Accident - Got hit from behind

[Relayer]

Was in Delaware on the highway, and came to a traffic slowdown (from emergency workers cleaning up a fatal accident), middle lane with everyone else - when some idiot in the fast lane who was going too fast, couldn't stop and slammed into my rear driver's side quarter panel. Guy with no license was driving his girlfriends car. She allegedly has insurance.

I'm so glad we weren't hurt badly.
But my M3. Had it for 1.5yrs I'd say.
I loved that car... So bummed I'll be spending this miserable summer without my electric car.
What do you guys think? Repairable? Totalled?
Also.. it was an early model - full data for free. Ugh.

 

[TX_M3P+]

Ahh man, that really sucks, but glad you and your crew are ok! If there is frame damage I'd go for totaled and try to get into a new one. If it can all be fixed with new parts then it might be worth fixing so that you can keep your free data plan. If you didn't upgrade to FSD, a new one would come with HW 3.0, which might be worth more that the free data plan in the long run. But I've also heard rumors that Tesla might be announcing a 700 mile batter at Battery Day this year, so it might be worth holding off to see if this might be coming down the pipe.

 

[TLLMRRJ]

Totalled. But on the bright side, at least it wasn't a white interior Tesla. Whew!

 

[Akikiki]

Well. Here's my plan if mine gets wrecked. I've read here and TM that it can take easily 6 months or more before a well-wrecked Tesla is fixed. Talk to my insurance company - an the other insurance company.. Either my insurance or the other will be paying for a rental. I am sure they know it takes a while - months to get a Tesla fixed. Do they want to pay for months of rental car for me? I will try to get them to give me a lump sum settlement for just the rental car part separate from the accident. If I can, I can use it for a down payment on a used Tesla to drive while mine is in the shop.

If they total mine, then I can use the used on and trade it in. While mine is wrecked and in the stop, I am pausing insurance on the wrecked one. Sure don't need it sitting in the shop.

Then, find a used one maybe cheap one. Maybe at an auction. Maybe buy a used Tesla trade-in from Tesla before they sell it to the auction. Find one, and buy it with as little down as I can, maybe the cheapest I can find, or maybe one like I have before it was wrecked. Be flexible. Drive it and make payments until mine is fixed. In the mean time, work on making the used one better looking and nicer looking than it was when I bought it. Clean it. I am going to try to sell it months from now for at least what I bought it for. And when I get mine back, if its not good, I am going to sell or trade it to get back where I was before. Not going to try and cheat anyone, but put my energies into still driving a Tesla while I wait on repairs.

Once I am back in a Tesla, I can let my insurance company and/or the other insurance company figure it out, fight it out, but I am now in a better position versus at their mercy to give me what they want to give me because I am no longer in a rush to settle so I can find another car.

 

[Avid]

Did you bitch slapped him, he deserved one at the very least.

That's just criminal, I feel sad for you.

 

[Relayer]

Ahh man, that really sucks, but glad you and your crew are ok! If there is frame damage I'd go for totaled and try to get into a new one. If it can all be fixed with new parts then it might be worth fixing so that you can keep your free data plan. If you didn't upgrade to FSD, a new one would come with HW 3.0, which might be worth more that the free data plan in the long run. But I've also heard rumors that Tesla might be announcing a 700 mile batter at Battery Day this year, so it might be worth holding off to see if this might be coming down the pipe.

Thanks.
I have a good, recommended high-end place lined up to take a look at it when we can get it towed there. If it seems repairable I'll be glad. 24,500mi, and only let the battery go below 40% once, never above 85%..
My wife never liked the lack of dashboard, and is thinking if it's totalled to maybe pay more get an "S". But I like the smaller body, and am fine with the touchscreen. I love that car!
If I were gonna make a change, would maybe we think about a "Y"..

 

[SammichLover]

Ug.

I know know what the speed differential was when the other driver hit but looking at that a chance they bent something underneath bad and it'll be totaled.

If I were gonna make a change, would maybe we think about a "Y"..

Uncanny! I was scrolling through the posts with the intention of suggesting you look into. I probably wouldn't, because I like the sedan format, but there's some cool improvements they did with the Y.

 

[gavine]

Well. Here's my plan if mine gets wrecked. I've read here and TM that it can take easily 6 months or more before a well-wrecked Tesla is fixed. Talk to my insurance company - an the other insurance company.. Either my insurance or the other will be paying for a rental. I am sure they know it takes a while - months to get a Tesla fixed. Do they want to pay for months of rental car for me? I will try to get them to give me a lump sum settlement for just the rental car part separate from the accident. If I can, I can use it for a down payment on a used Tesla to drive while mine is in the shop.

If they total mine, then I can use the used on and trade it in. While mine is wrecked and in the stop, I am pausing insurance on the wrecked one. Sure don't need it sitting in the shop.

Then, find a used one maybe cheap one. Maybe at an auction. Maybe buy a used Tesla trade-in from Tesla before they sell it to the auction. Find one, and buy it with as little down as I can, maybe the cheapest I can find, or maybe one like I have before it was wrecked. Be flexible. Drive it and make payments until mine is fixed. In the mean time, work on making the used one better looking and nicer looking than it was when I bought it. Clean it. I am going to try to sell it months from now for at least what I bought it for. And when I get mine back, if its not good, I am going to sell or trade it to get back where I was before. Not going to try and cheat anyone, but put my energies into still driving a Tesla while I wait on repairs.

