Let's play "The Price is Right"....FML

[SDRick]

Any update?

 

[SamCoffey]

$38,761.85 and 9 weeks.

I am an attorney that handles diminished value claims and I am aware of insurance company tricks and how they hide the ball with somebody after an accident.

If they don't total the car then tell them up front that you intend to make a diminished value and loss of use. This will add lots of money to the insurer's bottom and in a close case they may total the car to "save" money. The following suggestions are options that you may or may not know about when it comes to property damage after an automobile accident and I realize that OP had lead time from the date that the car was ordered to the delivery date that may make some of the options below less appetizing.

If the insurer still opts for repair then make a diminished value claim and loss of use claim. It is important to understand that you have options: (1) you can pocket the property damage payment, diminished value payment and loss of use payment without repairing the car and list the car for sale rather than repairing and get yourself into a new car that has not been in an accident; (2) you can have the car repaired and pocket the diminished value payment and loss of use payment and list the car for sale; or (3) you can you can have the car repaired pocket diminished value payment and loss of use payment and continue drive the car. If you exercise the third option make sure to make as many supplemental claims if everything is not 100% against the other insurer and do not sign anything waiving your rights until you are satisfied or nothing else can be done.

We handle most cases on a contingency fee basis and advance the costs of experts and litigation if necessary. If you ever want free advice concerning handling a diminished value claim shoot a post and we can discuss on the telephone. Good Luck!

Sam Coffey, Esq.

 

[davidc18]

$38,761.85 and 9 weeks.

I am an attorney that handles diminished value claims and I am aware of insurance company tricks and how they hide the ball with somebody after an accident.

If they don't total the car then tell them up front that you intend to make a diminished value and loss of use. This will add lots of money to the insurer's bottom and in a close case they may total the car to "save" money. The following suggestions are options that you may or may not know about when it comes to property damage after an automobile accident and I realize that OP had lead time from the date that the car was ordered to the delivery date that may make some of the options below less appetizing.

If the insurer still opts for repair then make a diminished value claim and loss of use claim. It is important to understand that you have options: (1) you can pocket the property damage payment, diminished value payment and loss of use payment without repairing the car and list the car for sale rather than repairing and get yourself into a new car that has not been in an accident; (2) you can have the car repaired and pocket the diminished value payment and loss of use payment and list the car for sale; or (3) you can you can have the car repaired pocket diminished value payment and loss of use payment and continue drive the car. If you exercise the third option make sure to make as many supplemental claims if everything is not 100% against the other insurer and do not sign anything waiving your rights until you are satisfied or nothing else can be done.

We handle most cases on a contingency fee basis and advance the costs of experts and litigation if necessary. If you ever want free advice concerning handling a diminished value claim shoot a post and we can discuss on the telephone. Good Luck!

Sam Coffey, Esq.

This is a lot of very useful information. Seeing how people drive down here in S. FL, I figure it is only a matter of time before this happens to me as well. My guess is that the car is totalled and if it was mine, I think I would go for option 1 above. Heartbreaking to see your car in those picture. Glad you are all safe.

 

[demundus]

$38,761.85 and 9 weeks.

I am an attorney that handles diminished value claims and I am aware of insurance company tricks and how they hide the ball with somebody after an accident.

If they don't total the car then tell them up front that you intend to make a diminished value and loss of use. This will add lots of money to the insurer's bottom and in a close case they may total the car to "save" money. The following suggestions are options that you may or may not know about when it comes to property damage after an automobile accident and I realize that OP had lead time from the date that the car was ordered to the delivery date that may make some of the options below less appetizing.

If the insurer still opts for repair then make a diminished value claim and loss of use claim. It is important to understand that you have options: (1) you can pocket the property damage payment, diminished value payment and loss of use payment without repairing the car and list the car for sale rather than repairing and get yourself into a new car that has not been in an accident; (2) you can have the car repaired and pocket the diminished value payment and loss of use payment and list the car for sale; or (3) you can you can have the car repaired pocket diminished value payment and loss of use payment and continue drive the car. If you exercise the third option make sure to make as many supplemental claims if everything is not 100% against the other insurer and do not sign anything waiving your rights until you are satisfied or nothing else can be done.

We handle most cases on a contingency fee basis and advance the costs of experts and litigation if necessary. If you ever want free advice concerning handling a diminished value claim shoot a post and we can discuss on the telephone. Good Luck!

Sam Coffey, Esq.

An excellent reply! Not many know these options exist. Thanks for offering such a kind service to the OP



I used to be in the partial/total loss software adjustment business. Depending on the adjustment software used (Tesla has only partnered with one in the industry), your repair rate could be as good as a thumb in the wind. If you want confirmation from me, ask the appraiser "what estimating software do you use" and relay the answer to me in a PM and I will confirm if the software is the one used exclusively for Teslas; this will help you a little in the negotiating process ("Your estimating service does not officially partner with Tesla, and thus, cannot know the true cost of OEM certified repairs which are crucial to Tesla residual values").

My guess is going to be 45K, and they will attempt to total the car. Infact, this car is going to cost them a boatload, and here's why:

Their FNOL (first notice of loss) team on the phone, whom you called after the accident, probably asked you things like "Did the airbags deploy, was there broken glass?" etc; Since none of those things are true, it probably skirted a total loss over the phone. Now they had to tow it to a certified Tesla repair shop, whos going to charge them out the nose for storage, and then hit them with an absurd repairable estimate + Tesla parts shipped from CA. They'll do another appraisal and then total the car, and attempt to settle with you for far less than the car is worth. This will incur more storage costs and staff hour costs. You'll finally settle and they'll have to tow the car to a salvage yard, and attempt to recoup the difference between what you hardballed on your $$ and what they've had to pay out.

Starting to veer off topic, but I just want to say, having been in the industry right when Tesla hit the market... In the end, over the course of a few more years (especially with the X now), insurance companies are going to start looking at us Tesla owners as one of the largest liabilities on their balance sheet. I believe that they may refuse to insure our vehicle, much like some exotics. And that's going to suck