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Let’s play is it totaled or not?
- Thread starter acarney
- Start date
Curious why this keeps being suggested? As nobody was injured and they had limited insurance coverage and the OP likely had uninsured motor coverage what value would you gain by paying a personal lawyer out of pocket? IF they other party has any money the OP’s insurance State Farm certainly has an army of lawyers to get their money back. You pay for insurance to Deal with events like this. A lawyer would only Share any gains recovered directly.
Yes, I’m curious at this point why that keeps getting mentioned… like there is some magic thing they would do…
I suspect her biggest asset was her car, which is likely worth less than she owes on it now. She’s 23 and lives in an apartment. Even if she’s working 40 hr a week, if she’s making minimum wage ($15.74) and they allowed 25% garnishment of wages, that would be $157/week which would take almost 34 weeks just to make up the difference to the initial estimate… if that estimate grows to $20k once they start work… it would take well over a year to recover that from her. That’s assuming the state doesn’t have some threshold of income before garnishment kicks in. That she doesn’t just move back with parents and quit her job or drop her hours drastically thinking it’ll just go away after awhile. AND, she does know where I live, so I could potentially be risking a brick through my window in the middle of the night or something… Plus I believe I would have to float the repair costs myself going that route. I actually could afford to do that, just it’s a lot of risk to carry.
If I go through my insurance now, they’ll get the $10k from progressive, State Farm will then pay the rest using my underinsured coverage to repair my vehicle. I’ll get at least $1000 towards my rental covered. Then they can go after her via subrogation, which I hope they do, she should learn a lesson and be responsible. But I wouldn’t be surprised if they just wrote it off because again, how likely are they to get their money back.
The only thing that really makes me upset is my rates potentially increasing. I have great rates. I’m probably determined as a safe driver, no tickets in over 15 years, first ever accident (and it at fault), etc. BUT, I know insurance isn’t in the business of paying out… so they’ll probably do something to recover cost. I can afford to keep driving the Tesla is rates double or something, but it’ll hurt me every time I think about it. I’ve been so happy that ~$406 covers me for six months and I’m basically maxed on coverage with $500 deductible. Like I don’t even think about adjusting my coverage or shopping around based on that rate. It also makes my total ownership of the Tesla dirt cheap.
I suspect her biggest asset was her car, which is likely worth less than she owes on it now. She’s 23 and lives in an apartment. Even if she’s working 40 hr a week, if she’s making minimum wage ($15.74) and they allowed 25% garnishment of wages, that would be $157/week which would take almost 34 weeks just to make up the difference to the initial estimate… if that estimate grows to $20k once they start work… it would take well over a year to recover that from her. That’s assuming the state doesn’t have some threshold of income before garnishment kicks in. That she doesn’t just move back with parents and quit her job or drop her hours drastically thinking it’ll just go away after awhile. AND, she does know where I live, so I could potentially be risking a brick through my window in the middle of the night or something… Plus I believe I would have to float the repair costs myself going that route. I actually could afford to do that, just it’s a lot of risk to carry.
If I go through my insurance now, they’ll get the $10k from progressive, State Farm will then pay the rest using my underinsured coverage to repair my vehicle. I’ll get at least $1000 towards my rental covered. Then they can go after her via subrogation, which I hope they do, she should learn a lesson and be responsible. But I wouldn’t be surprised if they just wrote it off because again, how likely are they to get their money back.
The only thing that really makes me upset is my rates potentially increasing. I have great rates. I’m probably determined as a safe driver, no tickets in over 15 years, first ever accident (and it at fault), etc. BUT, I know insurance isn’t in the business of paying out… so they’ll probably do something to recover cost. I can afford to keep driving the Tesla is rates double or something, but it’ll hurt me every time I think about it. I’ve been so happy that ~$406 covers me for six months and I’m basically maxed on coverage with $500 deductible. Like I don’t even think about adjusting my coverage or shopping around based on that rate. It also makes my total ownership of the Tesla dirt cheap.
Try not to over think it (bricks, other driver, etc). An accident is never fun nor productive but it happens. Doubt you will see an increase but the simple solution would be to simply ask your insurance company. You paid for Years of non use service seems that’s what they are there for vs theorizing over unknowns.
The reason I firmly stand by my suggestion to see a lawyer is simple - and let me preface this by saying I never thought I’d say this and don’t want any part in contributing to overly litigious society- but when you’re in this situation and you’re not at fault what I have learned the hard way from my own experience and from talking to others is that you have to realize NO ONE is on your side and it’s not about fairness or making you whole or replacing what was lost -it’s about how can the insurance companies settle this in as cheap a way as possible. So that’s why consulting an attorney who works on commission from any settlement makes sense. You don’t have to pay for the attorney unless there’s a settlement and then you at least get one person on your side and there’s some change you’ll get back the value of what was lost. Every case is different but please don’t kid yourself into thinking anyone you’re dealing with gives a damn about making sure you don’t have to go out of pocket from an accident that you didn’t cause because they don’t care- the fact is the cards are still stacked against you even when you’re not at fault
Sure, I get that. But what could they bring me extra? If Progressive pays out $10k to State Farm, and then State Farm picks up the rest and restores my Tesla to the condition right before the accident…. What else could I get?
