2016 Model S 90D - Property Damage Claim Post Mortem

[dvhart]

I was in an accident on May 9th. I was hit but someone who was 100% at fault. $28K in damages including frame damage to my perfect 2016 70D. The 3rd party has Mercury and was carrying low coverage $15K. In CA you can't claim DV from your first party insurance unless you have very specific insurance which I did not. It is 3 months later, my car is still in the Tesla approved body shop whatever that means. Do they approve of repairs taking 3-6 months? The DV estimate is $15K but I haven't received a trade in quote from Tesla on a new Tesla or confirmation that none of these repairs will affect the operation or longevity of the vehicle. All and all this is the stuff nightmares are made of. If you are involved in a crash and the vehicle is still operating, back up and crash again, then maybe do it again, and then maybe one more time for good measure.

Ugh, this sounds like a terrible situation. Did you eventually get a trade-in value from Tesla? What was the final result for you?

 

[Ulmo]

This story gave me anxiety just reading it, dealing with people who spend their life trying to argue against every claim, no matter how reasonable and standard would keep me up at night too. Thanks for sharing this journey, I'm sure it aged you a few years!

That’s the thing I disciplined myself not to fall victim to: I slept well at night knowing the righteous process of taking a winning hand wins out, and all I had to do was play the game (with me as the moral and financial winner). The only two reasons I wouldn’t have slept well at night is if I wasn’t prepared or was in the wrong (bad morals). Please see every post in this thread for what “prepared” meant, especially OP’s, mine in my case, and the best practices posters.

 

[Tezzie]

View attachment 231582

After nearly two months, we finally settled our property damage claim after being rear ended in our 2016 Tesla Model S 90D. Insurance claims are something many of us dread about owning a Tesla, a risk we acknowledged going in. I thought I'd share the experience and the outcome in the hope it will help someone else. As I shared earlier, we were rear ended at over 30 mph while stopped and shoved into the car in front of us. To the surprise of the police and fire fighters, all four of us, including my two young children, walked away without so much as a seatbelt bruise (although my wife is working through some physical therapy for a knee strain). Thank you Tesla for building such a safe vehicle, or, as I have taken to calling it, the world's heaviest and most expensive accordion. This post is about the property damage aspect of the claim, with the goal of totaling the vehicle and recovering the full pre-loss appraisal value and avoiding a drawn out repair period (the post, unfortunately, is rather long and drawn out).

My most valuable resource throughout this experience was my independent insurance agent. He spent hours on the phone and email educating me on the process, helped me set realistic expectations and define decision points along the way. If you don't have one, I highly recommend finding one. I'm happy to recommend one for those local to Portland, Oregon. Besides my agent, the Tesla certified body shop estimator and an independent appraiser and diminished value expert were also invaluable. I let the body shop know from the beginning that I intended to total the vehicle. I paid the appraiser to develop evidence for appraisal, diminished value (DV), and loss of use (LOU). Sadly, Tesla was completely useless - to the point of being counterproductive.

The other party was found to be 100% at fault. I had the option of filing through our insurance (1st Party) or through the theirs (3rd Party). While my insurance company is at least somewhat motivated to keep me happy, there are contractual limitations to filing 1st party. These come into play specifically on LOU and DV claims. For example, in my case, LOU was limited to $30/day for 30 days, $900 max, and DV was explicitly excluded. There is no such contract with the 3rd party. I would be exercising my legal right to recover losses resulting from damages occurring outside of contract (otherwise known as a "tort"), and the 3rd party carrier is acting on behalf of the at fault party. Unfortunately, the 3rd party carrier was GEICO, who is notorious for refusing to pay for quality repairs and routinely sells cut-rate, low limit policies.

Because of the high value of a Tesla, the traditional equations governing the decision to declare the vehicle a total loss do not work in my favor. For example, the body shop provided an estimate for $44k to repair the vehicle, including significant structural work. This did not cover issues I observed with the panoramic roof or the more pronounced inconsistent panel gaps between the hood and fenders, or any additional and unseen kinetic damage or supplemental damages I might discover later. To be declared a total loss, the cost of the repairs must be more than the pre-loss appraisal of the vehicle minus the salvage value. In my case: $94k - $35k = $59k. If I were to file 1st party, they would require the vehicle be repaired. In fact, they wouldn't total the vehicle until repairs exceeded $59k. The car would obviously never be the same, and I was unwilling to drive a car that had suffered such extensive damage. Especially one I paid $100k for which had less than 6k miles on the odometer.

