a drunk smashed my S
Originally Posted by dangators05,Feb 25 2007, 05:00 PM
Good luck with everything.
FYI: A mental anguish recovery in a civil suit WOULD NOT happen. Unless you can prove (with a degree of certainty of course) that (1) your car is a blood relative AND (2) the drunken tortfeasor's injury of your car really f***** up your ability to live a happy life. Otherwise, just get the car fixed and try a diminution in market value claim if your state allows for them.
FYI: A mental anguish recovery in a civil suit WOULD NOT happen. Unless you can prove (with a degree of certainty of course) that (1) your car is a blood relative AND (2) the drunken tortfeasor's injury of your car really f***** up your ability to live a happy life. Otherwise, just get the car fixed and try a diminution in market value claim if your state allows for them.
Unless you can prove it (lots of medical documentation of your damaged mental state) you wont get anywhere.
Originally Posted by dangators05,Feb 22 2007, 12:02 PM
defecation of character

Seriously - I don't care what drug you're on - how the F#CK do you hit a stationary object?
Yes I definitely have mental anguish. I drove my rental car up to visit my son at college and a kid driving an AP2 silverstone just like mine went by with the top down. 2 minutes later he came back with his girlfriend in the car with the top up. I just started to howl. My son quickly said bye mom because I was embarrasing him.
My guy at the body shop called today, the car will probably be done in another 3 weeks. The owner of the shop says that if anything is not perfect, bring it back and they will make it right. As soon as I get it back I'm taking it for a long twisty ride!
I've asked my insurance co. about diminished value. They say there is no such thing in California but I will check this out.
Thanks for your sympathy and ideas
My guy at the body shop called today, the car will probably be done in another 3 weeks. The owner of the shop says that if anything is not perfect, bring it back and they will make it right. As soon as I get it back I'm taking it for a long twisty ride!
I've asked my insurance co. about diminished value. They say there is no such thing in California but I will check this out.
Thanks for your sympathy and ideas
Originally Posted by CARNUTMAMA,Mar 2 2007, 12:25 AM
Yes I definitely have mental anguish. I drove my rental car up to visit my son at college and a kid driving an AP2 silverstone just like mine went by with the top down. 2 minutes later he came back with his girlfriend in the car with the top up. I just started to howl. My son quickly said bye mom because I was embarrasing him.
My guy at the body shop called today, the car will probably be done in another 3 weeks. The owner of the shop says that if anything is not perfect, bring it back and they will make it right. As soon as I get it back I'm taking it for a long twisty ride!
I've asked my insurance co. about diminished value. They say there is no such thing in California but I will check this out.
Thanks for your sympathy and ideas
My guy at the body shop called today, the car will probably be done in another 3 weeks. The owner of the shop says that if anything is not perfect, bring it back and they will make it right. As soon as I get it back I'm taking it for a long twisty ride!
I've asked my insurance co. about diminished value. They say there is no such thing in California but I will check this out.
Thanks for your sympathy and ideas
Definitely should look into demenished value.
I have a hard time believing that there is no such thing as diminished value in CA. Seems to me like they are just trying to get out of paying you more.
Short explination
*edit*
A longer explination HERE
Seems California courts tend to side with the insurance against DV claims, but that doesnt mean there is no such thing. You would just have a harder time winning.
Short explination
*edit*
A longer explination HERE
Seems California courts tend to side with the insurance against DV claims, but that doesnt mean there is no such thing. You would just have a harder time winning.
As a guy who has had his car hit 8 times in 4 years I will tell you that I am sorry for you and that this process will be a PITA. Don't settle for anything you are not happy with.
If the body shop has a problem, take the car elsewhere. If the insurance company gives you flak, find the contact information for your state's insurance commissioner. I had the chance to meet the one in TN. I explained my problem to him. I was very polite and very thorough. He listened to me, picked up the phone, and told the insurance company that my demands seemed reasonable and that they would be well advised to comply.
Long story longer: A supervisor contacted me within 24 hours to apologize and complied with every demand.
My frame was bent as well. Not to the extent of yours I'm sure. Although I agree that after having a bent frame a car is never the same, my car has been perfectly fine ever since. I cannot tell a difference.
Good luck to you.
If the body shop has a problem, take the car elsewhere. If the insurance company gives you flak, find the contact information for your state's insurance commissioner. I had the chance to meet the one in TN. I explained my problem to him. I was very polite and very thorough. He listened to me, picked up the phone, and told the insurance company that my demands seemed reasonable and that they would be well advised to comply.
Long story longer: A supervisor contacted me within 24 hours to apologize and complied with every demand.
My frame was bent as well. Not to the extent of yours I'm sure. Although I agree that after having a bent frame a car is never the same, my car has been perfectly fine ever since. I cannot tell a difference.
Good luck to you.





