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Got rear ended - very minor damage - at fault party insurance is unresponsive

Discussion in 'Off Topic' started by TrooperCA, Jan 3, 2020.

  1. TrooperCA

    TrooperCA Member

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    I was hit on Thanksgiving day. The at fault party rolled into me. Very minor damage. No injury. Tesla first estimate was to replace the rear bumper for $1.100.00. I drive a 2019 White M3 AWD - Currently 10k Miles. (Delivery 9/19)

    The at fault party insurance is Infinity Insurance. The accident occurred in California my home state.

    I've done most of the reading I could find on the forum and online. The insurance company has cut me a check for almost $500 and basically stopped responding to any of my emails at this point. I only want to communicate through email as I want written records of all conversations. Reason for this is because I feel the claims adjuster assigned to my case is an amateur. His initial excuse for lack of communications was office was closed during the holiday.

    *I am able to choose any repair shop I want, the body shop will need to contact Infinity for any additional cost to repair.*

    1. I have PPF (rear bumper apron) installed on the rear bumper. I have provided a quote to the insurance company and they have not given me an updates for nearly 2 weeks. Quoted $75 to re-install.

    2. I wanted a car rental and emailed them to provide me a reservation. They also have not provided me any updates at this point. Since I have a second car at home, I think it is best to actual file a Loss of Use claim. Since they would only give me a standard car, while a Model 3 rental on Turo average is $144 (unlimited miles) before taxes and fees. I think I would get more money from filing a Loss of Use claim.

    3. I want to file a Diminished Value claim because I am just annoyed by the fact that they simply don't give a damn about my experience and time. Since the damage is so minor, is it worth filing. I've read people having success in Florida and Texas, but in California I hear it's a completely different game.

    If anyone has any experience with the above, hoping you guys can chime in. Thanks.
     
  2. VT_EE

    VT_EE Active Member

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    Go through your own insurance company and make sure you state the company has given you a preliminary $500. If you are not at fault, your rates should not increase as your insurance will be fully compensated.
     
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  3. Big Dog

    Big Dog Active Member

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    In CA, you are covered by CA law that says your own insurance company cannot increase your rates when the other guy is at fault. Stop wasting your time with the other carrier. Call your own insurer -- that's what you pay them for.
     
    • Like x 4
  4. neurocutie

    neurocutie Member

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    always confused by this... it seems like at least in some states, ANY claim you file with your own insurance company may cause a rate increase, or at least impacts your rating, regardless of fault. If they are able to recover 100% of the costs of the damage from the other party, of course they are "happier".
     
  5. Big Dog

    Big Dog Active Member

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    yeah, every state is different. There are at-fault states and no-fault states, and everything in between. CA may be unique -- dunno -- but we passed a Consumer-friendly insurance law (Prop #103) back in 1998, which precludes insurers for raising your rates when the other guy is at fault.
     
  6. boiler81

    boiler81 Member

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    Sounds like in this case, you may want to work through your insurance company. My insurance company indicated when my car was keyed, that I'd be better off handling it myself with the perpetrator (caught with help of sentry mode). Even though I wasn't at fault, any recorded claim with my insurance company could effect my rates in the future. Remember it will require time and resources from your insurance to handle this for you, and they likely would have to front the cost of repair (and rental?) while trying to recover from at fault company.
    Good Luck and I hope it works at best for you.
     
  7. robd

    robd Member

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    I was rear ended as well about a month ago. I’m going through my insurance company and they will subrogate the other company. My agent says my rates will not change Which I believe since I’ve had 3 no fault accidents in the last 3-4 yrs with no increase (I was stopped each time and hit from behind). Only downside is I have to pay the deductible and when they recover I get my deductible back which can take some time. But the upside is I don’t have to deal with the other insurance agency. You can also threaten to report them to the state insurance agency (Which in CA wields a lot of power)and then file with your own insurance.
     
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  8. Big Dog

    Big Dog Active Member

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    Also, don't forget that CA law also allows you to go to any licensed repair/body shop -- not just those "approved" by your insurer.
     
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    • Like x 1
  9. SoManyM3s

    SoManyM3s Member

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    Best course is usually to go through your insurance company.
     
  10. TrooperCA

    TrooperCA Member

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    Thank for your suggestions.

    However, If I wanted to claim "Loss of Use" and "Diminished Value", I'm not sure if I can claim them through Tesla Insurance. I've read that at least for Diminished Value, this claim can only be sent to the at fault party's insurance.

    Has anyone in CA successfully been able to make a Diminished Value claim?
     
  11. VT_EE

    VT_EE Active Member

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    I used my insurance (Geico) for the repair claims. Once that was complete I dealt directly with the at-fault's company for diminished value. Geico gave me the contact info for the other company to pursue my DV claim.
     
  12. SMAlset

    SMAlset Well-Known Member

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    That is my understanding too on diminished claims from past posts by those here in the same situation in Calif — only valid to do if you don’t go through your insurance but through at fault’s insurance. I believe there are a number of owners here who received the value. The ones I’ve seen have used a service that knows how to do diminished claims. Sorry can’t remember who however.

    Definitely don’t cash the check. That’s something insurance companies will do hoping you are desperate to cash it to fix car, get rental etc. and highly suspect there is language somewhere that it’s in full satisfction of the claim. Try a search for “diminished claim” and “California”. Sorry you are having to go through this hassle to get your car fixed and made whole.
     
  13. JetFalcon

    JetFalcon Member

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    So what percent of Tesla owners are gonna have an accident in their lifetime of ownership?

    So far, just one year of ownership I got dinged. It was a cheap repair though, thankfully. But still, kinda angry I tried parking far away from another car to not get dinged, to end up getting dinged by someone driving a long pick up truck. As I was parked in a corner spot where cars make right turns. I guess if you park in a corner spot, get closer to the other car, only one car that could ding you rather than several hundred cars on a busy day.
     
  14. JetFalcon

    JetFalcon Member

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    Something like this happened to my motorcycle, and I had to call the other guy's insurance.

    Took 2-3 weeks to get it resolved, having the insurance call me every other few days. Eventually they gave me a check for the value of the motorcycle.
     

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