Need advice dealing with not-at-fault insurance claim

[dbldwn02]

Long story short...My 9 month old MS was hit by a ski resort van in a parking lot. I wasn't in the car. Small dent in the right rear fender and bumper. Adjuster says $2300 in damages.

The insurance company won't pay me for lost wages ferrying my car back and forth between C.Springs and Denver. They want me to drop it off at the body shop and wait 4-6 weeks for parts and labor. Is getting a lawyer involved worth it? I'd like the insurance company to cover diminished value, gas for the rental car, and lost wages for having to drive it to Denver. Anyone have success in doing any or all of this? I've read some old threads on this, but this company seems to be really stingy. Never even heard of them.

See attached e-mail for more info. All her exclamation points really ticked me off, for some reason.

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Good morning Shakelia,

I just received the estimate from the appraiser. I'm going to take the car to Stuttgart Auto Body in Englewood, CO. They're the closest place that is an approved body shop.

The repair shop is far from where I work. (90 minutes each way) The problem with this is, I have to take two cumulative days off work to get this whole process done. I have to take at least three trips to Denver to get this work done. One to let them look at it so they can order parts, one to drop it off, and one to pick it up. I work as a contractor for the government and they're not ok with me taking paid time to complete personal business. How do I file compensation for lost time?

Also, since this accident will show up in the vehicle's records, I'm going to have high diminished value. The car only has 9000 miles on it and it's less than a year old with no prior accidents. It was in perfect condition prior to this accident. Can we get started on DV compensation now?

Thanks for your help. Please give me a call if you have any questions.
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I am sorry Mr. Tompkins, we can’t pay for inconveniences, so I will not be able to reimburse you for lost time from work!

However I can make the suggestion of you just dropping the car off at the shop, pick up the rental car in Englewood, provide Stuttgart with a copy of the estimate you obtained from the appraiser they will start on your repairs based off what the appraiser wrote, if Stuttgart discover additional damage, they will let us know and any additional payment will be sent directly to them !

The initial payment can be sent to them or we can send it directly to you, you can decide!

DV will be reviewed after the work is complete, because it’s based one of the things it’s based on is the amount of damages !

In order to offer you a fair value, we need to wait until after the work is completed before we look into the DV portion of this claim!

Let me where you would like for me to send the payment and let me know when you would like for me to set up the rental reservation!

Shakelia L. Hayes
Claims Examiner, Addison Claims Department
Philadelphia Insurance Companies

 

[andrewortman]

For this expensive of a car, its worth getting a insurance lawyer to ensure that everything is handled correctly and to ensure you get max DV

 

[ucmndd]

The insurance company owes you compensation for the (immediate and long-term/residual) damage to the car. That's it.

 

[bisoned]

I cringed when I read the insurance company's response.... far too many !!!!!!!! seriously

Doubtful the OP will have any luck with a DV claim, at least with the insurance company. Their standard answer is usually "after the repair the car will be the same as it was before"

 

[dbldwn02]

I cringed when I read the insurance company's response.... far too many !!!!!!!! seriously

Doubtful the OP will have any luck with a DV claim, at least with the insurance company. Their standard answer is usually "after the repair the car will be the same as it was before"

I kind of thought the opposite. I figured they'd pay me 2 or 3 days lost wages for having to ferry the car to/from Denver and then tell me to "suck it" on the DV but she said the DV will come after the repair. Colorado doesn't have a law saying they need to provide DV but it's a Philly insurance company so I'll keep my fingers crossed.

I just had getting taken advantage of for something that was 110% not my fault. And all those "!!!!!!!!" really got me steaming. There's an old hag at work that does that all the time and it drives me nuts. Not professional at all.

 

[dbldwn02]

The insurance company owes you compensation for the (immediate and long-term/residual) damage to the car. That's it.

So, they don't need to provide a rental car or anything like that?

 

[drklain]

Car insurance doesn't pay for lost wages. I've never seen a policy that has that as part of the policy and I'm surprised you think they should make you whole for lost wages. You don't need to lose wages. You could hire someone to take the car for you. You could ship it to the shop. The fact you will miss time off work is on you...and your auto policy has no coverage to pay you for missed time at work. To be honest, your post reads as if you expect insurance to cover everything for you. I'm not sure I would have even filed a claim for damage that small...

 

[brkaus]

No to time off work.

Yes to DV. Find someone in the area to help. My friend used a DV appraiser that worked on a fixed price. It was worth the money in his case (range rover)

 

[Tiger]

Did you read what your policy's terms are? Don't hire a lawyer before you read the terms and see what is covered by your insurance.

 

[ucmndd]

So, they don't need to provide a rental car or anything like that?

I would consider the loss of the ability to use the car “damage” that you are generally compensated for in the form of a rental as there’s a clear and direct cause/effect. The loss of the ability to use the car is measurable and absolute.

Much less so concerning your “inconvenience”. The expectation that you’re entitled to be compensated for every conceivable inconvenience because something bad happened that wasn’t your fault is just not realistic or reasonable IMO.

