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Model 3 - Accident, Frustration, and Looming Repairs

zswilliams

Member
Dec 13, 2015
54
85
United States
So glad that you and your family are all ok. The damage done to your Tesla and the costs to repair it are much cheaper than ambulances or air evac flights. I lost my older brother to a traffic accident, and I’d happily trade my M3 for just a few hours with him. It’s a hassle dealing with insurance and everything, but the energy absorbed at 30/40 MPH is simply incredible. I’m so glad you’re all ok. Perspective!
Sorry for your loss. :(

The car took the energy and sent it around the passenger cabin. For the speed, we had some seatbelt brusing and that was it. Absolutely lucky.

That said, I think it's trash that I have to haggle with the repair shop. Insurance companies need to do their due dilligence for sure, but ultimately, they have to make me whole. Even so, the insurance company will be subrogating against the at fault insurance company, so they are going to get a substantial amount of what they paid back. So I think it's crazy that I had to spend 3 more hours of my time on the phone today sorting out a billing spat between my insurance company and the repair shop.
 
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Zoglog

Member
May 18, 2018
179
78
USA
sucks. Happened in a similar fashion to my brother when he went to germany to do european delivery of his BMW M3. BMW tow truck side swiped him less than a mile out.
 
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Jaywlker

Former Vendor
Nov 8, 2018
287
163
North Scottsdale
sucks. Happened in a similar fashion to my brother when he went to germany to do european delivery of his BMW M3. BMW tow truck side swiped him less than a mile out.
I hope he was ok? My brother’s accident was a head-on collision (in a Dodge). His passenger (girlfriend) survived.
 

zswilliams

Member
Dec 13, 2015
54
85
United States
The saga continues.

Last week, they prepped the car for me, and had to do a software update. Unfortunately, nobody at the shop thought to do this before. The update failed, so they had to get another part. They got it, put it in, and this week, agian a failure to update.

They don't know what's wrong. The tesla ranger doesn't know.

They have to work with Tesla to figure it out, so here we are. Next week? Next year?

I'm not annoyed that they have to get Tesla more involved to solve this, I'm annoyed because the car had been waiting for a software update for weeks prior, and nobody thought to do it and find this issue until the day they were prepping it for pickup.

Then, after they get the part, it takes a full week for them to get a bay to move the car in, replace it, and get another attempt at the firmware update done.

I know they're busy, but I feel as though a car that is with them for 3+ months should get some attention during the finishing process, as to not delay things further.
 
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TheWalkingDad

Lounging on Tesla Chairs
Oct 30, 2018
189
770
Maryland
The saga continues.

Last week, they prepped the car for me, and had to do a software update. Unfortunately, nobody at the shop thought to do this before. The update failed, so they had to get another part. They got it, put it in, and this week, agian a failure to update.

Yeah its pretty insane how swamped they are. I wanted the service shop (Rockville) to fix some paint issues when I bought the car. It wasn't serious enough to reject the car but they've never followed up with me and its been a month and a week. I also would be worried there isn't something else damaged that went beyond just replacing the car body. Good luck to you and hope you get it all sorted out. I can't even imagine going thru this especially driving this back the first day!
 

zswilliams

Member
Dec 13, 2015
54
85
United States
Yeah its pretty insane how swamped they are. I wanted the service shop (Rockville) to fix some paint issues when I bought the car. It wasn't serious enough to reject the car but they've never followed up with me and its been a month and a week. I also would be worried there isn't something else damaged that went beyond just replacing the car body. Good luck to you and hope you get it all sorted out. I can't even imagine going thru this especially driving this back the first day!

Just as a point of fact, this is being repaired not with tesla directly, so it's not really tesla that is dropping the scheduling ball.
 

jkoya

NA2 NSX
Nov 21, 2018
3,626
1,557
Northern CA
Yeah its pretty insane how swamped they are. I wanted the service shop (Rockville) to fix some paint issues when I bought the car.

