TylerS2k

Hi all,

My beautiful 42k mile ap1 s2000 just got rear ended today.

I was literally about to sell her friday. Buyer was going to fly in from Arizona and all.

The damage seems to be as follows:

Warped bumper with lots of cracks. A repaint won't cut it, the whole thing will need to be replaced
Cracked taillight

But I haven't done a thorough inspection yet.

I am seeking advice on pursing compensation for diminished resale value as the car is now no longer a 10-vin tag car, as well as (possibly) damages for lost business (unlikely but worth an ask) as the buyer backed out

I am in the state of California and I have a ton of photo documentation that you can see below.

Best,
Tyler

vortamock

Be sure to ask the claim rep. Different states have different laws about it.

JasonMG

This varies massively state-to-state, make sure to consider where the replying person is from when reading anyone's reply... and I agree with Vortamock, talk to your claim rep before committing to anything.

Here in Connecticut, diminished value is very easy in some circumstances and almost impossible in others. Most first-party (ie yours) insurance policies specify that they repair the car. Courts have sided with insurance companies for first party claims. Third party claims, on the other hand, seem to allow for it. For connecticut, https://www.cga.ct.gov/2007/rpt/2007-R-0011.htm has a lot of info on it. Again, you'll need to dig up something like that for CA law.

The 10-vin thing is very much not industry standard and if you don't have a specified value policy, you may have a hard time using that as a part of a diminished value claim unless you get a particularly friendly/savvy/flexible rep. There are a few recent threads about specified value policies, since the S2K is generally selling for more than bluebook, etc.

Repairing the car can be done relatively inexpensively but making you"whole" financially, especially when you were about to sell, is more difficult.

lookstoomuch

Docment is much as you can in these situations. Any correspondence between you and the potential buyer will help in recouping financial loss.

Rright now the other parties insurance company will see this as a rear bumper cover replacement on a "Honda".

Sorry this happened

Chuck S

The claims process is simple: call your insurance company. It's their job, not the guy who hit you.

-- Chuck

IA-SteveB

I'd make sure you have plenty of pictures of the damage that you can reference if it goes up for sale again. Seeing the damage and the current state will go a long way towards giving a buyer peace of mind. "Minor repairs" can mean different things to different sellers so having proof is good practice.

ragtophardtop

I've been through this process, you don't want to file a claim with your insurance unless you can't get the other person's insurance to pay.

Document everything. Communicate in writing with the insurance company or it didn't happen. Notify them you will be pursuing a claim once the repair is complete.

Once the repair is complete, either negotiate yourself or pay (about $400) for an appraisal. You have to pursue the person who hit you, not the insurance company (legal reasons).

Pm me if you want more info, I can send you the DV guide I got from my appraiser.

Chuck S

It's your insurance company's job to (1) repair your car to your standards and (2) pursue restitution from other driver or their insurance company. You'll pay your deductible up front but it will be refunded when full restitution from the responsible party occurs. Never deal directly with someone else's insurance, they don't work for you.

-- Chuck

G4Z808

When I was rear-ended in my BMW M235i in 2015 I originally contacted my insurance the day of the accident , then after talking with the rep decided I wanted to file the claim with the other parties insurance instead. I contacted the other parties insurance the same day, then after they contacted the other party to confirm the claim is valid they called me back and started the claim.

The upsides to going through your own insurance is
- They will take care of you immediately
- As-long as you have full coverage they will take care of all the repairs
- You let them work for you
- You don't have to wait for Fault to be established

The downside of going through your own insurance is
- Your claim will be subject to the limitations of your coverage
- For example , I had the bare minimum rental car coverage which would have put me in a Chevy sonic or something.
- It will be harder to get OE replacement parts unless you have specific coverage for that
- You will be responsible for the deductible up-front, and your insurance will pay you back after they reclaim the money from the other party
- If you plan to seek additional compensation for Medical injuries or diminished value, you will have to go through the other parties insurance anyways

Here's what I experienced going through the other parties insurance
- Since fault was established the first day of my accident , the claim was able to proceed the next day
- Since the other parties insurance has the duty to "make you whole" everything should be covered with no out-of-pocket up to the limit of their collision coverage, which usually should be enough
- I was given a rental the next day after the accident, and since I told the adjuster that my car that was damaged was a luxury/sports car, they had the duty to give me a similarly classed rental. So I got a ecoboost mustang rental
- Granted my car was brand-new and there wasn't really aftermarket parts at the time . All repair parts were ordered new from BMW
- When I negotiated injury compensation and diminished value, it was with the same adjuster I was already working with

I can only speak to what I experienced in my rear-end collision. It may not apply in all cases

ragtophardtop

This has been my experience on the 2 times I was rear-ended. I talked with my insurance company and they said they could go through them, but the more questions I asked it became apparent there's really no benefit in doing this if the other driver is at fault and their insurance company is cooperating. On the contrary, you have less leverage with your own insurance company to get OEM parts, and you can't pursue them for a DV claim, you have to pursue the other driver anyway.