If it’s a diminished value claim, wouldn’t that now have to come from my insurance? I don’t want to become uninsurable because I try to bleed them dry. It’s great to get $7k or something but not at the expense of major companies not touching me for coverage or something…
Other than that, it might just be the rental that I’m out of pocket on. I can’t imagine an attorney would take a case if it’s about $1k to $3k of rental fees…
Now if there was a way that if I lawyered up and could go after Progressive (her insurance) somehow and get more than her state minimum coverage… that might be worth my time.
I just don’t see what might come from this if I ultimately can get my car repaired. They’re already going with the shop I wanted (a Tesla approved one) and it turns out that it’s in State Farm’s network, so I would assume they’ll likely approve whatever estimate ultimately comes when the shop starts to work on my vehicle.
I was fully ready to lawyer up to extract as much out of the other company, including diminished value and equivalent rental, as I could… but if that’s absolutely shut down behind legal immunity of “state minimum,” I’m just not sure what I can get out of it?
I’m not trying to be a pain, I’m honestly just not understanding this specific solution.
I see what you’re saying but I still see a lot of unanswered questions and hopeful assumptions- so why not consult with an attorney and at least ask them what they can do for you in this case? It’s hard for me to give you more specific details because I’m not an attorney- I’m only speaking from my experience and others I’ve spoken to who’ve gone through similar situations when I say that the system isn’t designed to get you the best deal and we all benefitted from having a lawyer on our side. And that’s the best advice I’ve got - only trying to be helpful because it took some coaxing for me to go that route too, but I’m glad I did.
What type of attorney would you suggest I talk to? Accident and injury firms really seem to lean on the injury part, which I don’t have. Would they still be the ones to talk to? Or someone else?
Also, any recommendations on charge level? I’m hoping to get the car picked up Tuesday… the shop does have Tesla chargers and is aware of low battery levels. They said owners usually keep an eye via the app and just give them a call when it’s like 10% or something, but I would like to avoid doing that as much as possible.
With sentry mode off, my car seemed to only drop maybe two or three percent in a week, which I think is fantastic. I figure the shop will have a somewhat secure lot (at least cameras) so I probably will leave sentry mode off… I’m thinking charging to 95% so it doesn’t sit too high for too long. Probably would take a week or two for it to drop into the 80% range… think that’s stressing the battery too long above 90%?
For reference, my day to day is 75%. I never charge to 100% even on road trips and instead usually top off to 95% at home but depart within 4 or 5 hours… so the car rarely sits above 90%. Baby the heck out of it…
Well this is a little concerning… didn’t send a flatbed for my tow even though I said it’s electric and all wheel drive… the guy swears he’s done 6-7 Teslas in the last couple months alone and has “high speed dollies” for the rear wheels…
I tossed it into transport mode on the service screen, which essentially just makes it free rolling… kinda hope this guy knows what he’s doing since it’s being towed ~130 miles… securing the wheels down to the dollies with straps… guess this all looks ok
We’ll find out if the car is dead by the time it gets to the collision center… or falls off on the way there or something… man I’m stressed, lol
I tossed it into transport mode on the service screen, which essentially just makes it free rolling… kinda hope this guy knows what he’s doing since it’s being towed ~130 miles… securing the wheels down to the dollies with straps… guess this all looks ok
We’ll find out if the car is dead by the time it gets to the collision center… or falls off on the way there or something… man I’m stressed, lol
You won’t be able to go after her insurance company. They have a responsibility to her (their insured) and will pay out the agreed upon amount, sadly only $10k. At that point, they are done.
You really have two options, hire a lawyer to go after her personally OR file through your Underinsured coverage. It will be cheaper for you to file through your own insurance, but if you enjoying banging your head against the wall….
You really have two options, hire a lawyer to go after her personally OR file through your Underinsured coverage. It will be cheaper for you to file through your own insurance, but if you enjoying banging your head against the wall….
gx9901
Active Member
I’m wondering what’s the reason to get anything more than the minimum liability insurance. I guess it’s to avoid potentially getting sued directly by the other party? But it sounds like that may not be worth it for the other party in many cases?
