Anyone have experience getting an insurance company to total a car to pay actual replacement value when it's not your fault?

Guy ran a red light, almost killed a guy on a motorcycle... 100% his fault, no one denied that (him included).

Front end of my car is smashed up, cross beam is bent, quarter panels are a little crumpled... car is drivable tho.

We all know how much a car is NOT worth after an accident. Most guys wont even touch a car that has an accident reported... I have my car for sale. With it being in an accident, I'll be lucky to get close to what I know it's worth. Has anyone had any luck getting their cars totalled or been given a check to cover the difference? We both share the same insurance company, so hopefully, it's easier to get this adjusted/fixed...

...any words of wisdom or free advice?

 

Some states you can go after diminished value (loss of value) if they decide to fix your car instead of totaling it.

 

I was in nearly the same predicament many years ago, but it was a chick who turned left into the side of my car totaling it. We had the same insurance company, so no deductible, tho she didn't have collision on her old hoopty.
The amount the insurance (Farmers) wanted to settle for was a couple thousand less than what I had just paid for the car. I ended up in small claims and won a judgement against the chick, she had to pay the difference between the insurance payment and the cost of not a NEW car, but one similar. Once she paid (took her four months to do so) I used her payment and the insurance money and got another one.

Sad to hear your story and good luck on whatever happens.

 

I don't have hands on experience but I do believe you can take "diminished value" into account in most states.

 

This is true. And that is after they have to return the car to new condition. So basically don't accept anything less than perfection and still go after diminished value. In most cities you can also get diminished value appraisers who can provide an estimate you can share with your insurance company.

 

Diminished claim. Thanks! There were two appeals court cases in Florida about diminished claims.

Sooooo pissed off right now.

 

This is most likely false, though it is important to know that auto insurance varies wildly state be state.

IF the car is not totaled, then most auto policy language states the insurer is only obligated to "repair the damaged property with other property of like and kind quality". The precise interpretation of like and kind quality has been widely debated and argued in a multitude of court cases with many varied outcomes. Suffice to say, the insurance company will have a much different view of "like and kind quality" than will the owner of a brand new high-performance sports car.

Whether or not you can make a claim for "inherent diminished value" will also depend on a number of factors. IF the other party is clearly at fault, and if the other party has adequate coverage limits to pay the full cost of repairs, and still has additional coverage available to also pay your claim for diminished value, then you may have a chance at compensation for DV, though you will likely have to apply significant pressure on the carrier to prevail. In this instance, the fact you both have the same carrier works against you. Your carrier is not going work very hard to press a claim against itself.

If the at fault driver does not have adequate coverage, any claim for diminished value becomes more tenuous, as now you enter what is called a 1st party claim against your own policy, as opposed to a 3rd party claim against the other drivers policy. The difference... Your policy may specifically exclude DV? You will need to obtain a read the entire policy. A quick check shows that Florida is a state that is not DV friendly.

Your best bet is to get the vehicle totaled, however the estimated cost of repairs will need to be around 70% of the market value of the vehicle before the accident to qualify as a total loss. This threshold again varies by state. If not, you might still get the car classified as a total loss if there is any structural damage that a Jaguar Factory Authorized Structural Analyst deems unsafe or unfit to repair or replace. The fact your car is drivable suggests this is not likely.

Getting his or your insurance to write a check for a total loss if the car is not totaled is again, not very likely. Getting them to write a check for the difference between the price you might get upon sale and the true market value, will depend on your ability and resolve to navigate the insurance industry black hole, known as diminished value.

Question, are you selling the car unrepaired?
If so, the insurance company is still obligated to write you a check for the cost of repairs, even if you don't have the repairs performed.

I know this all too well cause I'm in a very similar position. Was t-boned at the passenger side door, 4 days before Christmas, by a driver who ran a red light and still traveling over 30mph. Driver had insurance papers, but his carrier has denied coverage. Repairs estimated at 30K by Jaguar Factory Arthorized Structural Aluminum repair facility. Had F-Type Coupe "R" for 2 weeks. 590 miles.

My carrier, Farmers, wants to send me down the road after paying the cost of repairs only, and not a penny more for my loss. California insurers are permitted to exclude DV from coverage, as my policy clearly states. SUCKS!
Approximatly 20 states have litigagated and/or legislated to force insurance carriers to include Diminished Value as a valid component of coverage.

 

You van get as much as 15k. Get your insurance involved as they can advise you

 

I'm already paying plenty for insurance, but I've never noticed if there's optional replacement-cost coverage like there is with home insurance. Also, I've never checked out Hagerty, but they say they'll pay the full value of your classic/collector car. But it can't be a daily driver.
Insurance Qualifications for Collector Truck, Vintage Motorcycle, Antique Boat, Classic Car Insurance | Hagerty

 

When the car is brand new to start with, then like and kind quality means it should look like it did before the accident. I have discussed this with clients of mine in the auto insurance business and they would say the same thing.

One of my cars was rear-ended a while back and when the factory authorized bodyshop repainted it, it had a piece of trash in the paint. The bodyshop didn't want to repaint it but I called the adjuster and he made them strip it and redo it. He told me the finish and color match have to be perfect.

 

Sorry to hear that, but at least you are OK.

You might be interested in Jon's adventures with diminished value claims.


https://www.jaguarforums.com/forum/s...t-today-21898/

https://www.jaguarforums.com/forum/x...-today-118681/

 

Mike,

Sorry to hear about your car. Are you using European Motor Car Works in Santa Ana for your repairs? I used them to fix my F-type after McLaren Auto Body screwed it up twice (the shop JLR-NB normally uses). European does excellent work

European Motor Car Works Inc - Santa Ana, CA | Yelp

 

Sorry about your car.

I was almost the victim of a 4 car pileup a few minutes ago. I was in the left hand turn lane. Two other lanes of stopped traffic to my right. Suddenly a heard a loud crunch, then another crunch then saw the car beside me lurch sideways and hit the car in front of it before coming to a stop. His front end stopped about a foot from my front side. The car behind him came to a rest about 2 feet from my backend. Some idiot just rear-ended the car behind him at a considerable speed.

Stay frosty out there!

 

I am in the auto collision repair business in Il. and have never seen anyone collect diminished value. That isn't to say it doesn't happen. Could you imagine insurance companies paying for diminished value on most or all claims? That is a precedent they would defend vigorously. A brand new Ferrari 458 yes.There would probably be 50k .My $105k F Type now worth $75k maybe 10k less if bad carfax. Probably not worth the attorneys fees.

 

Sorry to hear. I am currently going through small claims court to get the insurance company for diminished value. My 2014 Volvo SUV was 3 months old 1,200 miles guy pulled in front of me. It was his fault and he admitted it to the insurance company. Had to fight them tooth and nail. Liberty Mutual, fixed the car after going through my insurance company. Airbags and frame damage. It also depends on the state. Good luck.