hit in traffic?
Registered User
Joined: Mar 2002
Posts: 2,771
Likes: 0
From: Houston, TX
Look here for some information about insurance.
I had something similar happen to me a while back. Stupid girl could not park her car, swung wide and hit my rear fender/bumper. They ended up replacing the entire bumper, mostly because there were a couple of fasteners that were broken off and could not be repaired. The body shop was part of a Honda dealership, so the issue of not using original parts never came up.
Some words about my experience. Diminished value depends on the state that you live in. In Texas, you can get it if you are not the at-fault party. In my case, the guy at Farmers Insurance told me (after I brought up the issue; he himself kept very quiet about it) that he had authority to pay out 20% of the repair bill as diminished value payment. Obviously that is negotiable (I laughed at him).
Do not go through your own insurance company to file this claim, if you are not at fault. Regardless of whether they have to pay you any money out of their own pocket, the more activity you have on your account, the higher a risk you will be considered and the more likely future rate increases will be. Deal with the other driver's insurance company directly, be friendly but firm, and you should get a good response and quickly. Know what you want and what you reasonably can expect before you call them to establish your negotiating position.
I would not hold my breath for reimbursement for time and hassle, though.
You have the right to choose your own shop to make the repairs. If you find one that you are comfortable with and that is also listed on the insurance company's list of primary service providers, you score a double-whammy since the insurance company in that case will not send out an adjuster to evaluate the damage and will take the shop's word for what is necessary for the repairs.
If you are not happy with the repairs, make them start over again until they get it right. You are entitled to have a car that is equal to what you had before the accident. If your car was in pristine condition before, your car should be as good as new (well...) after you get it back as well.
Good luck.
I had something similar happen to me a while back. Stupid girl could not park her car, swung wide and hit my rear fender/bumper. They ended up replacing the entire bumper, mostly because there were a couple of fasteners that were broken off and could not be repaired. The body shop was part of a Honda dealership, so the issue of not using original parts never came up.
Some words about my experience. Diminished value depends on the state that you live in. In Texas, you can get it if you are not the at-fault party. In my case, the guy at Farmers Insurance told me (after I brought up the issue; he himself kept very quiet about it) that he had authority to pay out 20% of the repair bill as diminished value payment. Obviously that is negotiable (I laughed at him).
Do not go through your own insurance company to file this claim, if you are not at fault. Regardless of whether they have to pay you any money out of their own pocket, the more activity you have on your account, the higher a risk you will be considered and the more likely future rate increases will be. Deal with the other driver's insurance company directly, be friendly but firm, and you should get a good response and quickly. Know what you want and what you reasonably can expect before you call them to establish your negotiating position.
I would not hold my breath for reimbursement for time and hassle, though.
You have the right to choose your own shop to make the repairs. If you find one that you are comfortable with and that is also listed on the insurance company's list of primary service providers, you score a double-whammy since the insurance company in that case will not send out an adjuster to evaluate the damage and will take the shop's word for what is necessary for the repairs.
If you are not happy with the repairs, make them start over again until they get it right. You are entitled to have a car that is equal to what you had before the accident. If your car was in pristine condition before, your car should be as good as new (well...) after you get it back as well.
Good luck.
Registered User
Joined: Jan 2004
Posts: 4,938
Likes: 0
From: limerick
Originally Posted by mikegarrison,Sep 30 2004, 09:38 PM
excel, I have State Farm too. The way it works in my policy is that if State Farm ends up paying more than $750, it is a "chargable" accident. If they get all (or almost all) the money back from the other party's insurance, it is not chargable to me.
This sort of thing varies state-by-state. YMMV.
The only time I didn't get back 100% of my costs when somebody else was at fault was also the only time that I didn't go through my own insurance company. The other company made some stupid claim that their party was only 90% responsible, so they would only pay 90% of my costs. I was young and dumb and thought I had to accept what they offered. These days I would have just said, "that's interesting, I think I'll let my lawyer take over this negotiation". Except I wouldn't have needed to do so, because I would have already made a claim through my own insurance co. and they would be the ones dealing with it.
This sort of thing varies state-by-state. YMMV.
The only time I didn't get back 100% of my costs when somebody else was at fault was also the only time that I didn't go through my own insurance company. The other company made some stupid claim that their party was only 90% responsible, so they would only pay 90% of my costs. I was young and dumb and thought I had to accept what they offered. These days I would have just said, "that's interesting, I think I'll let my lawyer take over this negotiation". Except I wouldn't have needed to do so, because I would have already made a claim through my own insurance co. and they would be the ones dealing with it.
Registered User
Joined: Jul 2003
Posts: 7,840
Likes: 1
From: socal
It may vary state to state. I dont know how long ago your experiences were, but i beleive, near late late 90's or early 2000, the Insurance commissioner passed a 'goodwill' clause that allowed any insurance co. to be heavily fined if they pull the shit described above. I dont know if this is a nation-wide clause though... maybe some state can still get away from it. I know in Cali, NO insurnace co. wants to fcuk with the commissioner, but would much rather pay the claim and fight to get their money back.
Back to the subject, if the police found the other party at fualt, and/or their insurance co. admits 100% liability, go through them. I'm just saying, if there is some dispute on liability, you should go through your own carrier; you'll get your car back/ fixed much much sooner.
Back to the subject, if the police found the other party at fualt, and/or their insurance co. admits 100% liability, go through them. I'm just saying, if there is some dispute on liability, you should go through your own carrier; you'll get your car back/ fixed much much sooner.
Thread
Thread Starter
Forum
Replies
Last Post
s2kdriver80
New York - Metro New York S2000 Owners
9
Sep 27, 2004 02:58 AM