd like one of those as well. I've been quoted "just under $40k" from my local (very reputable) Porsche engine specialist, (a.k.a. J.W.E.) in Campbell, CA. This upgrade includes a few special items like Carillo rods, etc. so maybe it's a bit more... Just curious.
Thanks in advance,
MC
If you don't mind me asking, what is the ballpark cost of a 3.8L upgrade from Porsche AG,Zuffenhausen? I'd like one of those as well. I've been quoted "just under $40k" from my local (very reputable) Porsche engine specialist, (a.k.a. J.W.E.) in Campbell, CA. This upgrade includes a few special items like Carillo rods, etc. so maybe it's a bit more... Just curious.
Thanks in advance,
MC
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PFrank
I'm sorry to see this happen. Whatever you do, make sure that the body shop has a digital measurement system. Also, there are alot of shops that say they have it but they don't use it. Make sure you ask them to pull up a previous 993 that has been stored on the computers hard drive, this will be a good time for them to explain the system also show them that you are a concerned and informed customer. Again ask them to show you the car and initial measurements prior to any pulling. Good luck
I'm sorry to see this happen. Whatever you do, make sure that the body shop has a digital measurement system. Also, there are alot of shops that say they have it but they don't use it. Make sure you ask them to pull up a previous 993 that has been stored on the computers hard drive, this will be a good time for them to explain the system also show them that you are a concerned and informed customer. Again ask them to show you the car and initial measurements prior to any pulling. Good luck
#12
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I can empathize with what you're feeling. Unfortunately, the accident trauma may be followed by another in trying to be made whole.
Generally, in Missouri (the same as many other states) recoverable damages are the diminished value (DV) resulting from the collision - determined by pre less post-collision fair market value (FMV). It is NOT necessarily limited to the repair cost. Generally, you can't recover consequential damages, such as loss of personal use. If you collect under your collision coverage, your policy sets out the measure of liability - usually the cost to repair to pre-collision condition. Push comes to shove, the repair cost, pre FMV and post FMV are all questions determined by a judge/jury based on evidence. That evidence is usually testimony by an expert witness. A Porsche dealer's (or high end independent) used car buyer would likely qualify. There are also "professional expert witnesses" available for hire. An insurance company will evaluate its potential risk at trial in determining its settlement position. That risk assessment will weigh your expected evidence, any personal injury exposure, costs of litigation, etc.
If you are serious about trying to recover DV in excess of repair cost, you should consult an experienced attorney.
A major factor in what lies ahead for you is which company insures you (for a collision/underinsured claim) or insures the other driver (if s/he was at fault).
Good luck in your quest for justice.
Generally, in Missouri (the same as many other states) recoverable damages are the diminished value (DV) resulting from the collision - determined by pre less post-collision fair market value (FMV). It is NOT necessarily limited to the repair cost. Generally, you can't recover consequential damages, such as loss of personal use. If you collect under your collision coverage, your policy sets out the measure of liability - usually the cost to repair to pre-collision condition. Push comes to shove, the repair cost, pre FMV and post FMV are all questions determined by a judge/jury based on evidence. That evidence is usually testimony by an expert witness. A Porsche dealer's (or high end independent) used car buyer would likely qualify. There are also "professional expert witnesses" available for hire. An insurance company will evaluate its potential risk at trial in determining its settlement position. That risk assessment will weigh your expected evidence, any personal injury exposure, costs of litigation, etc.
If you are serious about trying to recover DV in excess of repair cost, you should consult an experienced attorney.
A major factor in what lies ahead for you is which company insures you (for a collision/underinsured claim) or insures the other driver (if s/he was at fault).
Good luck in your quest for justice.
#13
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I am very sorry for your loss and glad that no one was hurt.
But what I don't understand is why your insurance company is not trying to get everything you want from the other insurance company. I thought you should not be involved at all since it was not your fault. Furthermore, is there not some recourse for you to go after his insurance company with the law on your side since he was drunk. Hell, why not go after him personally? I am not an advocate for generic frivolous lawsuits (**** me off), but this one seems pretty cut and dry. Make him learn his lesson - not just by lack of driving priveledges for a while, but financially. Is that not what insurance is for? Wouldn't you in effect be suing his insurance?
