chrissy

hey all, posted a thread not too long ago about getting out of my lease and I think my prayer may have been answered. I got in an accident last wednesday (other persons fault) but car may be totalled. The value on my car is $21,000 and so far the damage is up to $15,000 and some change but the adjuster says they don't think that they are going to total it which I plan to fight all the way cause the car is destroyed. She bounced off the front of my car and then spun around and nailed the back pretty much destroying the back axle or however you spell it. Just hope that I don't have to get back into this thing because I don't want to paying the amount that I am paying now a month for a car payment that's not even worth crap now. Keep your fingers crossed for me guys.

Sincity

Who is your insurance carrier? Going with the numbers you posted and assuming tax is around 7%, your car is not a total. Unless, your state has a law mandating a total loss at a certain percentage or if certain parts of the car is damaged. Post pics.

electromethod

good luck girl. I got my car back recently from the "best" body shop in orlando and they were nice guys but the repair wasn't good as new. The paint shows when you open the trunk and you can see a seam between the two different coats. Plus my trunk received a DEEP scratch which was buffed out to cover it up when i received my car back. Sigh... you win some and you lose some. Don't take it to their body shops... take it to one that you like. Make sure the estimate is JACKED up . lol..... remember... it's a new car so it has to be repaired with ALL new parts. get it in writing from beginning and request an invoice at end ( not that the invoice does any good) if you get stuck repairing it.

In my case, I don't plan on taking my car back because it will only get messed around with more. Stupid drivers should be beaten silly. Especially stupid ones like the girl that hit me . No drivers license, insurance card, or registration in her car. *venting*
Good luck and stick it to them!

chrissy

my insurance is through Nationwide. the lady that hit me was driving an '84 corrolla ( nice huh ) she was cited for the accident and I have lots of witnesses to take to court with me cause I am suing her for damages. i just don't want to get back into this car cause I know it's never going to be the same with the frame damage and the axle being busted. I'm so pissed off right now!!!

Sincity

Chrissy,

You may want to check with the Department Of Insurance for your state on something called "Diminshed Value". Basically, it is something you get back if your car is repaired (not totalled) because the value has "diminshed". This is a state-by-state law. has the "at fault" insurance company looked at your car yet? Because the estimate is at a preliminary stage and they need to "tear down" to get all of the damages. The other insurance company also owes you "Loss Of Use". When they factor all the damages after tear down, rental, diminshed value (if applicable) they may want to reconsider. Your insurance company may not factor in rental since you may or may not have it on your policy. But the "At Fault" insurance company has to consider all costs associated with the repair before considering a total loss scenario.

chrissy

last friday from just what he could see he was at $12k. then they did the teardown and found another $3k but they said that they still have some stuff to look at so we'll see. the guy that owns the shop where it's at seems pretty cool. he knows i don't want to have to get this car back. i have a rental car now and i don't think that the lady's insurace has looked at the car yet. i just don't want to be paying $400 a month for a car that's not worth that much anymore but it's a lease so i guess i'm screwed huh?

levelr123g

i beleive the best body shop in orlando area is dayas custom autos in longwood, they do awesome work.

S_kLaSse

Just argue with them.
Tell them that you don't feel secure driving a wrecked car.
Something might go wrong.

Fight all the way. Goodluck

mctwin2kman

If there is frame damage the car should be totaled. Of course since I think it is a Unibody construction they may or may not. It all depends. But have your insurance company fight theres as that is the way to get the best deal. You may need a lawyer as well, because the way some insurance companies are today they all kinda stick together. Also I am assuming you are ok, at least I hope you are. Good Luck and of course keep us posted.

maguzma

If the damage is extensive enough and affects the car's frame, airbags, and overall integrity then find out the insurance policy of salvaged car. Looking at the price of fixing it seems to me that it fits the criteria. And if that is the case Iwould carefully check the car after it is fixed and then tell insurance company that you do not want it because of poor quality job and your safety. Then the insurance company will have to issue suck it up and resell it to somebody as a salavaged title or worse yet they will not issue the salvage clause and sell it to some poor sucker. Either case I would be very carefull signing any documents before car is completly fixed. Let the insurance company do they job that we all pay for.

schwarz c230

You can have the car fixed at a body shop of your choice, you may find the better body shops more expensive, and closer to the totaled amount

mdp c230k

Just let them know your 'lawyer' will be contacting them if you are not satisfied with their handling of the situation. The word 'lawyer' means more money to them and they are likely to settle for what you want rather than go through the expense of any legal moves.

maguzma

I look at it this way. She did not hit anybody but somebody hit her. So let the guilty party's insurance company do all the hard work. That means that they give you a list of quality body shops and you do the research and find the best. They supply a rental until car is done. They keep you posted on the car's recovery etc..
If my car was hit and I really wanted it back and not get it replaced then I would take it to the local MBZ dealer and have them fix it or have them give you a list of quality body shops.

