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Just Got Rear Ended- Need Some Advice

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so over labor day weekend, some hillbilly redneck rear ended my new 85D with 2002 Sebring while I was sitting stationary in a parking lot. Luckily there wasn't sever damage, but she originally refused to give me her information because there wasn't anything visible. Upon further inspection, her license plate screws cracked my bumper in two places and did some deep scratches.

Side note- I had to call the cops because she refused to share information, when the state trooper arrived on site, we spent 10 minutes talking about the car because he was in awe :)

My question- I've noticed others on this forum have gotten quotes for $1000+ to replace the bumper. I'm confident she'll have to use insurance to pay, which means it will get documented and drag my car value down, so we both lose. Any advice out there on how to handle this? For the record, we both have the same insurance agency which probably doesn't help.

Any and all advice is greatly appreciated!

I haven't gotten a quote or dealt with mine yet (kind of dreading it), but I did ask my insurance company about a DVC (diminished value claim). Unless you ask for it, nobody will suggest it, but if you do your insurance company will file one against the other insurance company (or yours in this case). I've heard you need a third-party appraiser to give an accurate estimate of the value lost by the accident. I've heard it can be a portion of the cost of the damage, but that seems inaccurate given that the value of the car would go down less than the cost of the accident.
 
I just literally finished negotiating my diminished value claim yesterday from an accident back in May. Look for my other thread on it.

I have a bit of experience in this in that I'm an insurance agent, and my own 85D (that was 6 days old) was backed into in a parking lot. Diminished value is a must, and if you don't ask for it...they won't give it. And when you ask for it, they will come up with a super low value, expecting you to negotiate. You'll need an expert appraisal, and of all my research the best guy I could find was Petty Details, LLC. at Diminished Value Home - Petty Details, LLC. I can personally vouch for them because yesterday he spent about 30 minutes on the phone (months after I paid for his services, which were very reasonable, about in line with that Rockster said) with me and the adjuster at the other insurance company. I would've been completely outgunned (and I'm even in the business) without his rebuttal to whatever the insurance company's adjuster said.

All in all, here was my damage:
IMG_20150501_160243359.jpg

Right about $10,000 in repair bills (new quarter panel and bumper), and I recovered $10,600 in diminished value.

Good luck and let me know if you have any questions about my process.

- - - Updated - - -

I haven't gotten a quote or dealt with mine yet (kind of dreading it), but I did ask my insurance company about a DVC (diminished value claim). Unless you ask for it, nobody will suggest it, but if you do your insurance company will file one against the other insurance company (or yours in this case). I've heard you need a third-party appraiser to give an accurate estimate of the value lost by the accident. I've heard it can be a portion of the cost of the damage, but that seems inaccurate given that the value of the car would go down less than the cost of the accident.

By the way, you will not likely be able to recover diminished value if it was your own fault. As far as asking your insurance company to pay for your claim and then subrogate against the other, that can be iffy. We always try to get our insureds to deal directly with the other party's insurance carrier (if you know who that is and if they are cooperating). If the other insurance company is playing hard to get, then by all means, file it on yours and let your insurance company go after them. However, you'll be out your deductible, rental, etc. and won't be reimbursed until your insurance company recovers from the other one. Then for the time being, you have a claim on your record. And then when it comes to diminished value, I don't even see how you could ask your own insurance company for that because that is an ambiguous figure that the other insurance company may not agree with. Just my two cents on this issue.
 
I'll chime in by saying that Rockster was right on with his recommendation of St. Lucie Appraisal for the diminished value. Don't know if he eventually hired them or not but we received exemplary service from them. We learned a lot during the process and even though our car was badly damaged, even a small impact like yours could end up causing diminished value well into the thousands of dollars, not to mention loss of use.
 
Got the formal estimate from the repair shop... looks like bumpers have gone up in price since the last posting- $2200 for the bumper replacement and paint matching. Glad i'm not paying!

I had a quick call with St. Lucie Appraisals and he was very helpful and informative. I learned that you can make the depreciation claim after the repairs are done, and there are statute of limitations depending on your state (I think VA is a year from the repair). Another interesting note, the shop suggested there wouldn't be a diminishing value claim because it's a bumper replacement (aka cosmetic) and not a repair.

