well that didn't take long, damn kids and their flipping phones

[bubbaG80Sport]

State Farm is my insurance company and they told me that i have to get diminished value from his company and it is covered under the liability coverage, State Farm will repair my car under my coverage but they don’t include diminished value, and they will seek reimbursement from his insurance for the property damage.


His max property is $5,000 which won’t even cover the damages. My agent figured the dismissed value using their formula at $4495. Repairs and dismissed value will equal $12,000, so my only option is to sue the kid in small claims for anything above his coverage.

I was in a similar position 25+ years ago. A negligent driver ran into my 1983 Honda Accord with 75K miles and totaled it. Book value was $3,500 and the drivers insurance would only give me $2,500. I only carried liability insurance on my car. Value of car and being a working college student living from pay check to pay check, it didn’t make sense to carry collision.

I sued the drive/insurance company. $50 to file in small claim court. 3 trips to courthouse, 1st to file, driver no show at first court date and finally rescheduled court date. I represented myself. The accused was not present, but 3 lawyers from the insurance company were there. I presented quotes and “blue-book” values. Case was over in 10 minutes and ruled in my favor, being paid my asking $3,500 (+$50 filing fee) 1 month later. 6 months of frustration, but I felt vindicated.

Today, my time is more important than money, I’d bank my head against the wall, have a stiff drink, complain life is a b!tch and move on.

I empathize with your situation. Best of luck!

 

[Mr. Incredible]

I could be wrong but I think you can only sue for losses you incurred. Since your company will be paying for the repair, you are only "out" the diminished value and any deductible. His coverage will not come into play as you are going after him directly, that would be between your company and his.

The “loss” I incurred would be the diminished value, and under CA state law I have up to 3 years after the accident to sue for it and I can sue the other party directly if his insurance doesn’t pay it. CA has specific diminished value laws that allow me to recover. If I can convince his insurance to pay it along with the repairs great, if not I can go after him directly if I choose.

Damages and deductible would be pursued by my insurance. I come first according to CA state law, so if the damages are $7,000 and his insurance only covers $5,000. My insurance gets $4,000 and I get $1,000 and then State Farm has the right to sue the party directly for the difference as well.

Since the car and insurance were both in his fathers name and he was an authorized driver, I can legally go after his father’s assets as well. So there are a few avenues I can pursue.

Waiting to see what his insurance offers, they are coming out tomorrow to do their estimate and I will hand them the diminished value report my agent did for me.

 

[EdP]

Since the car and insurance were both in his fathers name and he was an authorized driver, I can legally go after his father’s assets as well. So there are a few avenues I can pursue.

That can make a huge difference. Good luck, hope he has assets, or a least a job

 

[Mr. Incredible]

well FINALLY my rear bumper came in.

I took the car in 3 weeks ago for this repair, but the bumper was on back order, so they told me to keep the car and wait for it to come in.

got the call today, bumper is in, so dropped the G80 off for the repair. the shop said to expect 2-3 weeks because of the replacement spare tire well.. fun fun..


so I'm hot rodding it for a few weeks, don't want to fork out money for a rental and I don't get to drive my '39 very much.. going to miss all the technology, I guess manual steering and a carbureted motor will make me appreciate the G80 more when I get it back,

 

[EdP]

well FINALLY my rear bumper came in.

I took the car in 3 weeks ago for this repair, but the bumper was on back order, so they told me to keep the car and wait for it to come in.

got the call today, bumper is in, so dropped the G80 off for the repair. the shop said to expect 2-3 weeks because of the replacement spare tire well.. fun fun..


so I'm hot rodding it for a few weeks, don't want to fork out money for a rental and I don't get to drive my '39 very much.. going to miss all the technology, I guess manual steering and a carbureted motor will make me appreciate the G80 more when I get it back,

About time. Mine was in the shop 19 days, no welding required. My insurance pays $30 a day for a rental butI wanted more than a scooter so it still cost a few bucks.

 

[Mr. Incredible]

About time. Mine was in the shop 19 days, no welding required. My insurance pays $30 a day for a rental butI wanted more than a scooter so it still cost a few bucks.

yeah I have rental coverage, it pays 80% and if I go through Hertz I can get a higher end Lux for about $15-$25 a day, as State Farm has a contract with Hertz.

body shop says 2-3 weeks, so I'll bank on a month easy, been in the business too long and I know better. so that's $500-$700 for a rental that I don't see the value in since I have the other car.

however, if it does go past 2.5-3 weeks I will take the rental, as I am only allowed 3,000 miles a year on the Hot Rod through classic car insurance, and I don't want to go over that limit, as the rate more than doubles from $400 a year to $1100 PLUS I lose the appraised value coverage and go back to market value coverage.

the difference being the appraised value (specialty and historical vehicle) is $70K the market value (KBB) is $18K makes a difference.

Plus if it rains I'm kind of screwed as the Hot Rod doesn't have wipers. lol.

 

[Mr. Incredible]

been a long time since I've had body work done for a vehicle accident.

the State Farm and Genesis Approved shop I choose has SMS updates. I just received a text telling me the status of the repair, showing additional damage found after the tear down (pics included), and an updated quote. All I have to do is approve It via their link in the SMS to continue the work.

I remember the days where I had to do into the shop to approve the additional work.

they even included a pictures of the additional damage, the tear down and all the parts and an expected completion date in their service link.

 

[Mr. Incredible]

Well the new estimate is in after the tear down. Original estimate was $5022.71. New estimate is $11,371.98.

60% of that being labor.

The damage extends into the trunk, the spare tire well, as well as the actual metal bumper, all sub parts, the fascia, mufflers, cross members, sensors, wiring, etc.

Estimate of 2 weeks went to 4-5 weeks as other parts are on back order.

 

[EdP]

Well the new estimate is in after the gear down. Original estimate was $5022.71. New estimate is $11,371.98.

60% of that being labor.

The damage extends into the trunk, the spare tire well, and well as the actual metal bumper, all sub parts, the fascia, mufflers, cross members, sensors, wiring, etc.

Estimate of 2 weeks went to 4-5 weeks as other parts are on back order.

One insurance company has been advertising "I just sent them a photo and they sent me a check" Yeah, sure.

 

[Spanky61]

LOL! . That will be the day!

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[Mr. Incredible]

One insurance company has been advertising "I just sent them a photo and they sent me a check" Yeah, sure.

I could’ve taken the original estimate from his insurance which was $1,600 ish. Covered only what they could physically see when they drove up to the car. The claims woman never even got out of her truck, she pulled in front of my house took some pictures and left. They mailed me the estimate.

Pictures and check right there. I laughed at them when they called, told them I would let my insurance cover it and sue them for the difference.

 

[Mr. Incredible]

ugh,

so I thought I would save a few buck on a rental car and just drive my hot rod while the G80 is getting repaired.


well.....


dropped the drive shaft on it Friday, u-joint blew apart. luckily it did it while I was idling and not at highway speed. so now both cars are done and the '39 is going to cost me a few hundred to repair.


life just keep getting better.

 

[Spanky61]

Sorry, Mr. I. Sometimes when it rains, it pours. I feel for you, truly.

 

[Michael_V]

Mr. I, I feel your pain. Sitting at a red light a 20-something was the cause of this. Car totaled. The cop said it was the third such accident that morning and it was only 10:00AM. The car can be replaced, I'm glad you're OK.