Advice for damaged Model S in Colorado

[OrbiterTI4]

If you lose, you still get the $3K and if you don't you get more.

By "if you lose", do you mean a judge or jury (whichever is chosen for the case) finds in favor of the insurance company, or finds in favor of the plaintiff at a lower judgment amount? In those scenarios, I can't imagine why the $3k would still be on the table.

 

[PhilDavid]

By "if you lose", do you mean a judge or jury (whichever is chosen for the case) finds in favor of the insurance company, or finds in favor of the plaintiff at a lower judgment amount? In those scenarios, I can't imagine why the $3k would still be on the table.

If someone were to buy a $60K used car, would they buy one that has been rear ended just to save $3K? Most people will likely want better savings to buy a car with accident damage so if you have a good DMV expert, you should be able to receive a fair amount for the actual loss suffered.

 

[OrbiterTI4]

If someone were to buy a $60K used car, would they buy one that has been rear ended just to save $3K? Most people will likely want better savings to buy a car with accident damage so if you have a good DMV expert, you should be able to receive a fair amount for the actual loss suffered.

I'm not disputing on whether I think the $3k DV appraisal is too low, the OP has already done that with his own DV appraisal! I'm disputing your claim that "go ahead and take them to court, because even if you lose you'll get the $3k offer as a fallback." My expectation would be "if you go to court, the $3k is gone, and you get what the court awards."

 

[PhilDavid]

I'm not disputing on whether I think the $3k DV appraisal is too low, the OP has already done that with his own DV appraisal! I'm disputing your claim that "go ahead and take them to court, because even if you lose you'll get the $3k offer as a fallback." My expectation would be "if you go to court, the $3k is gone, and you get what the court awards."

Understood.

I still think it would be unusual for the court to then say that the $3,000 offered was too high, especially presented with the DV details.

Also the OP can appeal and each time they go to court, it will cost the insurance company likely at least $2K.The bottom line is they are not being fair offering a $3K DV amount as if it were a subcompact.

 

[OrbiterTI4]

Understood.

I still think it would be unusual for the court to then say that the $3,000 offered was too high, especially presented with the DV details.

Also the OP can appeal and each time they go to court, it will cost the insurance company likely at least $2K. The bottom line is they are not being fair offering a $3K DV amount as if it were a subcompact.

Agreed, the $3k is a lowball offer. But insurance has supporting evidence (in the form of a DV appraisal, valid or not) that $3k is a fair number, so they are offering it as a settlement to release all claims.

It has been my direct experience that if the OP did choose to proceed with a suit, the insurance company would NOT increase their offer in the absence of any other evidence (and this echoed the experience/prediction of my attorney).

Colorado_Mike, please keep us updated.

 

[Verranzo]

Not to hijack this thread too much, but my model S is currently at Stuttgart from getting rear ended few months ago. (Hoping it'll be a quick repair, but expecting the worse atm). Anyway, any suggestions on where to get a good DV claim amount? All new to me and rather not use some random Google link.

Cheers

 

[PhilDavid]

If you have been rear ended, even if you have the slighted bit of back pain, speak up, as sometimes these things take time to develop fully! I can't stress this enough. If you are injured, your claim then becomes a property damage and an injury claim opening up your options significantly. This way if the insurance company is being unreasonable, you can easily find legal representation. The insurance companies know this and will treat you a bit better IMHO.

When I was rear ended and had to deal with an insurance company, whenever they dragged their feet making me whole such as getting me into a comparable rental car to the vehicle I had, I just had to remind them how my pain from the accident is getting worse from all this arguing... I didn't ask for anything unreasonable but I got everything I wanted. If I was not injured, I think they may have told me to go pound sand when I demanded a comparable rental plus full diminished value but they never pushed me around knowing if they pushed me over the edge.

 

[dbldwn02]

So, I'm not a lawyer, but I don't think you sue the insurance company. You sue the person who hit you.

Also, I got $5k DV for $10k in damage so I think your DV number is pretty accurate if this is the first accident. I couldn't find a lawyer that wanted to take a case that didn't involve an injury so I think you'll probably find out the same. Just like Phil said.