Now off to call the insurance company... let the fun begin!
 
By the way, you will not likely be able to recover diminished value if it was your own fault. As far as asking your insurance company to pay for your claim and then subrogate against the other, that can be iffy. We always try to get our insureds to deal directly with the other party's insurance carrier (if you know who that is and if they are cooperating). If the other insurance company is playing hard to get, then by all means, file it on yours and let your insurance company go after them. However, you'll be out your deductible, rental, etc. and won't be reimbursed until your insurance company recovers from the other one. Then for the time being, you have a claim on your record. And then when it comes to diminished value, I don't even see how you could ask your own insurance company for that because that is an ambiguous figure that the other insurance company may not agree with. Just my two cents on this issue.

It wasn't my fault.

When I've been hit in the past my claims adjuster deals with all of it for me. I haven't done a DVC so maybe that part will be different. They told me that they won't pay it, but if I want one they will pursue one with the other company.
 
Got the formal estimate from the repair shop... looks like bumpers have gone up in price since the last posting- $2200 for the bumper replacement and paint matching. Glad i'm not paying!

I had a quick call with St. Lucie Appraisals and he was very helpful and informative. I learned that you can make the depreciation claim after the repairs are done, and there are statute of limitations depending on your state (I think VA is a year from the repair). Another interesting note, the shop suggested there wouldn't be a diminishing value claim because it's a bumper replacement (aka cosmetic) and not a repair.

Now off to call the insurance company... let the fun begin!

So little damage that it is only cosmetic would be good news. Unfortunately, there's a chance that the impact was hard enough to cause various types of structural damage, which would definitely diminish the value of the vehicle, not to mention make it less safe and less maintainable, and repairs would be costly, and not get it back to like new. Just be aware of this in case the insurance agent is trying to send you to a body shop that is paid to overlook structural damage.
 
It wasn't my fault.

Right, I understand, I was just mainly putting that out there for others. I did a poor job communicating that. I mainly just wanted someone else who might be reading it who just backed into a post, they might as well forget getting any DV on that claim.

In yours in particular, if that has always worked out filing through your own (even when it wasn't your fault) and letting your company subrogate, then by all means go for it. But on my side, I do know that sometimes it can complicate things when trying to move you to a different company when your CLUE (claim) report comes back with some claims that may not be your fault. Even if they are zerod out as a "no pay" claim (after your company has recovered from the other company), then it requires documentation and some extra steps to verify those facts when moving to another insurance company so you aren't charged for those accidents.

To each his own! Good luck with any DV claims. It is certainly not an exact science and there is some negotiating required. The company I was working with went from "Yeah, we didn't find any diminished value on your particular claim, sorry." To, "We'll offer $10,600".
 
Right, I understand, I was just mainly putting that out there for others. I did a poor job communicating that. I mainly just wanted someone else who might be reading it who just backed into a post, they might as well forget getting any DV on that claim.

In yours in particular, if that has always worked out filing through your own (even when it wasn't your fault) and letting your company subrogate, then by all means go for it. But on my side, I do know that sometimes it can complicate things when trying to move you to a different company when your CLUE (claim) report comes back with some claims that may not be your fault. Even if they are zerod out as a "no pay" claim (after your company has recovered from the other company), then it requires documentation and some extra steps to verify those facts when moving to another insurance company so you aren't charged for those accidents.

To each his own! Good luck with any DV claims. It is certainly not an exact science and there is some negotiating required. The company I was working with went from "Yeah, we didn't find any diminished value on your particular claim, sorry." To, "We'll offer $10,600".

quick update- it took me until December to finally get my car fixed and back to 100%, but the suffering is over. I sent in a DV claim to USAA (my insurance) and w/o any interaction or discussions they sent me a check. It wasn't much (let's just say it was 1% the value of the car) but I was surprised I didn't have to put up a fight and a check came w/o any discussions. Thought some folks might find that helpful.
 