I could repair the vehicle and sell it. Because Tesla will not consider a vehicle with structural damage for their CPO program, the trade value in would be significantly lower. Far fewer private buyers would consider the vehicle, and if I were able to sell it, the average diminished value for a Model S with structural damage is $21k. The timeframe for repair is about six months, including the time to get the estimate, order parts, and complete the repair. For those six months, the LOU damages accrue daily. In the Portland area, the average daily rental for a Model S is $239/day. For six months, that comes to $43k.

To total the vehicle, I needed to convince the 3rd party carrier that it would be less expensive for them than forcing me to repair it. By adding the DV and LOU to the repair estimate, $44k + $21k + $43k = $108k to repair, versus $94k - $35k = $59k to total (appraised value minus salvage value). This gave me a $108k - $59k = $50k advantage in my favor to convince them to total.

It took four weeks to get all these numbers together. Once I had them, I contacted the 3rd party carrier and presented the case. They took days to return calls. They refused to provide email addresses. They argued every point they could. They tried shorting the estimate by $15k, they argued reduced LOU, and pushed back on DV. The critical factor was having educated myself and calling them on every lie they told me. Every. Single. Time. Interrupt them, mid sentence, and explain to them why what they're telling me is a lie. They have to use qualified labor. There are no used or aftermarket parts available. The LOU solution has to be available (a $50 offer in New York doesn't count in Portland, the price of the lease doesn't count because you can't lease it for 6 months, etc.). They insisted the vehicle had to be repaired, not totaled. I made it explicitly clear that I would not drive the vehicle again, and if they forced me to repair it, I would hand over all aspects of the claims to the attorneys, and the attorneys wouldn't stop at seeking a total loss, and I would have to let them maximize damages in order to cover their fees.

They tried to say they were approaching policy limits and I would be better served filing 1st party. Unfortunately for them, I happened to know they had paid out the claim of the vehicle in front of us in full. Having done so, they put themselves at risk of operating in bad faith as they could have attempted to settle all claims within limits of the policy, but did not, thereby exposing their client to excess damages. If this went to court and they lost, they would waive their right to the limits and be responsible for all damages ($108k+). To decide how to proceed, I needed to know the limits of the policy. They are not obligated to disclose this except through discovery during a lawsuit. As I didn't want to have to involve an attorney, I convinced the carrier to reveal the limits through threat of legal action and higher damages. Knowing the limits, I demonstrated that when accounting for salvage, the total loss route enabled them to settle within limits, and would not expose their client to excess damages. I emphasized this point strongly and repeatedly - no carrier wants to be found to have operated in bad faith.

It was brutal and I hated every second of it. It was a stressful two weeks. My hands shook. I was short tempered. I couldn't eat or sleep. I was less productive at work. I started researching the adrenaline response to learn how to minimize the symptoms. I hated the lies and the disingenuous nature of the carrier's representatives, and I hated how I had to respond to protect my interests. I struggled daily with what I would do if the driver's policy limits couldn't cover the damages - would I be willing to sue them personally? It was awful.

In the end, the insurer countered my proposed settlement options, which had $10k of negotiation room included, with a full value total loss of $94k, minimal LOU of $3k, and up to $2k in shop fees (partial tear down estimates and storage for six weeks are expensive), for a total property damage settlement of $99k, leaving me with a nearly $6k shop bill, for a net settlement of $93k. They verbally communicated the settlement to me on the same day I picked up my new inventory 2017 Tesla Model S 90D, and we picked up the final check today (about a week later).

I have seen a number of collisions posted in this forum and several comments about suing for DV or LOU, but I have seen very few accounts of the final result of such negotiations. I hope this account will be useful to others finding themselves in this situation.

So after your experience, would you change your insurance carrier or coverage? I'm a Tesla newbie and now I'm wondering if my coverage is good enough. I'm in California. Where are you located?

 

[focher]

I just want to say thank you to the OP for sharing their story and how they ultimately were successful. It's very practical information for those of us going through it right now.

 

[derkan]

I need some advice..

First, I want to thank OP again. And again. My model 3 was hit by a careless driver 2 months ago. Link here.

I unfortunately had issues proving the other driver was at fault, and no attorneys wanted to take my case. This was just before the dashcam feature rolled out. It basically took 2 months arguing fault, and lots of research to win this case. My own insurance company was useless, always telling me they'll subrogate, even admitting they would likely get to 50% fault at best.

After they accepted fault, I was able to get them to declare the car a constructive total loss in pretty much a week, and this is all thanks to OP and the other folks who shared their experience. My M3 LR had <500 miles on it, and damages were $16k.