I didn't refuse delivery for some minor paint issues either. Had a consult with the Tesla approved body shop in the Sacramento area on Dec 13th for the repairs. First available appointment was February 18th. I asked why and they said they were the only approved body shop for Reno, Nevada as well (about 120 miles away).
 

zswilliams

Member
Dec 13, 2015
54
85
United States
*UPDATE*

We got our car back on January 25th, but there were some minor cosmetic issues that needed to be resolved, so it went back in and we got it back officially on February 15th.

We are in progress with the other parties insurance company, dealing with Diminished Value, Loss of Use, and other elements of the claim.

We had a rental for the initial time from our insurance company (max 30 days), but the repair took over 150 days. The other parties insurance company would not commit to providing us a rental, requiring us to pay in advance if we wanted one and then request reimbursement later, but there was no guarantee. With that, we decided not to roll the dice. They are now stating they don't generally reimburse for loss of use outside of out of pocket costs. They have not yet given us a counter offer, so we'll see what they say. I'm a bit annoyed, and hope they don't drag this out. I really don't want to have to sue, but if they say not having a car for 5 months that I made car payments on, insurance payments on, half a year of registration fees, in addition to the inconvenience is not worth compensating, I will have to do something.

The car itself is is great shape, considering. Drives straight and true, and you wouldnt' be able to tell it was in an accident. We got Opticoat Pro done on it, and boy it looks beautiful. I'll throw up some pictures soon.

Stay tuned on this thread for more insurance claim updates.
 
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derkan

June Bug
Jul 25, 2016
154
143
Orange County, CA
*UPDATE*

We had a rental for the initial time from our insurance company (max 30 days), but the repair took over 150 days. The other parties insurance company would not commit to providing us a rental, requiring us to pay in advance if we wanted one and then request reimbursement later, but there was no guarantee. With that, we decided not to roll the dice. They are now stating they don't generally reimburse for loss of use outside of out of pocket costs. They have not yet given us a counter offer, so we'll see what they say. I'm a bit annoyed, and hope they don't drag this out. I really don't want to have to sue, but if they say not having a car for 5 months that I made car payments on, insurance payments on, half a year of registration fees, in addition to the inconvenience is not worth compensating, I will have to do something.

When I argued loss of use as a third party claimant, I had the same experience you did. I got a loss of use report from stlucieappraisal.net which was worth the money in gold. Basically, to overcome the "rent a Tesla and roll the dice" argument, I argued that loss of use includes the loss of enjoyment, the damage you suffer from the inconvenience of not having your car. Because insurers have to provide substantially similar replacement cars (= a tesla) according to the fair claim settlement practices, they have no choice. The "damage" you suffer is easily measurable by the cost of renting another tesla for the duration, whether or not you choose to do so (since they didn't do this for you).

Any sentence that starts with "we generally don't pay..." tells you they are lying.
 

zswilliams

Member
Dec 13, 2015
54
85
United States
When I argued loss of use as a third party claimant, I had the same experience you did. I got a loss of use report from stlucieappraisal.net which was worth the money in gold. Basically, to overcome the "rent a Tesla and roll the dice" argument, I argued that loss of use includes the loss of enjoyment, the damage you suffer from the inconvenience of not having your car. Because insurers have to provide substantially similar replacement cars (= a tesla) according to the fair claim settlement practices, they have no choice. The "damage" you suffer is easily measurable by the cost of renting another tesla for the duration, whether or not you choose to do so (since they didn't do this for you).

Any sentence that starts with "we generally don't pay..." tells you they are lying.


You mention 'Fair Claim Settlement Practices'. It seems different states have different versions of this (often called unfair claim settlement practices). Is there also a national standard that all insurance companies must follow, that specifically talks about loss of use? If you have any details you can point me to, I'd appreciate it.
 

derkan

June Bug
Jul 25, 2016
154
143
Orange County, CA
I'm sorry I totally forgot my experience is CA-specific. The UCSPA seems to be a model published by the NAIC that each state then implemented their own way. I would highly recommend contacting an independent insurance agent in your state, or maybe the appraiser I linked to. They would surely know the specifics for your state.
 

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