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Discussion Starter · #1 · (Edited)
Super Bummer. On the way to work today traffic slowed pretty quickly for no apparent reason and I got rear-ended. Guy was driving a 1995 Buick Regal and I heard that ABS fail the instant he got on it...(if he even has ABS).

I filed an insurance claim with their provider and a police report. Hopefully the adjuster gets back quickly. Looks like new rear bumper, rear diffuser, and maybe a new right side muffler. I'll also be seeking compensation for diminished value since the vehicle now has a claim reported against it.

Ultimately, I'm fine. My neck is a hair sore. Soon as the claim is verified w/ the adjuster I'm going to find a qualified medical provider under his insurance and get an appt scheduled.



 

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That sucks. I've just been through the car repair mill, not fun.

I don't know what you mean by a claim for diminished value though. The insurance co. more or less promises to return it to it's previous state. Unless there were major frame damage, I can't imagine there'd be enough $$ to pursue. It's not like it's a collectible Porsche or something.

As far as a court claim, I've never heard of that. Someone driving a '95 Regal doesn't sound like a good target.

When one of my cars got totaled, USAA did pay a differential for getting a new car licensed, taxes, etc. They were pretty generous with their valuation of the car, but at the end of the day they have their numbers to back them up.
 
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Discussion Starter · #3 ·
you sir need to research diminished value.

because the vehicle now has a crash on history, and especially because its a brand new vehicle, there is less value if i were to sell it or trade it in. Insurance is liable for that value. THey often don't want to pay it and its going to cost me 3-400 in getting a professional appraisal after the repair is finished, but they are liable for that damage.

if they refuse to pay it, then you file a small claims lawsuit against the driver, and he is then indemnified by the insurance company.

I'm paying for this car out of my pocket and working to retain its value through proper maintenance and upkeep. I intend to recoup my losses of vehicle value because of such a reason.

I used an online calculator and likely the diminished value is only $800-$1000, still worth it.
 

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Discussion Starter · #5 ·
sorry to hear steveo. hope the process is relatively quick and painless. tho i fear it will be neither.
yeah..I'm just waiting for adjuster to come back and either accuse me of fault or try to have the car fixed at some bs body shop with used parts...or claim it doesn't need what it needs idk...

I'm waiting for this to go the entirely wrong way and I'm upset about it.
 

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OK, I see what your point about the diminished value claim and I'm not saying it's not legit, it's just I've never heard of anyone doing this in real life.

Again, I can see if there was major structural damage close to totaling out the value of the vehicle, or if there was an obvious flaw after the repair.

Some cursory reading reveals that the process is neither cheap nor simple nor assured to be successful, so good luck to you sir.

https://www.carinsurance.com/Articles/diminished-value-claim.aspx
 

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Discussion Starter · #7 ·
OK, I see what your point about the diminished value claim and I'm not saying it's not legit, it's just I've never heard of anyone doing this in real life.

Again, I can see if there was major structural damage close to totaling out the value of the vehicle, or if there was an obvious flaw after the repair.

Some cursory reading reveals that the process is neither cheap nor simple nor assured to be successful, so good luck to you sir.

https://www.carinsurance.com/Articles/diminished-value-claim.aspx
agreed, it might be a painful one. However, this car was hit before it even had license plates on it. I feel as if something needs to be awarded
 

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Glad you're alright, that's ultimately all that matters. If your neck is sore, get to a doctor immediately. Good luck on a satisfactory resolution.
 

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Discussion Starter · #10 ·

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Good luck with the diminished value claim. My 2017 WRX got nailed on the passenger side in March this year and ran up like $6500 in damage. I talked to some attorney friends and acquaintances who worked in insurance and they all said winning a diminished value claim is extremely hard unless you live in a state that has laws outlining such claims. I live in MN, and the offending driver's insurance played dumb with me the whole time when I mentioned "diminished value". We don't have any laws that require insurance to pay it, so it doesn't factor in, unless you are looking at really high value property like if a Picasso got damaged or something. In the end, I let it go, seeing as how my time is worth more than what I would have to put into the fight with the insurance company. A family friend who worked for State Farm for 8 years told me he has never known of any successful diminished value claim in my state for the amount I was seeking. Bottom line, insurance companies aren't there to help you. They are out to make a profit and will do so however they can. So long as my car was repaired to as good a condition I was happy with, I figure that was a win enough. I am just glad I had front and rear dash cams to prove the offending driver was completely in the wrong.
 

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Good luck with the diminished value claim. My 2017 WRX got nailed on the passenger side in March this year and ran up like $6500 in damage. I talked to some attorney friends and acquaintances who worked in insurance and they all said winning a diminished value claim is extremely hard unless you live in a state that has laws outlining such claims. I live in MN, and the offending driver's insurance played dumb with me the whole time when I mentioned "diminished value". We don't have any laws that require insurance to pay it, so it doesn't factor in, unless you are looking at really high value property like if a Picasso got damaged or something. In the end, I let it go, seeing as how my time is worth more than what I would have to put into the fight with the insurance company. A family friend who worked for State Farm for 8 years told me he has never known of any successful diminished value claim in my state for the amount I was seeking. Bottom line, insurance companies aren't there to help you. They are out to make a profit and will do so however they can. So long as my car was repaired to as good a condition I was happy with, I figure that was a win enough. I am just glad I had front and rear dash cams to prove the offending driver was completely in the wrong.
Couldn't have said it better myself.
 

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Discussion Starter · #13 ·
Mm good food for thought.

My understanding is 99% of the time, you have to settle in small claims court to get it.

I suppose we'll see how much has to be repaired. If there's more damage then a bumper cover and diffuser, I'll probably pursue that route. However if it truly is as light as it looks, then perhaps it's not worth it.

Buddy of mine (a lawyer if course) had his truck rammed and needed a new bumper, tailgate, and hitch.
He won $2400 in court if the $4000 of value change he had claimed from a professional appraiser. That's worth it

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At least in MN, diminished value claims are pretty much only won in court and the onus is put on the claimant to provide proof of a loss in value if the vehicle is sold. I was told by my State Farm friend that if you sell the car and do suffer a loss in resale value, you then do have a "valid" claim, but if you keep the car, then you have to find appraisers. I was told the insurance company can dispute the appraised value or loss and offer to settle for a lesser amount (which they usually do). Since I tend to drive my cars into the ground, it wasn't a battle worth fighting.
 

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Discussion Starter · #15 ·
Well insurance played ball with me so I'll settle for the advice on here and not deal with diminished value crap since the damage is minor.I'm getting a brand new bumper cover from Subaru, New clear bra liner thing (I have it on there from Subaru) and a new ETS Quiet cat back with resonator & polished tips.that worked out pretty well considering I only have the SPT performance catback at the moment.
 

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Well insurance played ball with me so I'll settle for the advice on here and not deal with diminished value crap since the damage is minor.I'm getting a brand new bumper cover from Subaru, New clear bra liner thing (I have it on there from Subaru) and a new ETS Quiet cat back with resonator & polished tips.that worked out pretty well considering I only have the SPT performance catback at the moment.
That's the exact exhaust I have, you'll really enjoy it. If I had to buy again I may go with the corsa, but can't go wrong with the ETS.
 

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Discussion Starter · #19 ·
Hey that's not a bad result! I've been long-d***** by an insurance company before on a rear end and its just such a pain to deal with those idiots.

My bumper still isn't even repaired :(
Bummer.
Yeah I drive a pretty hard bargain with these guys.

I'm currently now on a short term recovery program with chiropractic and massage office all on their dime as well.

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Sorry to see that and glad it is getting worked out.
 
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