soundmike

iTrader: (24)

First of all i'd like to give a big "THANK YOU" to all who responded in my last two threads requesting for help and suggestions on what to do after the accident. Your opinions are all gladly appreciated

Now for some updates:

Me and my fiance are doing a lot better now. We still have a bit of therapy to go through however. But we're alive and that's what's important.

I finally got the accident report and thankfully the other party had insurance. He was definitely driving a 2002 Gold Sentra and from what the report says, it's not my fault so i'm in the clear.

As for the Max. I brought it in for repairs last week. Unfortunately for me the claims adjuster that came out was a newbie and only looked at the bumper and assessed $2k in damages. Apparently she was afraid to write anything else until her manager approves of it.

More bad news. The damage to the Max was much more than anyone thought. Apparently the entire floor board (e.g. trunk) needs to be cut out and replaced. The frame damage is also a bit more severe than what was initially estimated.

Good news is the shop can and have filed for supplemental claims. Bringing the total damage cost to almost $7 as of today. Pretty big amount but not big enough for the cut-off to consider the Max totalled.

The shop guys told me once they straighten out the frame that the rear doors will go back in place and will be able to open and close them. Somehow, that just worries me though.

I know it'll probably never be the same again, but i hope the Max will be good as new when this is all said and done.

jjs

Good to hear you are doing better!!

Question: As part of that $7K, does that include any claim for diminished value on the car since resale will suffer due to the accident? If not, maybe that amount in addition to the current $$$ might push it to the 'totalled' mark. Just a thought.

soundmike

iTrader: (24)

Hmm... good point. That amount is just the cost to fix the car up, nothing else.

I'm not sure how this whole thing would work now though since the repairs are going through my insurance (which will subrogate later on). And apparently diminished values can only be claimed from the other party's insurance.

I'll ask around though. Seems like my lawyer doesn't like the idea of "Diminished value claims" for some reason. Methinks it's a sign i should get another lawyer - he didn't even understand what that claim meant. ???

maximamaybe

You should be able to get some money for that atleast. It is a 1 year old car. They owe you something for that IMO.

jjs

I would get someone who knows what they are doing. It is one thing to not 'feel like' doing them...totally another to not know what they are.

In any case, even though your insurance is involved, the cost will be gotten from the other party's insurance anyhow, therefor I don't see where the value claim is a problem. Pretty much you claim your insurance, then your insurance claims on theirs (more or less).

I could be wrong, but that car will never be the same and I would hate to have you stuck with it if just a few questions and pieces of paper might get it totalled for you.

soundmike

iTrader: (24)

I talked to my insurance and basically all they said was that one can only claim diminished values from the other persons insurance company. I see both your points and i'm under the impression it's that simple. Apparently it's not.

This is getting too complicated, i wanna get on with my life

Padsy

iTrader: (1)

Dern Mike....I'm glad to hear you guys are ok. I did'nt even know about the accident.

soundmike

iTrader: (24)

Thanks, glad to be (relatively) okay

Here's a link to my post + pics.
http://forums.maxima.org/showthread....hreadid=222398

jjs

At the risk of beating this to death, you may want to read...

http://www.tdi.state.tx.us/commish/b.../b-0027-0.html

and give them a call to bounce your situation off them...

couldn't hurt.

soundmike

iTrader: (24)

Interesting. I'll definitely give them a call and ask about this whole DV claim issue. Thanks for the link!

jjs

No prob, bud!!! Good luck!!

soundmike

iTrader: (24)

Thanks. I need it

On another note, i just talked to my lawyer... he keeps insisting that "Diminished Value's" are built-in to the repair quote and that the insurance company is not obliged to pay for it if the vehicle is restored to it's previous state.

However, that link you sent seems to disagree with it. Makes me wonder...

Padsy

iTrader: (1)

Geeeeezzzzz.

Thats aweful. I'm glad you're quasi ok though.

Maximax2

Mike:

Think about it - first, if diminished value is built into the repair quote, wouldn't you be getting a check as part of it (you're taking the hit, not the insurance co)? Second, "not obliged to pay for it if the vehicle is restored to it's previous state?" The problem is when you sell the car and someone asks "has it been wrecked?" "yes" "how bad?..." I have no idea what the law actually states, and with everything you have going on it's tough to tackle this too, but...

I've heard that if you scream enough, the insurance company WILL total the car, but don't know if that's really true.

One other thing - you should be even MORE concerned about the fact that your attorney contradicted himself:

"It's included in the repair quote" = they're paying it.
"not obliged to pay for it" = they're not paying it...



Good luck! It's always a hassle dealing with something like this. Glad you're feeling better.

Bluesbrekr

iTrader: (4)

Hey Mike,

I'd sure research the DV more. When you sell the car, someone will do a CarFax on it and it will show the accident. Now, no one can tell me a buyer will fork over full retail price for a car that has had that much damage...even if it has been 'restored' to it's previous state.

I think you should recieve some additional compensation or they should write it off as totaled. Just my $.02.