Tesla got rear ended, still driveable

[adelman]

Because of ordering parts, they won't have my car ready till MARCH 2016 if they go ahead with repairs.

Hertz Dream Cars rents Model Ss, around $400-$500/day plus a mileage charge. So you're looking at a loss-of-use claim of around 135 days, or $54,000-67,000.

You shouldn't settle for a lesser car. You're entitled to what you lost.

I'll bet when you bring this up, the insurance company decides to total the car, which, considering the diminished value of the repaired car, is probably better all around.

 

[bredi]

Hi OP,
I'm very sorry to hear about your accident, and grateful no-one was hurt! I was rear-ended on the Golden Gate Bridge by Homeland Security after 911. I didn't think much of it a the time. I was in a BMW 328CI. It was the same kind of thing. The officer rear-ended me, her car looked like it had been damaged way way more than my car. However, the frame was bent and was undrive-able. It was a lease, and at lease end it was a loss for BMW. I had no issues with car reimbursement but...

But the worse part is, after 911 (and the exuberance of patriotism and respect for our police, fire and armed forces), I had a soar back and neck (like you mentioned), but didn't make a big deal of it. Hence the reference to the patriotic fervor at the time. Well, it WAS bad after all!!!. And now I have major back and nerve issues that will require surgery. 10-15 years afterwards!

My reasoning for bringing this up is... to remind OP and anyone to see a doctor and monitor whiplash type pain. At least document it. Even if mild now and even if just a feeling of soreness.

When you sit and are re-ended, your lower and upper body get jolted in different ways, with much force and speed. Like Tectonic plates during slip or force earthquakes.


Good luck and I hope you DONT have any long lasting issues!

 

[mdevp]

Does the officer who hit you get to write the report? Or one of his friends on the force? It sounds like it would be hard for the police officer to deny fault but who knows. It will be interesting to hear how it works out.

This was my first question. Had a co-worker that went through a similar situation and the cop blamed him. It was obvious the cop just plowed into him, however my friend got charged w/a minor violation that was later dropped. I know that the cameras/etc will prove what happened, but I'm curious if the officer admitted fault immediately.

 

[MsElectric]

Given the severity of the damage I really think you should lawyer up if they demonstrate even the slightest hesitation in making you whole. If you go that route, be sure to press for pain and suffering due to the negligence of the officer who was obviously distracted and not safely operating the car. What would have happened to a citizen causing such a horrible accident? The same should apply to the officer involved. You need to be compensated for each of the following:

+ Diminished value to your vehicle (likely at least about $20-25K)
+ Loss of use of your vehicle for 4-5 months (Likely about $36K, based on per day rental of $300)
+ Repairs to your vehicle (likely about $30K)
+ Pain, suffering, and inconvenience caused by the negligent driver (at least $20K)
+ Provision to exclude future medical issues that might arise from any settlement.

Based on all this if I were you, I would absolutely not accept back your current car under any circumstance. They destroyed it, they should keep it. You should not have to go through the hassle of not having a car for months and consequently being in a less safe car than the one you paid for.

They should buy you a brand new Model S. If they refuse to do that, let loose a personal injury attorney on them. Perhaps with a large enough expense, they will have their officers better trained to pay attention to the road when they drive.