Got rear-ended tonight

neoexodus · 10-09-2009, 08:38 AM

hey N, I have always thought the same thing, but the insurance is not there to take care of the value of the car, only the cosmetic and driveability. I asked my father who was in Insurance (albeit Commercial Insurance, so not Auto) for shy of 40 years, and that's how it was explained to me...

Sucks, but that's life I suppose.

EDIT: Now, that does not take into account the possibility for Civil Suit, where I would assume that you could sue him for damages. If you can sue for hot coffee, I would suspect that you could sue for that, but dunno...

Hawkeye · 10-09-2009, 08:55 AM

Yeah, you will never get compensated for diminished value unless you have collectors insurance on it. Does suck but what can you do?

MetMan · 10-09-2009, 10:05 AM

I agree with the above posts but diminished value is available through some companies for coverage of rental cars. Just a FYI.

jmillet · 10-09-2009, 11:30 AM

Quote:

Originally Posted by nmulax

SNIP
Just something that crossed my mind; what's the general consensus on looking for compensation due to diminished value? You figure a car that's been in an accident (no matter how small) is worth less then a flawless car.
How do I look into this?

If you have a third party claim (other party is at fault and your insurance company is not a party to the claim) then diminished value should definitely be part of your settlement with the party at fault. Keep in mind that your claim is against the party at fault not their insurance company as you have no privy of contract with their insurance company. It's up to the party at fault to settle the claim with you. If they decide to turn the matter over to their insurance company for settlement that doesn't change the fact that your claim is against the party at fault not their insurance company. If they refuse to honor your diminished value claim then you can take the matter to small claims court.
http://haurys.info/wp/?page_id=263
"A Third Party insurance company does not have the authority to artificially limit or control your claim - the liability for your damage actually rests with the at-fault party.
In a third party claim (where the other party was at-fault), their insurance company is technically not the party that owes for your damages. Your damages are owed by the negligent (at-fault) party. Their insurance company is interceding in an effort to limit what they and their policyholder can get away with paying. Generally, their insurer does not care about you. If you are not satisfied with the at-fault party’s insurance company’s handling of your claim, you have other avenues you can pursue. These avenues include pursuing your claim through your own carrier and/or litigation (small claims court is a simple and inexpensive way to handle this - kind of a “Judge Judy” type of environment) … By the way: If pursuing your vehicle damage claim through your own insurer results in future premium increases on your own policy, such premium increases are a legitimate form of damage for which the at-fault party would be liable … just like Diminished Value and rental car charges."

nmulax · 10-09-2009, 01:19 PM

Thank you Jim!
I'm contacting CollisionConsulting.com right now, and hopefully will figure this out.

The claim was handled through his insurance, so no change to my rates, and they've already provided me with a rental vehicle. The Diminished Value is the only part I'm concerned with now.

neoexodus · 10-09-2009, 01:55 PM

good luck, and let us know; that's the only thing that keeps me from ramming the jackasses that fail to yield right of way. If one could actually recoup that; perhaps I can get some teenage girl (or more appropriately, her parents) to buy my next car, or at least help me save up for it...

Huz-Z · 10-09-2009, 02:12 PM

If the extent of the repair essentially amounts to removing the damaged bumper, installing a new one and repainting it - and maybe a new exhaust if it got bent - then there should be minimal change to the value of the car - at least to you!!

Now, if the front end got whacked or the the door and other body panels needed straigtening, that could lead to creaks in the car later. Those types of collisions worry me. ANd would certainly make a buyer offer a lower amount in the event you sell it.

If i recall correctly, your collision was about the best one could hope for - the part of the car that got damaged can be unbolted and a new popped on. Any good shop ought to do a great job on that!

Huzz

neoexodus · 10-09-2009, 03:41 PM

@Huz-Z: that's correct, the change in value may actually be minimal, but only an accident is reported and that's all you see on a Carfax/AutoCheck. Given comparable cars, one with no accident and the other with even a small accident, I'd find it hard to believe that all things being equal (esp. price), someone would choose the one with an accident on the record; and that's what diminished value is all about.

@NMulax: My bet is that you will find the most difficult thing about this (or to prove to a judge) would be an actual figure for the diminshed value of the car, but as I've never really seen this before, I have no real idea. As I said b4, good luck and keep us posted.