I will break up on the topic of diminished price as a result of I am within the same boat. Some inattentive half-wit hit the rear of my Model S on Wed whereas my spouse was driving and broken the rear bumper space. The automobile has solely 12,000 miles on that thus we tend to area unit beyond any doubt reaching to pursue a diminished price claim. From my analysis so far on the topic, I've learned:

-A successful diminished value claim will likely require a specific diminished value appraisal from an entity skilled in doing so. The three that I've found thus far are autoloss.com, stlucieappraisal.net, and Diminished Value and Total Loss Claim Experts - Infinity Appraisal Group Inc. I'm sure there are others, too, and I'm not endorsing any of these three because I haven't engaged any of them yet but I do note that St. Lucie has some positive reviews on Yelp and elsewhere and the guy I talked to was a nice guy on the phone,. so I'll probably start with them.
-It's best to totally document the injury via photos, injury estimates, and therefore the completed repair work before participating a diminished worth appraiser. This avoids any scenario wherever the diminished worth appraisal should be redrafted as a result of extra injury was found throughout the repair method.
-After the repairs are completed to your satisfaction, the DV appraisal company can need a copy of the repair estimate/invoices, photos, and a duplicate of your car's window sticker to point out original choices, pricing, build date, etc. From this, and extra research, they're going to prepare a diminished worth appraisal.
-With the DV appraisal in hand, you will approach the insurance firm together with your diminished worth request. it is best to possess variety in mind and request that quantity instead of allow them to begin the method with their doubtless approximate figure.
-Depending on the insurance firm they will agree outright, refuse outright, give you less and drag negotiations out till you sue, or anyplace in between. It's nearly in no way attending to be a quick method. I am making ready myself for the insurance firm to confirm that the method is drawn out and frustrating.
-Some have according that they ultimately should file a claim against the opposite driver in their state's little claims court to force the insurance company's hand, since insurance corporations are needed to defend their insured in such suits. In one posting I saw, the insurance firm dragged the negotiations out till the day before the trial date so settled for the whole quantity the person was seeking. The success of this approach can depend on the dollar limits that your state's little claims court imposes. In Texas, for instance, the little claims court limit is $10,000, thus it's doable that one's diminished worth may fall at intervals that limit.
I arrange on obtaining 2 or 3 appraisals (I've seen them vary from absolve to $300 or additional, relying upon the corporate and therefore the add-on services one purchases together with the appraisal) to be thorough and to strengthen my case.
 
We got rear ended 20 months ago by a guy on a Harley and had the rear bumper replaced by Tesla's "corporate" body shop in Walnut, CA. They were AWESOME !!! They had our car out in ~ 5 business days and had the "at fault" insurance company pay the entire $2,038 repair cost + Enterprise rental car.

I didn't bother with a diminished value ("DV") claim since the damage was minor, the hassle of getting a DV appraiser and fighting the insurance company wasn't worth the time my time is valuable and avoiding stress is healthier. PLUS the Harley rider was super nice and it was literally JUST AN ACCIDENT... not him being irresponsible. No reason to make his life more miserable. Think if you'd had a momentary attention lapse and bumped into a car in front of you. Would you want THEM to sue YOU for DV for what is almost assuredly a small repair in addition to getting your car repaired? Also keep in mind the more you get from insurance companies the more your insurance will go up.

I'd also been on the receiving end of an ASSHAT who I rolled ~ 3 feet into his rear bumper at a stop light when I didn't have my foot firmly on the brake. ZERO damage to his car... and the only damage to my BMW 740iL was my $2.00 plastic license plate frame cracked. The ASSHAT threw a fit and claimed whiplash, which turned my bumper touch into a legal battle my insurance company decided to pay... Leaving me with HIGH insurance rates for years because of my AT FAULT "injury accident". Why would I want to be that ASSHAT ???

Obviously other TMC members will disagree but somebody has to say what the "silent majority" is thinking.

Get your car fixed and move on. Life is complicated and short enough.

PAY IT FORWARD

Treat others like you'd want them to treat you.

Pictures from my rear end accident

. IMG_0218.JPG IMG_0219.JPG IMG_0061.JPG
 

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