 

[dbldwn02]

Did you read what your policy's terms are? Don't hire a lawyer before you read the terms and see what is covered by your insurance.

Did you miss the part where I wasn't at fault and I'm going through the other person's insurance? How would I know what Philadelphia insurance covers, other than asking? FYI...Going through your own insurance for not at fault accidents does make your premiums go up whether you like it or not.

 

[dbldwn02]

Car insurance doesn't pay for lost wages. I've never seen a policy that has that as part of the policy and I'm surprised you think they should make you whole for lost wages. You don't need to lose wages. You could hire someone to take the car for you. You could ship it to the shop. The fact you will miss time off work is on you...and your auto policy has no coverage to pay you for missed time at work. To be honest, your post reads as if you expect insurance to cover everything for you. I'm not sure I would have even filed a claim for damage that small...

I wouldn't ask for lost time, if the drive to a certified repair shop wasn't so far. I loathe driving to Denver during the week. In my opinion, when you're 100% not at fault, they SHOULD make you whole again. To include lost time. Is this the way it works? Nope...but does it hurt to ask? If I was at fault, I understand I'm at the mercy of what my policy covers and I'm willing to accept that fully. But it's the other person's policy that is doing the work so how am I to know what they cover and what they don't?

Now I understand why some people buy these cars and put less than 1000 miles a year on them.

 

[drklain]

Your email was not clear that you are dealing with another person's insurance. Rather you reported that your car was hit in a parking lot. Given that you didn't mention that you had the other person's info and were dealing with their insurance company I (and I suspect others on this thread) assumed you were making a claim against your insurance for relatively small damage from a hit and run.

I agree that taking your car to Denver is a hassle. That said, I still don't see an insurance company paying for it. The insurance policies in most states are for property damage and for medical injury from a motor vehicle accident. Since the other driver was at fault, his insurance company is on the hook to pay to have your car repaired. Anything else very much depends on what the policy covers and what the laws are in the state of Colorado. Expecting the insurance company to make good on your time transporting the car to/from Denver still makes no sense. The reason you are going to Denver is because you are choosing to take it to Denver because you are choosing to repair the car at a Tesla approved body shop. That is not on the other insurance company. They've told you you can get the car repaired wherever you want and they will cover the cost of the repair if it is in line with their estimate. The fact you own an expensive car with a somewhat exotic repair process as mandated by Tesla is on you, not them. Again, you can try to fight for it or take it to court, but I suspect your fees will eat up any money you may recover.

You may want to just hire someone to drive it to Denver (or a company to truck it to Denver) for you. There are plenty of auto transport companies out there. Might cost you a couple of hundred bucks, but then you don't have the lost time (not sure how much you value your lost time at) or inconvenience.

You may be able to make a claim for diminished value, but given the small extent of the damage, it will be likely that diminished value will not be significant. Your car is just under a year old and has already taken the big depreciation hit. Even if the diminished value amounts to $5K, you will likely spend a lot more than that in legal fees. Your diminished value is a far sight from someone who has the front or rear end smashed in and extensive body work done to repair the car.

Yeah, it sucks that your car got damaged 9 months after you bought it, but stuff happens. My last car was a Lexus. Literally two days after I bought it home, I was opening the garage to drive my youngest to school. One of the two garage door springs failed catastrophically. Part smalled into the wall near the door opening damaging the drywall. The rest of the spring fell right down next to the rear driver side door...hit the roof, then the window, then the door. Those springs are heavy (I'd estimate the piece that fell weight 7 or 8 lbs. It damaged the paint on the roof, scratched the window, then the paint on the door. My initial reaction? Thank god my then 7 year old hadn't run ahead to the car to open the door and get in. She would have been right under the spring and could have been badly hurt or killed. My second reaction? Sick to my stomach. My new car with less than 50 miles on it was damaged. I did not file an insurance claim (house or car) and took the car to the dealership to have their bodyshop repair it because I wanted the car "like new". About $2K and three weeks later, the car looked brand new again. It sucked, but that is life. The spring could have failed on day 2 or day 2000. First time I've EVER had a garage door spring fail like that (or heard of it happening).

When I first got my Tesla, I parked in the back of parking lots in an effort to ensure the car wouldn't be hit. I had it get a full XPEL wrap to protect the paint (which I love as I am one of those guys who hates paint chips on my car and tend to hang on to cars for a long time). Now I park it in whatever spot is convenient and accept the fact I may get a ding. You clearly want to fight this and that is your prerogative, but it's hard to feel sympathy for what was a fairly minor accident where the other guy is making you whole when you are asking for things like compensation for your time in getting the car to a repair shop. Just my opinion and worth exactly what you paid for it.

 

[brkaus]

Now I understand why some people buy these cars and put less than 1000 miles a year on them.

Not going to win any points generalizing like that. I’ve put far more miles on my Tesla than any other car I have owned.