WHOA! Just got a payment from State Farm (my insurance) for the FULL amount of the rental car cost! It’s listed as “Uninsured Motorist Property Damage, Rental Reimbursement” and is 100% of the rental (Tesla Model Y via Hertz) and is above my rental coverage ($1000 max & 80% of daily amount).
So… the gamble of staying away from a shitbox has worked out so far, lol. I wonder if I’ll be able to get the extension I’ll need covered as well… if not, still, if the shop is somewhat accurate with the time table it would be only ~$500 out of pocket for the Tesla (or maybe a Polestar if I feel like it).
Shocked so far.
(Also picked up ~$20 in credit card rewards and almost a two day free rental, lol)
So… the gamble of staying away from a shitbox has worked out so far, lol. I wonder if I’ll be able to get the extension I’ll need covered as well… if not, still, if the shop is somewhat accurate with the time table it would be only ~$500 out of pocket for the Tesla (or maybe a Polestar if I feel like it).
Shocked so far.
(Also picked up ~$20 in credit card rewards and almost a two day free rental, lol)
You have insurance to protect yourself financially. In the case here, the other driver had minimum limits. She is still responsible for all of the damages. Using round numbers, there was $60k in damage done through her fault. She had herself covered for $10k. She is still responsible for the other $50k. If she has that $50k, State Farm will go after her for it. If there is nothing to get, State Farm won’t bother.
So why would you get more than minimum limits? To protect that $50k you do have.
gx9901
Active Member
That makes sense. Although it seems like the driver at fault in this case could get off without being responsible for much other than perhaps increased insurance premiums.
Or maybe she just doesn’t have the means to pay for more than minimum insurance. Some people aren’t as fortunate as those of us whining about first world problems in a Tesla forum.
It bugs me a little when their coverage for other people they might affect is less than half what their car costs. I 100% get people that can barely afford this world. They shouldn't be out there forced to get $100k of coverage for someone else's expensive car... but maybe like 2x the value of your car, or 3x or something. You have a cheap used $5k car, sure, get $10k of coverage. You have a brand new $22k car... well now you need to buy $40k or something. Would be really hard to get a system like that in place probably... but man it's frustrating.
To answer why go above minimums... I don't think there really is any reason, if you're low income without assets. If you have a $15k car and live in an apartment and make $16/hr... there is zero reason to go above. If you make $75k a year and have a decently expensive car and house and some money in savings... well, someone is likely to go after you personally and instead of having an insurance company standing in-between, it's you vs the other company.
I highly doubt State Farm will go after them in the long run... maybe scare them a bit by starting it but then dropping it once they realize there isn't much to go after. Being garnished $40 a week for five years or something would seriously suck for someone low income... but I'm not sure State Farm would go through the effort for that amount... and I'm not sure where the limit is on what courts will award when someone is already making low income. Then the person also could just move back in with parents or a friend or something, drop their hours to 20 a week since they're "working to have it taken away" and just barely have enough for food, cell phone, and their car and maybe the garnishment is put on pause because their income is so low or something.
That's why you have under/uninsured coverage, I specifically made sure I carried above the value of my Tesla (at the time $72k, I have $100k coverage because I think my options were $50k or $100k) so I'll be covered... it just make me damn nervous becoming "expensive" for my insurance company. Even if they say *this* won't increase my rates... you have no idea on the backend what kind of stuff goes into the equation to determine rates. Sure, the payout might not factor in, but being in an accident that was deemed "serious" or something by total dollar value of repair might then give me a modifier that makes me slightly more risky or something and then THAT increases rates. State Farm could say "well it wasn't us paying out that made the rates go up, we're here for you and that's why you're covered!" but instead "well we had a report of $25k of repairs and costs on a vehicle that cost $55k (or whatever the Model Y P is down to now) and we deem that as a serious accident, statistically even if it's not your fault we find people that have been in pervious accidents are more likely to be in a future accident blah blah blah..."
I was hoping to keep as much as possible off my record with State Farm and channeled directly through the other parties insurance. State Farm was aware I was involved in one, but I would be totally happy if they thought it was slight paint damage to the fender or something and I blew it off, etc.
Anyway, I'm just happy my car is in the shop. I'm happy the shop is going to try to include the PPF in their estimate which makes it seem less of an optional accessory, and I'm happy 100% of my initial non-shitbox rental has been covered! Progress... now I wonder if I still try to go after a DV claim... I know this will kill my trade in (not that I plan to trade in, next on my list is a house and I need to stop playing the car game and keep switching vehicles!), but it still hurts knowing I might be 40% lower in value than anyone else with a vehicle similar to mine that is trading in...
gx9901
Active Member
You should probably ask someone who does DV estimate reports about that. Not sure if the fact that the other driver only have $10k of liability coverage affects it or not, but you should at least find out if you could obtain any compensation for DV from the other insurance company.