I'm now awaiting their settlement offer, which they promised me will only account for the actual cash value of the car. What are the things to negotiate for in a settlement, and how. I read this thread several times, and a few others, but am still unclear what sorts of damages to claim, and how to calculate. Obviously I want to buy a new M3 LR, which now costs $4.5k more than it did in June, and the paint has gotten pricier too..

 

[Az_Rael]

I'm now awaiting their settlement offer, which they promised me will only account for the actual cash value of the car. What are the things to negotiate for in a settlement, and how. I read this thread several times, and a few others, but am still unclear what sorts of damages to claim, and how to calculate. Obviously I want to buy a new M3 LR, which now costs $4.5k more than it did in June, and the paint has gotten pricier too..

With the settlement they should provide you a report that includes the comparables they are using to determine the value. Make sure they have all your options listed correctly and the comparable cars are reasonable. Make sure the condition is listed as excellent - with only 500 miles, the car was essentially new. If you did any add ons to the car prior to the accident like tinted windows, PPF, etc, you can provide receipts for those items as well.

With less than 500 miles, I am not sure how the comparables will play out. That is probably going to be your best argument - that the comparables should be new cars since yours had less than 500 miles.

Oh, and they should be including your taxes and registration fees as part of the settlement.

 

[FlasherZ]

I'm just beginning to go through this fun now. I don't think I'll have a problem with convincing the third-party insurance company to total the vehicle (they've said that just seeing the pictures, they pretty much know it's a total loss but have to wait for the formality of the inspector's report) - but I get to start the game of their lowballs of its value and the replacement.

My car is going to be a bit difficult for them to value properly, I think. It's a 2016 model, but was delivered Dec 29, 2016. It has AP2 hardware, while most cars from 2016 have AP1 hardware. I found them a used specimen offered by Tesla that comes close to my car - only differences being that a) VIN is 24k later - 6 months given Tesla's reports; b) glass roof instead of my pano; c) standard 19" slipstream vs. my arachnid wheels. The two cars have less than 1,000 miles difference. I've given that to them and offered that the 6 months newer is a wash with pano & arachnid. We will see what they say - I don't really have many other options, only because it seems difficult to find 2016 year AP2 cars that are comparable.

 

[Bet TSLA]

I'm just beginning to go through this fun now. I don't think I'll have a problem with convincing the third-party insurance company to total the vehicle (they've said that just seeing the pictures, they pretty much know it's a total loss....

So sorry to see that. Hope all are okay.

 

[derkan]

Here's a suggestion: Record all your calls with them. Start each conversation with "This is so-and-so on a recorded line..". I got an iphone app to do this (nonotes.com). After each call I emailed them notes of what was discussed. Because they lied many times about what was said before, and this dissuaded them eventually.

Second suggestion (from someone else on the thread): Read this: https://www.mhc.ie/uploads/use-of-the-term-without-prejudice-jason-harte.pdf

 

[FlasherZ]

My car is going to be a bit difficult for them to value properly, I think. It's a 2016 model, but was delivered Dec 29, 2016. It has AP2 hardware, while most cars from 2016 have AP1 hardware. I found them a used specimen offered by Tesla that comes close to my car - only differences being that a) VIN is 24k later - 6 months given Tesla's reports; b) glass roof instead of my pano; c) standard 19" slipstream vs. my arachnid wheels. The two cars have less than 1,000 miles difference. I've given that to them and offered that the 6 months newer is a wash with pano & arachnid. We will see what they say - I don't really have many other options, only because it seems difficult to find 2016 year AP2 cars that are comparable.

So, an update. I have settled with the other party's insurance company, and was pleasantly surprised with the information they had available. They used an appraiser who was dedicated to handling Tesla cars, and their initial settlement offer was pretty much right at the comparable that I had found (actually a bit more than I expected). They listed 6 different comparable cars from several sources (private & dealer sales). I was pleasantly surprised.

 

[derkan]

For me, the insurance eventually settled for the full amount of a new car, plus ceramic coating, plus 1 month of LOU equivalent to a Tesla rental. My old car is now on auction at https://www.copart.com/lot/51929128/

Thank you OP. Very much.

 

[Modmike]

Thank you OP for your very detailed post, and for fighting for your rights.

Here in Quebec we have a no-fault insurance system (which tends to keep premiums lower but removes some of the flexibility when dealing with claims), but you just made me wonder what would happen should a traveler (especially one from outside Canada) be involved in a collision locally. Time to do some research.