Just rambling here and would love to hear from a lawyer. I know if my car were damamged in an accident, I might be pissed, but if the guy ran a stop sign, was speeding and DRUNK fuggetabotit! Sorry Charlie, but you picked the wrong day to drive drink and hit me.
E. J.
But what I don't understand is why your insurance company is not trying to get everything you want from the other insurance company. I thought you should not be involved at all since it was not your fault. Furthermore, is there not some recourse for you to go after his insurance company with the law on your side since he was drunk. Hell, why not go after him personally? I am not an advocate for generic frivolous lawsuits (**** me off), but this one seems pretty cut and dry. Make him learn his lesson - not just by lack of driving priveledges for a while, but financially. Is that not what insurance is for? Wouldn't you in effect be suing his insurance?
Just rambling here and would love to hear from a lawyer. I know if my car were damamged in an accident, I might be pissed, but if the guy ran a stop sign, was speeding and DRUNK fuggetabotit! Sorry Charlie, but you picked the wrong day to drive drink and hit me.
E. J.
#14
Nordschleife Master
Pfrank,
Sorry to hear about your loss. My best friend owns a top notch body shop where I live so I've had the pleasure of watching him over the years repair many hugh wrecks from BMW, Porsche, Corvette, etc. I purchased a totalled 88 Corvette where the engine was sitting crooked in the engine compartment. I watched him section a whole different front frame rail, etc. I drove the car for 5 years and beat it to death. It was perfect and sold it when I was done with it. No one ever asked if it was in an accident and I never told. It comes down to the shop. It has to be an exceptional shop to be fixed correctly. I am interested in the DV side of it with the insurance company. I never knew about that.
Sorry to hear about your loss. My best friend owns a top notch body shop where I live so I've had the pleasure of watching him over the years repair many hugh wrecks from BMW, Porsche, Corvette, etc. I purchased a totalled 88 Corvette where the engine was sitting crooked in the engine compartment. I watched him section a whole different front frame rail, etc. I drove the car for 5 years and beat it to death. It was perfect and sold it when I was done with it. No one ever asked if it was in an accident and I never told. It comes down to the shop. It has to be an exceptional shop to be fixed correctly. I am interested in the DV side of it with the insurance company. I never knew about that.
#15
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Hi PFrank:
Glad you are unhurt, but sorry for your loss--and the aggravation you are about to endure dealing with the insurance "machine."
I, unfortunately, had a similar life experience a few years ago (minus the drunk driver) in a 97 Carrera.
Dan is spot on--much of this depends on the insurance co's involved, the other party's company mainly. It is almost a sure thing they will fight a DV claim, particularly after they've spent $20K plus to repair your car. You must ask for it in writing, nonetheless. Felker's case was probably unusual since his car was brand new--also they tend to settle quickly when alcohol and injuries are involved. Buck too is right--state Ins Commisioners often set the tone for how your case is handled--start writing letters!
Each case is unique--on a BMW I was paid 10% **of the claim $ ** by State Farm, held out and got 15%. Now SF is leading a national charge to dispute DV at all. See link below.
Other comments:
1. You choose the shop, only Porsche parts--most companies won't fight this on a P-car
2. Get/put everything in writing--don't waste time negotiating on the phone with the other driver's ins co. They can (and do) say anything, but cannot be held to it!
You will likely end up subrogating the claim (your company fixes the car and sues their's for the $)
3. You won't get reimbursed for daily rental of a P-car. You will recoup (after a settlement) a reasonable daily fee (i.e. $25/day) for rental car. I leased an E36 M3 for $600 per month during the 6 months it took to repair my car correctly.
4. "When at fault, delay, delay, delay" Ins co's understand time value of money very well...expect them to delay payment and hope you go away (my claim went on 2 years, with State Farm doing everything possible to ignore me and drag the process out. They lost in arbitration, and the delays began anew. The statute of limitations is their game!)