3002 tii · 10-09-2009, 10:18 PM

Quote:

Originally Posted by nmulax

I debated calling the cops, but 2 of my buddies were behind him - so worst case it's 3 against 1.
And Huzz, that's the approach here as well - that the person behind is at fault. The biggest concern is all the un-insured drivers running around. But I've already put in a claim with his insurance and they're going to come check out the car today/tomorrow.

if you're going to put the claim against his insurance, why didn't you call the cops. you'd only spare calling the cops if you want to settle out of pocket cash. but if you're going with insurance you might as well get the police report to strengthen/back up your story.

nmulax · 10-09-2009, 11:40 PM

Ughh, I didn't call the cops because:
1. It was midnight and I just wanted to get home and to bed.
2. I had two friends behind him, so yeah, 3 against 1 if it came to taking him to court.
3. I didn't feel the need to. Yeah, you never know about this - but it was a judgement call I made, and I was comfortable making that decision.

Update:
Car should be done on Monday

Hawkeye · 10-12-2009, 10:04 AM

Nnice info Jim! I was not aware of that option, it is a good thing to know. Keep us updated on if you are able to get any diminished value compensation!

Huz-Z · 10-13-2009, 09:28 AM

PROOF THAT THERE IS "CAR"-MA

So, yesterday afternoon I spent some time cleaning up my new 2006 Montego blue 3.0 SI. As soon as I was ready to take it for a short spin, my wife announced that it was her turn!

So, without further ado, off she goes with the top down. Man that car looks nice! When she gets back, she tells me that some guy was so busy rubber necking and gawking at the Z as she drove by that - well - he rear ended the car in front of him!

Yipes!! Z4 Revenge?

Huzz

nmulax · 10-13-2009, 01:34 PM

So picked the car up this morning - it looks great, and I'm pumped to have it back!
But as soon as I start it I notice the TPMS light is on. I figure it's due to the car sitting for a week and the pressure dropping, no biggie, reset it and off I go. Then it pops back on.

There's a BMW dealer a mile away, so I go there and ask them to check the pressure and reset the system. They found a nail in the passenger side rear - so 2.5 hours after leaving this morning to pick it up, the car is up and running like a champ.

*oh, and I'm still waiting for some more info regarding the Diminished Value claim.

Z4Kevo · 10-13-2009, 11:03 PM

sorry to hear that bro...hope you have luck getting it all fixed.

nmulax · 10-14-2009, 01:43 AM

Yeah - BMW got my car in and fixed within an hour. Just made for a long day when I left my apartment at 7:45am and didn't even roll into the office till 11am.

So nice having the M back - got the thumbsup from a passing bicyclist while I was stopped at a light on the way home this evening.

pvr · 10-14-2009, 10:05 AM

I got the body shop to pay for a replacement tyre when they had my X5 in which came out with the sensor on. I showed the screw, as it was one of those typical car body screws and they paid up no problems after that.

bemmers · 10-22-2009, 01:56 PM

My Z4 was rear-ended 4 times by a MACK TRUCK, with the trailer on. He pushed me close to 90 ft. The police pulled a sneaky on me...We had traffic backed up & the police told me & truck driver to move our vehicles to the side of road. That was my first mistake, 2nd was not going by ambulance to the hospital. I did go to the hospital after all his & his companies info was in writing. That was 2 yrs ago & still seeing Dr's. Anyway, the police said it was a NON REPORTABLE accident, since the vehicles were drivable. He & the company he works for claimed responsibility. The truck was on my trunk, about 20 inches from my head. My car was repaired, also new tired (they had flat spots), but the car will never be the same.