Bonjour,

Your company will pay and sue the other one.

 

[RIP1]

View attachment 231582

After nearly two months, we finally settled our property damage claim after being rear ended in our 2016 Tesla Model S 90D. Insurance claims are something many of us dread about owning a Tesla, a risk we acknowledged going in. I thought I'd share the experience and the outcome in the hope it will help someone else. As I shared earlier, we were rear ended at over 30 mph while stopped and shoved into the car in front of us. To the surprise of the police and fire fighters, all four of us, including my two young children, walked away without so much as a seatbelt bruise (although my wife is working through some physical therapy for a knee strain). Thank you Tesla for building such a safe vehicle, or, as I have taken to calling it, the world's heaviest and most expensive accordion. This post is about the property damage aspect of the claim, with the goal of totaling the vehicle and recovering the full pre-loss appraisal value and avoiding a drawn out repair period (the post, unfortunately, is rather long and drawn out).

My most valuable resource throughout this experience was my independent insurance agent. He spent hours on the phone and email educating me on the process, helped me set realistic expectations and define decision points along the way. If you don't have one, I highly recommend finding one. I'm happy to recommend one for those local to Portland, Oregon. Besides my agent, the Tesla certified body shop estimator and an independent appraiser and diminished value expert were also invaluable. I let the body shop know from the beginning that I intended to total the vehicle. I paid the appraiser to develop evidence for appraisal, diminished value (DV), and loss of use (LOU). Sadly, Tesla was completely useless - to the point of being counterproductive.

The other party was found to be 100% at fault. I had the option of filing through our insurance (1st Party) or through the theirs (3rd Party). While my insurance company is at least somewhat motivated to keep me happy, there are contractual limitations to filing 1st party. These come into play specifically on LOU and DV claims. For example, in my case, LOU was limited to $30/day for 30 days, $900 max, and DV was explicitly excluded. There is no such contract with the 3rd party. I would be exercising my legal right to recover losses resulting from damages occurring outside of contract (otherwise known as a "tort"), and the 3rd party carrier is acting on behalf of the at fault party. Unfortunately, the 3rd party carrier was GEICO, who is notorious for refusing to pay for quality repairs and routinely sells cut-rate, low limit policies.

Because of the high value of a Tesla, the traditional equations governing the decision to declare the vehicle a total loss do not work in my favor. For example, the body shop provided an estimate for $44k to repair the vehicle, including significant structural work. This did not cover issues I observed with the panoramic roof or the more pronounced inconsistent panel gaps between the hood and fenders, or any additional and unseen kinetic damage or supplemental damages I might discover later. To be declared a total loss, the cost of the repairs must be more than the pre-loss appraisal of the vehicle minus the salvage value. In my case: $94k - $35k = $59k. If I were to file 1st party, they would require the vehicle be repaired. In fact, they wouldn't total the vehicle until repairs exceeded $59k. The car would obviously never be the same, and I was unwilling to drive a car that had suffered such extensive damage. Especially one I paid $100k for which had less than 6k miles on the odometer.

I could repair the vehicle and sell it. Because Tesla will not consider a vehicle with structural damage for their CPO program, the trade value in would be significantly lower. Far fewer private buyers would consider the vehicle, and if I were able to sell it, the average diminished value for a Model S with structural damage is $21k. The timeframe for repair is about six months, including the time to get the estimate, order parts, and complete the repair. For those six months, the LOU damages accrue daily. In the Portland area, the average daily rental for a Model S is $239/day. For six months, that comes to $43k.

To total the vehicle, I needed to convince the 3rd party carrier that it would be less expensive for them than forcing me to repair it. By adding the DV and LOU to the repair estimate, $44k + $21k + $43k = $108k to repair, versus $94k - $35k = $59k to total (appraised value minus salvage value). This gave me a $108k - $59k = $50k advantage in my favor to convince them to total.

It took four weeks to get all these numbers together. Once I had them, I contacted the 3rd party carrier and presented the case. They took days to return calls. They refused to provide email addresses. They argued every point they could. They tried shorting the estimate by $15k, they argued reduced LOU, and pushed back on DV. The critical factor was having educated myself and calling them on every lie they told me. Every. Single. Time. Interrupt them, mid sentence, and explain to them why what they're telling me is a lie. They have to use qualified labor. There are no used or aftermarket parts available. The LOU solution has to be available (a $50 offer in New York doesn't count in Portland, the price of the lease doesn't count because you can't lease it for 6 months, etc.). They insisted the vehicle had to be repaired, not totaled. I made it explicitly clear that I would not drive the vehicle again, and if they forced me to repair it, I would hand over all aspects of the claims to the attorneys, and the attorneys wouldn't stop at seeking a total loss, and I would have to let them maximize damages in order to cover their fees.

