My 3 was hit by a teenager; what can/should be claimed for this damage?

[jaygiant]

On Sunday, a 16 year old on a learner's permit made an unprotected left turn and apparently didn't see me:

Fortunately, I wasn't going very fast, as the speed limit on this street is 35 MPH. My Model 3 was delivered July 2018 and has FSD. The airbags didn't deploy and the car wasn't disabled. Here is the damage:

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For those wondering, I asked for a flatbed, but the tow truck company opted to put the rear wheels on a dolly. I had the car towed straight to my body shop. I'm fine, but my wife had to go to a chiropractor. The police and my insurance already said this is the other party's fault.

My question is what can/should be claimed for this damage? Diminished value? My insurance is Ameriprise and the other party's insurance is a Progressive commercial policy.

I’m glad neither of you were seriously injured.

I’ve been rear ended by teens texting while driving, so I’ve experienced this kind of accident before.

1. Sue their insurance for not only the repairs but for the loss of the car’s value. When I went to trade my old car in for my model 3, the dealership reduced the fair value of my trade in by $3,000 due to the reported accident. I would request $5,000 or more for the loss in value and now the accident showing up on the car’s history report.

2. Inventory all of your out of pocket costs for using a rental, including collision coverage and fuel costs.

good Luck!

 

[DVCLIFFORD]

Absolutely claim diminished value! I had an expert do an evaluation of my car (2012 Model S Signature) after an accident and found its resale value went from $32,000 to $24,000 and filed a claim for $8K. Settled for $7K. This is in addition to the 3rd party insurer paying $11K in repairs. One caveat; it will be harder to prove DV if your car has had a previous accident. Your Tesla approved body shop should be able to find you this "expert" who will charge you $200 to $300 for his report. Good luck,

 

[Litigate28]

Yes, but be careful because Tesla Insurance does not include GAP coverage ( if you are financing ).

I have Tesla insurance with GAP coverage. It is an add on, a cheap one at that.

 

[Debani]

You should get repairs, rental car expenses, and go after diminished value. You may be surprised how high these figures are. I hired an expert appraiser for the diminished value part and that fee was not recoverable. Progressive was the insurance company for the person who caused the accident. They refused to pay anything at first for diminished value. In our state, that refusal then enabled me to recover attorney fees so I went that route. They eventually settled out of court for the full amount we requested plus $3K in legal and filing fees. If the insurance company offers anything for diminished value, even an insulting lowball offer, then in our state you have to take it to small claims or pay your own attorney fees. Be tenacious and don't give up, that's what the insurance companies want you to do. Just know up front it's a maddening process. Good luck!

 

[Garlan Garner]

I have Tesla insurance with GAP coverage. It is an add on, a cheap one at that.


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You better check on that.

There is a person here in the forum with Tesla Insurance and they WOULD NOT cover the gap.

 

[ForumLeech]

No need to blur the license plate. It’s in plain view every time you drive on a public road.

 

[Litigate28]

You better check on that.

There is a person here in the forum with Tesla Insurance and they WOULD NOT cover the gap.

Do you know who it was or a link to the post? I'd like to check it out too to be safe, but it wasn't on by default, I had to call and add it in.

 

[domorobigato]

Just a quick update...damage came in at $12K and the other insurance is liable. Getting a rental and the waiting game for parts begins. I haven’t started the battle over diminished value as of yet.

 

[⚡️ELECTROMAN⚡️]

That accident looks totally avoidable if enough attention was being paid to the surrounding traffic. I'm often guilty of giving less than my full attention to my driving and surroundings. Just a reminder to myself to be more vigilant behind the wheel.

 

[CharlieFoxtrot]

Speaking of teenage drivers, what do you think would have happened if my car hadn't been there to stop hers?

 

[electracity]

Hope your wife is okay.

A car stopping to your left that isn't turning, is always a "be careful" moment, since there's always the possibility of a car or person crossing in front of the stopped vehicle.

You said what I thought but with more tact. You drive into blind intersection at speed and you will have an accident every 5-10 years at most. A good driver would be nervous going by that stopped vehicle.

 

[jj88]

Glad there were only minor injuries. Things happen fast, and I hope the kid learns a lesson. Many cars have big A pillars, making it hard to see past it. Especially bad for pedestrians. Thanks for your story, and best of luck with insurance!