10-09-2009, 08:38 AM	#23
neoexodus Private 7 Rep 67 Posts Drives: 09 335i E93 Join Date: Aug 2009 Location: Richmond, VA iTrader: (0)	hey N, I have always thought the same thing, but the insurance is not there to take care of the value of the car, only the cosmetic and driveability. I asked my father who was in Insurance (albeit Commercial Insurance, so not Auto) for shy of 40 years, and that's how it was explained to me... Sucks, but that's life I suppose. EDIT: Now, that does not take into account the possibility for Civil Suit, where I would assume that you could sue him for damages. If you can sue for hot coffee, I would suspect that you could sue for that, but dunno... Last edited by neoexodus; 10-09-2009 at 08:56 AM.. Reason: Adding Info
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10-09-2009, 08:55 AM	#24
Hawkeye Brigadier General 2070 Rep 4,365 Posts Drives: '07 Z4 Coupe, '21 X3, '16 GMC Join Date: Aug 2007 Location: Iowa iTrader: (0) Garage List 2016 GMC Sierra SLT [10.00] 2008 Yamaha R6 [9.00]	Yeah, you will never get compensated for diminished value unless you have collectors insurance on it. Does suck but what can you do? __________________ 2007 Z4 3.0si Coupe • 6 MT • Black Saphire Metallic • PP • SP 2016 GMC Sierra SLT Z71 Premium Plus 4x4 2017 Harley StreetGlide • Denim Black • V&H Tune 2021 BMW x30i • Phytonic Blue Metallic • Fully loaded
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10-09-2009, 10:05 AM	#25
MetMan Second Lieutenant 14 Rep 237 Posts Drives: 2003 Z4 3.0i, 2033 X5 Join Date: May 2009 Location: Houston iTrader: (0) Garage List 2003 BMW Z4 3.0i [1.00] 2003 BMW Z4 3.0i [0.00]	I agree with the above posts but diminished value is available through some companies for coverage of rental cars. Just a FYI.
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10-09-2009, 01:19 PM	#27
nmulax Brigadier General 379 Rep 4,320 Posts Drives: '07 Z4 M Coupe Join Date: May 2006 Location: Metro-Detroit iTrader: (5) Garage List 2007 Z4M Coupé [7.66]	Thank you Jim! I'm contacting CollisionConsulting.com right now, and hopefully will figure this out. The claim was handled through his insurance, so no change to my rates, and they've already provided me with a rental vehicle. The Diminished Value is the only part I'm concerned with now. __________________
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10-09-2009, 01:55 PM	#28
neoexodus Private 7 Rep 67 Posts Drives: 09 335i E93 Join Date: Aug 2009 Location: Richmond, VA iTrader: (0)	good luck, and let us know; that's the only thing that keeps me from ramming the jackasses that fail to yield right of way. If one could actually recoup that; perhaps I can get some teenage girl (or more appropriately, her parents) to buy my next car, or at least help me save up for it...
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10-09-2009, 02:12 PM	#29
Huz-Z Brigadier General 852 Rep 4,058 Posts Drives: Z4 3.0si, 328 XDrive, X5 35i Join Date: Aug 2009 Location: Canada iTrader: (0)	If the extent of the repair essentially amounts to removing the damaged bumper, installing a new one and repainting it - and maybe a new exhaust if it got bent - then there should be minimal change to the value of the car - at least to you!! Now, if the front end got whacked or the the door and other body panels needed straigtening, that could lead to creaks in the car later. Those types of collisions worry me. ANd would certainly make a buyer offer a lower amount in the event you sell it. If i recall correctly, your collision was about the best one could hope for - the part of the car that got damaged can be unbolted and a new popped on. Any good shop ought to do a great job on that! Huzz
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10-09-2009, 03:41 PM	#30
neoexodus Private 7 Rep 67 Posts Drives: 09 335i E93 Join Date: Aug 2009 Location: Richmond, VA iTrader: (0)	@Huz-Z: that's correct, the change in value may actually be minimal, but only an accident is reported and that's all you see on a Carfax/AutoCheck. Given comparable cars, one with no accident and the other with even a small accident, I'd find it hard to believe that all things being equal (esp. price), someone would choose the one with an accident on the record; and that's what diminished value is all about. @NMulax: My bet is that you will find the most difficult thing about this (or to prove to a judge) would be an actual figure for the diminshed value of the car, but as I've never really seen this before, I have no real idea. As I said b4, good luck and keep us posted.
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10-09-2009, 11:40 PM	#32