They tried to say they were approaching policy limits and I would be better served filing 1st party. Unfortunately for them, I happened to know they had paid out the claim of the vehicle in front of us in full. Having done so, they put themselves at risk of operating in bad faith as they could have attempted to settle all claims within limits of the policy, but did not, thereby exposing their client to excess damages. If this went to court and they lost, they would waive their right to the limits and be responsible for all damages ($108k+). To decide how to proceed, I needed to know the limits of the policy. They are not obligated to disclose this except through discovery during a lawsuit. As I didn't want to have to involve an attorney, I convinced the carrier to reveal the limits through threat of legal action and higher damages. Knowing the limits, I demonstrated that when accounting for salvage, the total loss route enabled them to settle within limits, and would not expose their client to excess damages. I emphasized this point strongly and repeatedly - no carrier wants to be found to have operated in bad faith.

It was brutal and I hated every second of it. It was a stressful two weeks. My hands shook. I was short tempered. I couldn't eat or sleep. I was less productive at work. I started researching the adrenaline response to learn how to minimize the symptoms. I hated the lies and the disingenuous nature of the carrier's representatives, and I hated how I had to respond to protect my interests. I struggled daily with what I would do if the driver's policy limits couldn't cover the damages - would I be willing to sue them personally? It was awful.

In the end, the insurer countered my proposed settlement options, which had $10k of negotiation room included, with a full value total loss of $94k, minimal LOU of $3k, and up to $2k in shop fees (partial tear down estimates and storage for six weeks are expensive), for a total property damage settlement of $99k, leaving me with a nearly $6k shop bill, for a net settlement of $93k. They verbally communicated the settlement to me on the same day I picked up my new inventory 2017 Tesla Model S 90D, and we picked up the final check today (about a week later).

I have seen a number of collisions posted in this forum and several comments about suing for DV or LOU, but I have seen very few accounts of the final result of such negotiations. I hope this account will be useful to others finding themselves in this situation.

Thankyou for going to the trouble of information out there.

 

[Gremlin]

View attachment 231582

After nearly two months, we finally settled our property damage claim after being rear ended in our 2016 Tesla Model S 90D. Insurance claims are something many of us dread about owning a Tesla, a risk we acknowledged going in. I thought I'd share the experience and the outcome in the hope it will help someone else. As I shared earlier, we were rear ended at over 30 mph while stopped and shoved into the car in front of us. To the surprise of the police and fire fighters, all four of us, including my two young children, walked away without so much as a seatbelt bruise (although my wife is working through some physical therapy for a knee strain). Thank you Tesla for building such a safe vehicle, or, as I have taken to calling it, the world's heaviest and most expensive accordion. This post is about the property damage aspect of the claim, with the goal of totaling the vehicle and recovering the full pre-loss appraisal value and avoiding a drawn out repair period (the post, unfortunately, is rather long and drawn out).

My most valuable resource throughout this experience was my independent insurance agent. He spent hours on the phone and email educating me on the process, helped me set realistic expectations and define decision points along the way. If you don't have one, I highly recommend finding one. I'm happy to recommend one for those local to Portland, Oregon. Besides my agent, the Tesla certified body shop estimator and an independent appraiser and diminished value expert were also invaluable. I let the body shop know from the beginning that I intended to total the vehicle. I paid the appraiser to develop evidence for appraisal, diminished value (DV), and loss of use (LOU). Sadly, Tesla was completely useless - to the point of being counterproductive.

The other party was found to be 100% at fault. I had the option of filing through our insurance (1st Party) or through the theirs (3rd Party). While my insurance company is at least somewhat motivated to keep me happy, there are contractual limitations to filing 1st party. These come into play specifically on LOU and DV claims. For example, in my case, LOU was limited to $30/day for 30 days, $900 max, and DV was explicitly excluded. There is no such contract with the 3rd party. I would be exercising my legal right to recover losses resulting from damages occurring outside of contract (otherwise known as a "tort"), and the 3rd party carrier is acting on behalf of the at fault party. Unfortunately, the 3rd party carrier was GEICO, who is notorious for refusing to pay for quality repairs and routinely sells cut-rate, low limit policies.

