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My new 2021 Model Y just rear-ended pretty bad

rking0122

Member
Jan 13, 2019
190
133
Scottsdale, AZ
One thing you can do, and probably should always do when insurance is involved (home / auto) is hire your own public adjuster.

Public Adjusters work for you, and will strive to get the most out of insurance companies for you. They can counter insurance company adjuster arguments and a good one will not cost you much, provide detailed reporting and expertise back to insurance companies and fight for your claim(s).

You'll need to research a good one in your area.
I'll go out on a limb here and wholeheartedly disagree with this. Public adjusters make money by taking a percentage of a recovery. This is a run-of-the-mill auto accident. The property damage is not typically difficult to assess, and in the hundreds of claims I have handled as an attorney, property damage claims are rarely the sticking point. AND since it is a Tesla, you'll end up in a Tesla approved shop for repairs I suspect. A public adjuster won't have any more knowledge than those folks. Any recovered money that goes to a PA, isn't going toward fixing your car...and you'll be on the hook for that.

Public adjusters make some sense for an insured in a more complicated claim if the insured and insurer aren't in the same ballpark on a claim (think a water damaged house where repair methods are being fought, or there is a fight about whether Allstate is going to repair or replace your cabinetry.)

Just my opinion.

I also typically recommend my clients try to have the OTHER carrier handle the property damage claim, not yours, where possible. Yes, it is a little more work and a little more adversarial, largely depending on the other carrier. But while at least in my state your carrier cannot surcharge you (raise your rates) for a not-at-fault accident, if they pay your collision claim, you are no longer "claims free" and you may well lose some discounts you previously had--effectively raising your rates.
 

Stephan Bogan

Member
May 24, 2021
84
162
Colorado
I'll go out on a limb here and wholeheartedly disagree with this. Public adjusters make money by taking a percentage of a recovery. This is a run-of-the-mill auto accident. The property damage is not typically difficult to assess, and in the hundreds of claims I have handled as an attorney, property damage claims are rarely the sticking point. AND since it is a Tesla, you'll end up in a Tesla approved shop for repairs I suspect. A public adjuster won't have any more knowledge than those folks. Any recovered money that goes to a PA, isn't going toward fixing your car...and you'll be on the hook for that.

Public adjusters make some sense for an insured in a more complicated claim if the insured and insurer aren't in the same ballpark on a claim (think a water damaged house where repair methods are being fought, or there is a fight about whether Allstate is going to repair or replace your cabinetry.)

Just my opinion.

I also typically recommend my clients try to have the OTHER carrier handle the property damage claim, not yours, where possible. Yes, it is a little more work and a little more adversarial, largely depending on the other carrier. But while at least in my state your carrier cannot surcharge you (raise your rates) for a not-at-fault accident, if they pay your collision claim, you are no longer "claims free" and you may well lose some discounts you previously had--effectively raising your rates.
Here in CO there are some excellent PAs that will charge flat for auto accident claims Very useful if you are being pressured in the total / no total path.

I understand your point fully on percentage based efforts - research and finding a good one is key. Another good point on simple claims. Does your state allow for loss of use style claims for lengthy repair time or reclamation of damages for that? An interesting thing to know re Tesla
 

rking0122

Member
Jan 13, 2019
190
133
Scottsdale, AZ
Here in CO there are some excellent PAs that will charge flat for auto accident claims Very useful if you are being pressured in the total / no total path.

I understand your point fully on percentage based efforts - research and finding a good one is key. Another good point on simple claims. Does your state allow for loss of use style claims for lengthy repair time or reclamation of damages for that? An interesting thing to know re Tesla
Yeah, Arizona permits "loss of use" but it is usually compensated for in the form of a comparable rental car for the length of the repair, whatever that is. If they provide a rental, then there likely isn't any significant "loss of use" to compensate. Tesla and the typical extended repair times aren't usually an issue where the third party's liability coverage is paying for a rental...they become an issue on first party claims where the policy itself usually limits rentals to 30 days or so.

In this particular loss, it seems unlikely this car is a total loss unless somehow there is frame damage, but that's just a guess.
 

codergamer

Member
Apr 12, 2021
28
7
San Diego
Update: I just learned from my Tesla Adjuster that the person who rear-ended my vehicle has a minimum coverage of only $5000. It's good that I went through my insurance to cover the repair costs of around $12000. However, this means that I won't be able to file the claim for Diminished Value. The state of California seriously needs to increase the minimum coverage for property damage. It is really sad that the minimum coverage is only $5k. I don't want to drag the at-fault person to a small claims court. I'm just guessing that the other party may not even have enough money.
 
Apr 7, 2021
699
331
Inland Empire, California
Update: I just learned from my Tesla Adjuster that the person who rear-ended my vehicle has a minimum coverage of only $5000. It's good that I went through my insurance to cover the repair costs of around $12000. However, this means that I won't be able to file the claim for Diminished Value. The state of California seriously needs to increase the minimum coverage for property damage. It is really sad that the minimum coverage is only $5k. I don't want to drag the at-fault person to a small claims court. I'm just guessing that the other party may not even have enough money.
That is pretty insane... i have mine set to 50k.
Their insurance will probably make them pay the difference.
 

Stephan Bogan

Member
May 24, 2021
84
162
Colorado
That is pretty insane... i have mine set to 50k.
Their insurance will probably make them pay the difference.

It is rare to succeed but in CO you can go after your own insurance for DV if you refuse to waive it with your insurance CO for the settlement. I'm not sure what it does to your future relationship with them though, and likely makes for long litigation.
 

codergamer

Member
Apr 12, 2021
28
7
San Diego
It is rare to succeed but in CO you can go after your own insurance for DV if you refuse to waive it with your insurance CO for the settlement. I'm not sure what it does to your future relationship with them though, and likely makes for long litigation.
In California, it is not allowed to file a DV claim against your own insurance. Having said that, I wouldn’t want to jeopardize the relationship with my insurance even if it was allowed 😀
 
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acarney

Active Member
Jul 9, 2019
2,599
1,626
Richland, WA
So since their property damage coverage was so low, I assume your "under insured property damage" or whatever will kick in. Does that mean it'll now look like a claim on your insurance policy? Or will your company just try to sue them or write it off?

It would make me crazy if my rates went up because some idiot went cheap on insurance...
 

codergamer

Member
Apr 12, 2021
28
7
San Diego
So since their property damage coverage was so low, I assume your "under insured property damage" or whatever will kick in. Does that mean it'll now look like a claim on your insurance policy? Or will your company just try to sue them or write it off?

It would make me crazy if my rates went up because some idiot went cheap on insurance...
Not sure how my insurance will settle this. I talked with my Tesla Insurance and they said that rates shouldn’t increase since it was not my fault and I have video of the accident too. However, it will be decided after all the claims are settled regardless of how they do it.
 

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