 

[dbldwn02]

Not to hijack this thread too much, but my model S is currently at Stuttgart from getting rear ended few months ago. (Hoping it'll be a quick repair, but expecting the worse atm). Anyway, any suggestions on where to get a good DV claim amount? All new to me and rather not use some random Google link.

Your car is a long way from home if you're still living in Seattle! Lol.

I used Appraisal Dynamics in Colorado Springs. His name is Bob Capraro. If you talk about model trains with him he might give you a discount! Haha. Anyways, it costs about $400 for a report and he doesn't need to see the car. He just needs the repair order after everything is done and your happy with the repairs. I got $4800 DV from $11,000 in damages. I asked the insurance company to pay half the report cost and they did.

Appraisal Dynamics
3820 Wesley Ct
Colorado Springs CO 80917
719-591-1025
[email protected]

 

[OrbiterTI4]

So, I'm not a lawyer, but I don't think you sue the insurance company. You sue the person who hit you.

Correct, in most cases you file against the insured driver, who is then defended by the insurance company (either via in-house staff or a contracted legal firm).

 

[Verranzo]

Your car is a long way from home if you're still living in Seattle! Lol.

I used Appraisal Dynamics in Colorado Springs. His name is Bob Capraro. If you talk about model trains with him he might give you a discount! Haha. Anyways, it costs about $400 for a report and he doesn't need to see the car. He just needs the repair order after everything is done and your happy with the repairs. I got $4800 DV from $11,000 in damages. I asked the insurance company to pay half the report cost and they did.

Appraisal Dynamics
3820 Wesley Ct
Colorado Springs CO 80917
719-591-1025
[email protected]

I moved here ~6 months ago. Guess I should update my profile on here.....

Luckly, my accident was very minor, so far looks like ~3k to repair. I'll certainly look into it, but not sure if it's even worth the effort in my case.

 

[Alset4S]

I moved here ~6 months ago. Guess I should update my profile on here.....

Luckly, my accident was very minor, so far looks like ~3k to repair. I'll certainly look into it, but not sure if it's even worth the effort in my case.

I'm in the same situation. Minor damage to rest bumper on my 2016 S. Repair was $1,600 and change. My concern is when I sell the car in a few years I'll take a hit when Carfax shows accident.

How likely and how much?

 

[Colorado_Mike]

Not to hijack this thread too much, but my model S is currently at Stuttgart from getting rear ended few months ago. (Hoping it'll be a quick repair, but expecting the worse atm). Anyway, any suggestions on where to get a good DV claim amount? All new to me and rather not use some random Google link.

Cheers

Not sure why I stopped getting emails on updates, didn't realize there was so much activity.

I used:
Todd Smith, Owner
Pro Appraisal / Fleet Specialists
10940 S Parker Rd #734
Parker, CO 80134
303-810-3827
303-459-7564 e-fax

I used the emailing address [email protected] but see in my most recent correspondence that they have a new email: [email protected]

It cost me $300.00. I dealt with Todd over email and phone but Todd did drop by Stuttgart to take pictures and look at the car between when the car was completed and when I was able to pick it up. His report was really good, gave details on how all the numbers came about so I feel real good about being able to bring this to court if needed.

After talking to a lawyer friend, he recommended that I represent myself in court as hiring a lawyer would eat significantly into the money recovered and he pointed me to Colorado Judicial Branch - Self Help - Forms - Money Cases Cases for $25,000 or Less for a good starting point. Also, I would be sueing for the full amount that I am demanding of ~$14k not just the difference between DV and Loss of Use. This does not include the $20K that my insurance had to pay, which they will subrogate separately. Since it is ~$14k it's no longer in small claims but according to the the website above I can represent myself and the paperwork seems to be straight-forward.

I'll take a couple days to read through the website and then file. Since the other insurance already agreed that they are liable for $6800, I can't see the court deciding that they owe less than that.

 

[weradln]

Stuggart did an excellent job replacing both the rear bumper, driver side rear quarter panel, and minor bending of the hatchback back into it's original shape on my model S. Got it done in two months and there was no degradation of the battery so I assume they kept it charged. Only issue is they charged about 50% more per hour than the rate the insurance company would pay so had to chip in about $2K out of my pocket.