Because of the high value of a Tesla, the traditional equations governing the decision to declare the vehicle a total loss do not work in my favor. For example, the body shop provided an estimate for $44k to repair the vehicle, including significant structural work. This did not cover issues I observed with the panoramic roof or the more pronounced inconsistent panel gaps between the hood and fenders, or any additional and unseen kinetic damage or supplemental damages I might discover later. To be declared a total loss, the cost of the repairs must be more than the pre-loss appraisal of the vehicle minus the salvage value. In my case: $94k - $35k = $59k. If I were to file 1st party, they would require the vehicle be repaired. In fact, they wouldn't total the vehicle until repairs exceeded $59k. The car would obviously never be the same, and I was unwilling to drive a car that had suffered such extensive damage. Especially one I paid $100k for which had less than 6k miles on the odometer.

Oh I be claiming back and neck issues they come around real quick, lost of income, etc. They come around real quick. Good read. Thanks

I could repair the vehicle and sell it. Because Tesla will not consider a vehicle with structural damage for their CPO program, the trade value in would be significantly lower. Far fewer private buyers would consider the vehicle, and if I were able to sell it, the average diminished value for a Model S with structural damage is $21k. The timeframe for repair is about six months, including the time to get the estimate, order parts, and complete the repair. For those six months, the LOU damages accrue daily. In the Portland area, the average daily rental for a Model S is $239/day. For six months, that comes to $43k.

To total the vehicle, I needed to convince the 3rd party carrier that it would be less expensive for them than forcing me to repair it. By adding the DV and LOU to the repair estimate, $44k + $21k + $43k = $108k to repair, versus $94k - $35k = $59k to total (appraised value minus salvage value). This gave me a $108k - $59k = $50k advantage in my favor to convince them to total.

It took four weeks to get all these numbers together. Once I had them, I contacted the 3rd party carrier and presented the case. They took days to return calls. They refused to provide email addresses. They argued every point they could. They tried shorting the estimate by $15k, they argued reduced LOU, and pushed back on DV. The critical factor was having educated myself and calling them on every lie they told me. Every. Single. Time. Interrupt them, mid sentence, and explain to them why what they're telling me is a lie. They have to use qualified labor. There are no used or aftermarket parts available. The LOU solution has to be available (a $50 offer in New York doesn't count in Portland, the price of the lease doesn't count because you can't lease it for 6 months, etc.). They insisted the vehicle had to be repaired, not totaled. I made it explicitly clear that I would not drive the vehicle again, and if they forced me to repair it, I would hand over all aspects of the claims to the attorneys, and the attorneys wouldn't stop at seeking a total loss, and I would have to let them maximize damages in order to cover their fees.

They tried to say they were approaching policy limits and I would be better served filing 1st party. Unfortunately for them, I happened to know they had paid out the claim of the vehicle in front of us in full. Having done so, they put themselves at risk of operating in bad faith as they could have attempted to settle all claims within limits of the policy, but did not, thereby exposing their client to excess damages. If this went to court and they lost, they would waive their right to the limits and be responsible for all damages ($108k+). To decide how to proceed, I needed to know the limits of the policy. They are not obligated to disclose this except through discovery during a lawsuit. As I didn't want to have to involve an attorney, I convinced the carrier to reveal the limits through threat of legal action and higher damages. Knowing the limits, I demonstrated that when accounting for salvage, the total loss route enabled them to settle within limits, and would not expose their client to excess damages. I emphasized this point strongly and repeatedly - no carrier wants to be found to have operated in bad faith.

It was brutal and I hated every second of it. It was a stressful two weeks. My hands shook. I was short tempered. I couldn't eat or sleep. I was less productive at work. I started researching the adrenaline response to learn how to minimize the symptoms. I hated the lies and the disingenuous nature of the carrier's representatives, and I hated how I had to respond to protect my interests. I struggled daily with what I would do if the driver's policy limits couldn't cover the damages - would I be willing to sue them personally? It was awful.

In the end, the insurer countered my proposed settlement options, which had $10k of negotiation room included, with a full value total loss of $94k, minimal LOU of $3k, and up to $2k in shop fees (partial tear down estimates and storage for six weeks are expensive), for a total property damage settlement of $99k, leaving me with a nearly $6k shop bill, for a net settlement of $93k. They verbally communicated the settlement to me on the same day I picked up my new inventory 2017 Tesla Model S 90D, and we picked up the final check today (about a week later).

I have seen a number of collisions posted in this forum and several comments about suing for DV or LOU, but I have seen very few accounts of the final result of such negotiations. I hope this account will be useful to others finding themselves in this situation.