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1 month old Tesla Model 3 Long range T-Boned [Is this totaled?]

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2023 Tesla Model 3 LR with 1700 miles got T-boned on intersection by a red light runner. Passemger side got smashed and side air bags were deployed.
Thanks to Tesla dashcam, insurance determined other driver is 100% at fault.
Insurance today determined that car is rapairable. I will likely tell them to tow it to Tesla Collision San Jose . Tesla web page says this is Tesla owned and operated. Has anyone filed a diminished value claim? Any ideas on how to proceed? Not sure if I need to hire an attorney.
 

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@Soul Surfer Harsh, but a fair assessment if OP was really asking about "is it totaled?". I don't see that in the post; rather there's a couple of questions asked.

@EVowner1 As to your direct question: I have never filed a diminished value claim. Really never knew about it until I joined this forum and saw all the people wanting to file one after an accident. My advice would be to first ask your insurance company what your coverage is on your policy, then ask about their procedures in filing a DV claim. Only as a last resort should you get a lawyer involved (said as a father to one of this year's Judicial Fellowship class members). What you may get in the way of restitution from the DV claim, most of that could go to the lawyer.
 
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For your sake, I hope it's totaled and you get a new car quickly.

I would strongly recommend trying to get it totaled and order a new one.
Otherwise for this type or repairs it could be a six to nine month process (from my own experience!!!).

You will need finding a replacement car for that duration, and I doubt an insurance will paid for such rental duration.
Also do you have an extra parking at your home to keep this not drivable car out of the street.

My strong advice would be to look for a body shop for getting an estimate and leave the car at the body shop.
And send the estimate to the other party insurance. This will certainly activate the process because
car insurances know that they will have to pay storage fees if the car doesn't get repaired and get totaled.

Note: It seems that the impact was above the battery, so the full side panel could be replaced
but the fact that the air bags get deployed is generaly enough to get the car been totaled.

I hope that you, or any of your passengers, didn't get any injury. Otherwise, if there is any medical needs,
get a lawyer because you never know if there might be some complications.

Also do not negociate with your own insurance who would said that they will cover your car insurance deductable....
But only deal with the other insurance, so you can sue them if needed, to get all the mdedical coverage
and other expenses like rental car and diminished value claim...
 
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I would strongly recommend trying to get it totaled and order a new one.
How do you try to get a car totaled? I’m not providing free storage at my house, beyond that what control do I have?
You will need finding a replacement car for that duration, and I doubt an insurance will paid for such rental duration.
If you were at fault your insurance often has limitations. I don’t think that‘s true when the other party is at fault. The other parties claims adjuster may say there is a rental limitation, but that wouldn’t be true. I was rear ended in a full size SUV, the other party said I was only allowed a compact car for a rental. I won that argument in about 5 seconds.
but the fact that the air bags get deployed is generaly enough to get the car been totaled.
I know that‘s often true on an older car with a lower value. Are air bags so expensive that a new car would be totaled?
Also do not negociate with your own insurance who would said that they will cover your car insurance deductable....
But only deal with the other insurance,
I’m not an attorney, but I’d be negotiating with insurance company’s attorney who specializes in auto claims. Sounds like I’d be severely handicapped.
 
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Make sure only Tesla or Tesla certified body shop for side hits almost always hit the battery
Which is actually by design to help with the impact, protecting those inside
Agree, you have the right to pick the repair facility (at least in California). When I was hit the other party’s adjuster wanted me to use her shop and got mad when I told her where it was going.

Found out why.

During the repair the adjuster and the shop manager got in an argument over how to repair the vehicle. The adjuster wanted the shop to mask around the rear window and paint. The shop said no, they remove the window when painting so there isn’t a line. This issue held up repairs for almost a week until the adjuster realized rental car fees were exceeding the cost of removing and re-installing the window.
 
it is going to be a maybe total. The initial estimate is only the exterior. The shop has to tear it open to look for hidden damage. It seems that you already processed the claim with your own insurance. Personally, I would prefer the car to be totaled for less hassle and wait time.

I have gotten DV claims before. You do it after it is repaired. Hire a DV appraiser online to prepare a DV report estimating how much value has dropped due to the accident. And then demand the payment from the at fault party's insurance. Your own insurance usually has a policy preventing you from filing DV against them. Negotiate the payout. Some are generous, some will try to deny it. Depends on which insurance the at fault party has.
 
Thanks all looks like I have a fight on my hand. They did waive the $1000 deductible since the other party is 100% at fault. I received the following repair estimate (see attched) from the AAA adjustor. The estimate from Tesla Collision center might be much higher.
 

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Thanks all looks like I have a fight on my hand. They did waive the $1000 deductible since the other party is 100% at fault. I received the following repair estimate (see attched) from the AAA adjustor. The estimate from Tesla Collision center might be much higher.
  • The car 100% has to go to an approved Tesla body shop. Hold your ground on this one.
  • No charges for Towing, were you able to drive it?
  • There is a $750 number for a rental car. Is that the max AAA is willing to pay?
  • What is anticipated settlement amount, $1178.15? Is that DV?
 
  • The car 100% has to go to an approved Tesla body shop. Hold your ground on this one.
  • No charges for Towing, were you able to drive it?
  • There is a $750 number for a rental car. Is that the max AAA is willing to pay?
  • What is anticipated settlement amount, $1178.15? Is that DV?
  • Yes have it going to Tesla Collision body shop. This is Tesla owned. The nearest appointment is late Nov ! They are trying to see if they can get this in right away. I will let AAA deal with storage fees.
  • No, they already paid $270.4 for towing. Tesla shut itself and turned off 12V battery right after the accident.
  • I will need to file a"Loss of Use" with the other insurance to get additional for rental car.
  • I am not sure if the $1178.15 is for DV. This is very low. I will have to fight this out, I will likely use one of the serviuces that value the car and establish diminished value.
 
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