nmulax Brigadier General 379 Rep 4,320 Posts Drives: '07 Z4 M Coupe Join Date: May 2006 Location: Metro-Detroit iTrader: (5) Garage List 2007 Z4M Coupé [7.66]	Ughh, I didn't call the cops because: 1. It was midnight and I just wanted to get home and to bed. 2. I had two friends behind him, so yeah, 3 against 1 if it came to taking him to court. 3. I didn't feel the need to. Yeah, you never know about this - but it was a judgement call I made, and I was comfortable making that decision. Update: Car should be done on Monday __________________
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10-12-2009, 10:04 AM	#33
Hawkeye Brigadier General 2070 Rep 4,365 Posts Drives: '07 Z4 Coupe, '21 X3, '16 GMC Join Date: Aug 2007 Location: Iowa iTrader: (0) Garage List 2016 GMC Sierra SLT [10.00] 2008 Yamaha R6 [9.00]	Nnice info Jim! I was not aware of that option, it is a good thing to know. Keep us updated on if you are able to get any diminished value compensation! __________________ 2007 Z4 3.0si Coupe • 6 MT • Black Saphire Metallic • PP • SP 2016 GMC Sierra SLT Z71 Premium Plus 4x4 2017 Harley StreetGlide • Denim Black • V&H Tune 2021 BMW x30i • Phytonic Blue Metallic • Fully loaded
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10-13-2009, 09:28 AM	#34
Huz-Z Brigadier General 852 Rep 4,058 Posts Drives: Z4 3.0si, 328 XDrive, X5 35i Join Date: Aug 2009 Location: Canada iTrader: (0)	PROOF THAT THERE IS "CAR"-MA So, yesterday afternoon I spent some time cleaning up my new 2006 Montego blue 3.0 SI. As soon as I was ready to take it for a short spin, my wife announced that it was her turn! So, without further ado, off she goes with the top down. Man that car looks nice! When she gets back, she tells me that some guy was so busy rubber necking and gawking at the Z as she drove by that - well - he rear ended the car in front of him! Yipes!! Z4 Revenge? Huzz
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10-13-2009, 01:34 PM	#35
nmulax Brigadier General 379 Rep 4,320 Posts Drives: '07 Z4 M Coupe Join Date: May 2006 Location: Metro-Detroit iTrader: (5) Garage List 2007 Z4M Coupé [7.66]	So picked the car up this morning - it looks great, and I'm pumped to have it back! But as soon as I start it I notice the TPMS light is on. I figure it's due to the car sitting for a week and the pressure dropping, no biggie, reset it and off I go. Then it pops back on. There's a BMW dealer a mile away, so I go there and ask them to check the pressure and reset the system. They found a nail in the passenger side rear - so 2.5 hours after leaving this morning to pick it up, the car is up and running like a champ. *oh, and I'm still waiting for some more info regarding the Diminished Value claim. __________________
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10-13-2009, 11:03 PM	#36
Z4Kevo Private First Class 85 Rep 172 Posts Drives: 2007 M Coupe Join Date: Sep 2008 Location: Republic of Texas iTrader: (0)	sorry to hear that bro...hope you have luck getting it all fixed. __________________ 2007 BMW Z4M Coupe \| Sapphire Black \| 19" ZCP Wheels \| Michelin PSS - 245/285 \| Carbon Leather Black Corners \| UUC Short Shifter \| ///M Racing Pedals \| OE Strut Brace \| LED Accents \| PEMP Android
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10-14-2009, 01:43 AM	#37
nmulax Brigadier General 379 Rep 4,320 Posts Drives: '07 Z4 M Coupe Join Date: May 2006 Location: Metro-Detroit iTrader: (5) Garage List 2007 Z4M Coupé [7.66]	Yeah - BMW got my car in and fixed within an hour. Just made for a long day when I left my apartment at 7:45am and didn't even roll into the office till 11am. So nice having the M back - got the thumbsup from a passing bicyclist while I was stopped at a light on the way home this evening. __________________
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10-14-2009, 10:05 AM	#38
pvr Private 17 Rep 95 Posts Drives: F85 X5M Join Date: Apr 2008 Location: UK iTrader: (0)	I got the body shop to pay for a replacement tyre when they had my X5 in which came out with the sensor on. I showed the screw, as it was one of those typical car body screws and they paid up no problems after that.
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10-22-2009, 01:56 PM	#39
bemmers New Member 0 Rep 10 Posts Drives: 2005 3.0 Z4 Join Date: Sep 2009 Location: Pittsburgh iTrader: (0)	My Z4 was rear-ended 4 times by a MACK TRUCK, with the trailer on. He pushed me close to 90 ft. The police pulled a sneaky on me...We had traffic backed up & the police told me & truck driver to move our vehicles to the side of road. That was my first mistake, 2nd was not going by ambulance to the hospital. I did go to the hospital after all his & his companies info was in writing. That was 2 yrs ago & still seeing Dr's. Anyway, the police said it was a NON REPORTABLE accident, since the vehicles were drivable. He & the company he works for claimed responsibility. The truck was on my trunk, about 20 inches from my head. My car was repaired, also new tired (they had flat spots), but the car will never be the same.
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