4. Read any disclaimers on a check stub before cashing any check from any insurance co. They will put a clause on the check that, by signing and cashing, could limit your ability to collect additional $!! (amazing how these people sleep at night)
5. Do your homework and consider an attorney (adds significant $ and will likely lead to a trial). Document everything! Both your company and theirs are armed to the teeth with people who don't want you to get full $ for your loss.
Your best course of action is really a civil suit directly against the guy who hit you (the "tort feasor"). Sue him directly to force his insurance company to pay you for your full loss (need complete documentation here!, particularly DV), or they face a breach of contract suit from him. I think there is a 2 year statute of limitations.
See these sites for more information.
Wreck check--great write up!
DV FAQ
You *can* get all the $ you have coming, but it is a long and arduous process. I chose to (as the insurance companies were betting) cut my losses and give up on a DV claim, sell the car, and chalk it up to learning.
You may get lucky and have much better results. (If State Farm is involved, though ...)
Best of luck! Email me for more information.
Chris C Atlanta
98 993 S
DISCLAIMER--This is not legal advice--I am not an attorney, but I did speak at length with 2 during my ordeal.
Glad you are unhurt, but sorry for your loss--and the aggravation you are about to endure dealing with the insurance "machine."
I, unfortunately, had a similar life experience a few years ago (minus the drunk driver) in a 97 Carrera.
Dan is spot on--much of this depends on the insurance co's involved, the other party's company mainly. It is almost a sure thing they will fight a DV claim, particularly after they've spent $20K plus to repair your car. You must ask for it in writing, nonetheless. Felker's case was probably unusual since his car was brand new--also they tend to settle quickly when alcohol and injuries are involved. Buck too is right--state Ins Commisioners often set the tone for how your case is handled--start writing letters!
Each case is unique--on a BMW I was paid 10% **of the claim $ ** by State Farm, held out and got 15%. Now SF is leading a national charge to dispute DV at all. See link below.
Other comments:
1. You choose the shop, only Porsche parts--most companies won't fight this on a P-car
2. Get/put everything in writing--don't waste time negotiating on the phone with the other driver's ins co. They can (and do) say anything, but cannot be held to it!
You will likely end up subrogating the claim (your company fixes the car and sues their's for the $)
3. You won't get reimbursed for daily rental of a P-car. You will recoup (after a settlement) a reasonable daily fee (i.e. $25/day) for rental car. I leased an E36 M3 for $600 per month during the 6 months it took to repair my car correctly.
4. "When at fault, delay, delay, delay" Ins co's understand time value of money very well...expect them to delay payment and hope you go away (my claim went on 2 years, with State Farm doing everything possible to ignore me and drag the process out. They lost in arbitration, and the delays began anew. The statute of limitations is their game!)
4. Read any disclaimers on a check stub before cashing any check from any insurance co. They will put a clause on the check that, by signing and cashing, could limit your ability to collect additional $!! (amazing how these people sleep at night)
5. Do your homework and consider an attorney (adds significant $ and will likely lead to a trial). Document everything! Both your company and theirs are armed to the teeth with people who don't want you to get full $ for your loss.
Your best course of action is really a civil suit directly against the guy who hit you (the "tort feasor"). Sue him directly to force his insurance company to pay you for your full loss (need complete documentation here!, particularly DV), or they face a breach of contract suit from him. I think there is a 2 year statute of limitations.
See these sites for more information.
Wreck check--great write up!
DV FAQ
You *can* get all the $ you have coming, but it is a long and arduous process. I chose to (as the insurance companies were betting) cut my losses and give up on a DV claim, sell the car, and chalk it up to learning.
You may get lucky and have much better results. (If State Farm is involved, though ...)
Best of luck! Email me for more information.
Chris C Atlanta
98 993 S
DISCLAIMER--This is not legal advice--I am not an attorney, but I did speak at length with 2 during my ordeal.