Once I am back in a Tesla, I can let my insurance company and/or the other insurance company figure it out, fight it out, but I am now in a better position versus at their mercy to give me what they want to give me because I am no longer in a rush to settle so I can find another car.

Hmm. Keep us posted. I would be surprised if insurance gave you a lump sum on the idea of a potential long repair process. What if the car gets fixed quickly? Maybe they would agree to a weekly payout directly to you instead of rental car provider.

 

[Akikiki]

I hope I never have to test this idea. Weekly payout for the rental car allowance? That's a great idea. I figured that anything is possible.

 

[SammichLover]

I hope I never have to test this idea. Weekly payout for the rental car allowance? That's a great idea. I figured that anything is possible.

The biggest flaw I see in that most policies are quite limited in rental coverage. Both days and what level of replacement vehicle they'll cover.

 

[mspohr]

Friday same thing happened to me. Slow down on the freeway. I stopped. Two cars behind me didn't. Not as badly damaged. Just rear bumper and a crease in the tailgate. $7500 to repair at Tesla authorized body shop. He said they've been getting parts in just a few days. Car is drive-able. Tailgate works fine. They'll replace tailgate, bumper, stuff behind the bumper.

 

[noobla3]

Totalled. But on the bright side, at least it wasn't a white interior Tesla. Whew!

What about a white interior?

 

[focher]

Rental coverage limits aren't applicable here, because the OP wasn't at fault. It's the other car owner's insurance that has to cover these costs as part of the claim against their insured.

Very important is that there is are two other claims.

1. Diminished Value - Many jurisdictions (you'll have to check on Delaware) allow a claim for the decrease in value from being in an accident. This is in addition to having the repair costs covered.

2. Loss of Use - Many people confuse this with rental reimbursement. It's not the same. It's the loss of use value for your particular car. So if they offer you $35/day for rental reimbursement, you can still claim the difference in the cost to provide you with a comparable car. The Turo service is an excellent way to calculate this value. Simply pull the local Turo rentals for your configuration of a Model 3 and use those numbers to argue a daily rate value.

 

[SammichLover]

Rental coverage limits aren't applicable here, because the OP wasn't at fault. It's the other car owner's insurance that has to cover these costs as part of the claim against their insured.

Good luck on that. Unless local jurisdiction laws force it, that can be difficult to get. Especially from small, cut-rate underwriters it can be very challenging getting any meaningful amount even with actual receipts never mind trying to get cash settlement in lieu out ahead without them.

 

[SlimJim]

Did it have anything to do with Tesla brake light not coming on thanks to mild regen braking?

 

[SammichLover]

Did it have anything to do with Tesla brake light not coming on thanks to mild regen braking?

Your desperation is so cute.

 

[focher]

Good luck on that. Unless local jurisdiction laws force it, that can be difficult to get. Especially from small, cut-rate underwriters it can be very challenging getting any meaningful amount even with actual receipts never mind trying to get cash settlement in lieu out ahead without them.

Crappy insurance companies that fight every dollar of a claim have nothing to do with it. The point is that that rental car limits on an at fault driver’s policy have nothing to do with making a claim for such costs from the other driver. They simply do not apply.

Arguing whether the other insurance company will fight you on it just doesn’t matter. Small claims courts exist in every jurisdiction, and are perfectly suited for such scenarios.

 

[SammichLover]

Small Claims Court is available in every jurisdiction. You don’t get what you don’t ask for, but what is absolutely true is that rental car limits on an at fault driver’s policy have nothing to do with making a claim for such costs from the other driver. They simply do not apply.

Right. You have to go to small claims (it should be below that limit, otherwise you'll need an attorney for Big Boy court) and that 100% requires the receipts so no in-lieu-of potential. Assuming you win in small claims (good chances there) you then you have to collect the judgement, which is another journey in itself.

 

[Relayer]

Rental coverage limits aren't applicable here, because the OP wasn't at fault. It's the other car owner's insurance that has to cover these costs as part of the claim against their insured.

Very important is that there is are two other claims.

1. Diminished Value - Many jurisdictions (you'll have to check on Delaware) allow a claim for the decrease in value from being in an accident. This is in addition to having the repair costs covered.

2. Loss of Use - Many people confuse this with rental reimbursement. It's not the same. It's the loss of use value for your particular car. So if they offer you $35/day for rental reimbursement, you can still claim the difference in the cost to provide you with a comparable car. The Turo service is an excellent way to calculate this value. Simply pull the local Turo rentals for your configuration of a Model 3 and use those numbers to argue a daily rate value.

Very helpful, thanks.
I should mention that while it occurred in Delaware, I actually live in PA (northern Philly suburbs).
Also, when we called his (girlfriends) insurer, they somehow couldn't find the policy.. something about that policy number having an extra digit or two?.. which makes no sense to me considering the police report has the VIN. They had temp license plates.. just totally sketchy, so I think it'll be our insurance company ponying up. My wife is dealing with the insurance, and I'm dealing with Tesla/Repair.

 

[mattack4000]

That’s why you have uninsured motorist...