 

[Alset4S]

Stuggart did an excellent job replacing both the rear bumper, driver side rear quarter panel, and minor bending of the hatchback back into it's original shape on my model S. Got it done in two months and there was no degradation of the battery so I assume they kept it charged. Only issue is they charged about 50% more per hour than the rate the insurance company would pay so had to chip in about $2K out of my pocket.

I'd be looking for a new insurance company

 

[Colorado_Mike]

Stuggart did an excellent job replacing both the rear bumper, driver side rear quarter panel, and minor bending of the hatchback back into it's original shape on my model S. Got it done in two months and there was no degradation of the battery so I assume they kept it charged. Only issue is they charged about 50% more per hour than the rate the insurance company would pay so had to chip in about $2K out of my pocket.

Agreed, I would fight the insurance company on that. Originally my insurance quoted a labor price lower than Stuttgart's price, but I told them that there was no-one else that is allowed/able to do the work so that was market price for labor on Teslas. They understood and quickly agreed with the new labor prices. From Tesla's website, there is only 5 (now 6 as Rickenbaugh just got added) and 3 out of the 5 wouldn't do the work, so we are stuck with either Stuttgart or Prestige, which both have high labor prices. Not sure how "done" you are with the process but may be worth a little effort to prove market labor prices.

 

[Colorado_Mike]

The Saga Ends

I talked to a lawyer, paid $200 for a letter to be sent to the other insurance company and all follow-ups. During initial consultation and was quoted:
-1/3 difference after settlement/judgement
-$1500 minimum (even if I court awards me $0).

I had all intentions of going through with the court case after the other insurance return with "standing by their original settlement offer" but the lawyer had very spotty communication (I would have to leave voicemail call/email 4-5 times and before I would get a reply from the lawyer or his assistant). After being told a coupe times that I would get some more information about moving forward with some deadlines of lawyer/assistant contacting me, I realized the case wasn't important to them and decided that I had had enough, so I accepted their original settlement.

Just got a direct deposit for my car rental cost, deductible and $3K of diminish value.

 

[OrbiterTI4]

The Saga Ends

I talked to a lawyer, paid $200 for a letter to be sent to the other insurance company and all follow-ups. During initial consultation and was quoted:
-1/3 difference after settlement/judgement
-$1500 minimum (even if I court awards me $0).
...
Just got a direct deposit for my car rental cost, deductible and $3K of diminish value.

Sorry to hear about the lack of any gain from the original offer, but congrats on the ordeal being over. Question about the numbers from your consult - was the lawyer saying you would pay him the maximum of ($1500,1/3 of judgment) or that his fee was $1500 + 1/3?

 

[Nrazar]

I hope I don’t get rear ended here now

 

[meomyo]

Man, you're in a tough tough spot. If I was you I'd call any attorney that deals with trucking accidents. Frank Azar "the strong arm" loves suing truckers. Not sure if he would do it because there were no injuries but it might be worth a shot.

I'd like to tell you this will be pain-free but this will probably be the most painful body shop experience you'll ever have. Just expect that your car will take 4-6 months to fix. This is due to all the backed up hail claims we've had this year. And I hope your insurance will cover your rental for the duration, not just 6 weeks. Since you already started the claim with them, might as well just finish off with them and not talk to the other company. Since you weren't at fault, the other party's insurance will cover your rental for the entire time it's not driveable. This alone should come close to totalling the car. My rental through Enterprise was $60/day. So you're looking at $15-20k in damages, plus $10k for a rental for 6 months. You won't really know until the initial estimate comes out of the body shop.

Stuttgart was stupid backed up with all the hail claims. It was a Tesla graveyard in their lot. I shed a tear for each car I saw sitting there not being driven. They have no room to store cars at their crappy location. I really hope Tesla gets their act together and starts pushing out parts faster.

no way i would leave my car at some body shop for 6 months outside in the conditions...I park at home in the garage and just cant see leaving it somewhere in a lot for 6 months..How would they charge it?