Sincity

The word "lawyer" will not scare them to total your car. Sorry. T

If you want your vehicle totalled, you are probably better off dealing with the other company since they will need to take into account repairs + rental+diminshed value (if state allows). See my other posts. If yor insurance company was State Farm, you car will probably be totalled once the estimate hits around 50-60% of the value of your vehicle.

Here is what you need to do:

1) Have the body shop do a complete teardown.

2) Even after the teardown, have the shop discuss with the other insurance company other "possible" additional damage to consider. This will give them a picture of what the repairs costs will be.

3) Find out how much rental will cost them. It would appear that your car will be in the shop for at least 2 months.

4) Per my prior post, you may want to check with the Department Of Insurance for your state on Diminished Value and if there is law on what will constitute a total loss.


It is too bad you are not in NV. The State Legislature enacted a new law where we are totalling vehicles much sooner than before.

Zonoz

Hey Chrissy who was a worse roomate Jack Tripper or Janet?!?!?!

CHATMANR

a poorly timed joke Zoner ..."Jack Tripper" passed away this year

electromethod

True. They are the best... there is also one more in the city that is recommended but Daya's is much faster... shoot, i forgot the name. Anyhow, Dayas was packed full of luxury vehicles they were working on, so they do have experience on these cars. My point was that the car won't be repaired back to the way it was, even if it gets worked on by the best. They are still the only shop I would take the car to if god forbid something happened again. It's just that damage caused by accidents is just THAT. DAMAGE. Can't make it all dissappear so don't get your hopes up.

Now if only they hadn't scratched the trunk of my car dam* it . lol..... but who knows... it might have been their detailer who dropped something on the car .

FrankW

if it would cost more than half of what the car is worth, the insurance should declare it totalled. There's no reason for them to fix it. That's what happened to my 2000 328Ci which had $28k worth of damage and the car was $46k OTD includes the extended warranty. The Farmers Insurance just declared it's totalled and gave us $41k.

chrissy

thanks for all of your posts guys and girls. I have looked into the diminished value issue and it does look like I can go for that but everything is just so confusing to me with all of this. I'm in the process of getting a lawyer for my injuries (nothing serious) but I just never ever want to get into that car again. The shop that will do the repairs is called Classic Coach they are the shop that does the repair work for R&S Imports which is a Mercedes dealer. I just know that this is something that is going to take a long time to get resolved as far as the lawsuit that I am filing against her and then if I have to sue the insurance company for not totalling the car. I had a similar accident about 2 years ago where my car should have been totalled and the insurance didn't total it but got caught when the corporate guys from Sussman Honda and Nationwide took it to and independent shop and put it on a lift and found that the frame was all sorts of outta whack when they hit it with the laser or whatever. I'm not going through that again. I could have and should have sued them for that but I didn't. I won't let it go this time.

Sincity

Frank,

On a BMW, if you need a floor pan (front compartment) it is an automatic total loss no matter what state you are in. Simply, that part is "non-serviceable". BMW will not sell it to you here in N.A..

mdp c230k

Thats funny, its worked for everyone I've recommended it to. Lawyer = money. The want to minimize their cost and it is cheaper to pay than litigate.

Sincity

Did Larry Parker get them $ 2.1 million?

mdp c230k

LOL, yeh, there on the Ferrari board now!

AlpharettaC32

Insurance companies are not at all scared of a courtroom. Only personal injury attorneys would have you believe so.

Auto insurance is the cash cow for every insurance company that provides such coverage; they're going to vigorously defend whatever stand they take.

The purpose of insurance is to set you back to where you were before the accident, not for you to win the lottery to avoid being upside down.

mdp c230k

When I say lawyer=money, I mean that if the relative cost of paying off is less than the cost of litigation they will pay off rather than lose money. PI lawyers are a different story all together.