I wouldn't ask for lost time, if the drive to a certified repair shop wasn't so far. I loathe driving to Denver during the week. In my opinion, when you're 100% not at fault, they SHOULD make you whole again. To include lost time. Is this the way it works? Nope...but does it hurt to ask? If I was at fault, I understand I'm at the mercy of what my policy covers and I'm willing to accept that fully. But it's the other person's policy that is doing the work so how am I to know what they cover and what they don't?

Yes, I did read that it is other persons policy, hence DV claim is likely. Based on their customer service, I think you will likely need a DV specialist. In my friends case, they wouldn’t talk DV until repair complete either.

I have never heard of paying for lost time. I think it’s slippery slope. Meals next? Does Warren Buffet get more? But, wondering if you can have the car towed by the shop? Certainly there would be fair market value on that.

Any photos of the damage? Paintless repair possible on the metal parts?

 

[MorrisonHiker]

Could the OP take the other driver to small claims court for the additional damages? I've always wondered if one could sue for these extra expenses and the inconvenience involved in accidents.

 

[dbldwn02]

Could the OP take the other driver to small claims court for the additional damages? I've always wondered if one could sue for these extra expenses and the inconvenience involved in accidents.

I thought about it. We'll see how the repair process goes. Unfortunately, Colorado doesn't have a law for diminished value but maybe heartache knowing that my car is tainted forever? lol!

 

[dbldwn02]

Your email was not clear that you are dealing with another person's insurance. Rather you reported that your car was hit in a parking lot. Given that you didn't mention that you had the other person's info and were dealing with their insurance company I (and I suspect others on this thread) assumed you were making a claim against your insurance for relatively small damage from a hit and run.

My apologies for not being clear in the original post. I could see how that could be construed as a hit and run. Isn't it sad that when this happens, everyone assumes hit and run? I'm not a saint by any means, but I would never hit and run someone. It would eat at me for a long time.

The insurance company did say they will provide DV. Guess I'll just see how much it is in a month when I get the car back.

I'm glad your kid wasn't hurt in the garage door accident. Those springs are scary dangerous. Everyone talks about being afraid of electricity but garage springs scare me the most!

 

[MDMGSO47]

I thought about it. We'll see how the repair process goes. Unfortunately, Colorado doesn't have a law for diminished value but maybe heartache knowing that my car is tainted forever? lol!

You are entitled to recover from the responsible party all the damages you have incurred, and DV is a very real damage. There is no requirement that there be a specific DV law. DVs are recoverable just like your other damages, but you have to prove them. You will need an "expert" to testify about the DV you incurred. Someone from a local car dealership who appraises trade-ins would do.

You are also entitled to recover for losses incurred for time off from work and transportation costs (these are monetary in mature and not mere "inconveniences") so long as they are reasonable and necessary (i.e., would it be cheaper to have the car taken by flat bed than for you to make all those trips? Towing is definitely recoverable).

Since you were not at fault, you are entitled to rent a car comparable to yours. You are not limited by any cost limitations in the responsible party's policy.

Never, ever, go through your own policy in a situation like this. First, your premium will go up, and second, you will be governed by the limitations in your policy.

I would tell the responsible parties insurance adjuster that you want all the things you asked for, and if you don't get them, you are going to file a small claims action. The insurance company will be required to hire an attorney to defend, and their costs start rising rapidly. My experience is that the insurance company doesn't start getting reasonable until you threaten to sue, and even send them a copy of the claim you intend to file. In addition, small claims magistrate tend to have an anti-insurance company bias.

 

[bisoned]

you might be able to get compensation for the days lost. DV is very hard. My adjuster pretended like she didn't know what I was talking about. Was to give the claim to her supervisor.

I got yanked around for about a month. After emailing her almost every day, I got a flat "NO". Their position is the repairs are supposed to make the car as good as new. I did everything I could. Had an appraisal, wrote a letter, etc....

This was my experience, and your results might vary. It seems the insurance company can make its own rules.

Side note on this. The car in question was a VW Passat TDI. Yes, it was part of dieselgate..... Thus, my car's value went UP once the settlement was reached, and the accident became a moot point.

 

[dbldwn02]

you might be able to get compensation for the days lost. DV is very hard. My adjuster pretended like she didn't know what I was talking about. Was to give the claim to her supervisor.

I got yanked around for about a month. After emailing her almost every day, I got a flat "NO". Their position is the repairs are supposed to make the car as good as new. I did everything I could. Had an appraisal, wrote a letter, etc....

This was my experience, and your results might vary. It seems the insurance company can make its own rules.

Side note on this. The car in question was a VW Passat TDI. Yes, it was part of dieselgate..... Thus, my car's value went UP once the settlement was reached, and the accident became a moot point.

Thanks for your experience. I'm sorry it didn't go the way you hoped. I'm feeling pretty good about this now because she said they would make an offer for DV after the repairs are done. And it sounds like that's pretty standard, from what I've heard here. I'll post back when all is said and done.

I'm happy the insurance company is giving me a Tesla rental. I'm really suprised at that.