Top slashed - insurance question
Ok, I see your point, even perhaps the body parts. But answer my question - isn't a replacement windshield a betterment? I just had the pitted windshield on my 1997 Outback replaced because a chunk of mesozoic cracked it - they replaced it with a brand new, Subaru windshield, and did not pro rate that? Ha-kum?
Whaler - No problem.
Road Rage - This is only speculation so take it for what it's worth. If you want a for-sure answer, let me know and I'll get one for you.
Let's say they gave you a windshield that was exactly the same as the one that was replaced, pits, cracks and all. The insurance company and the company that replaced it could be held liable if you were involved in an accident that was due to visibility issues from the windshield. Instead of having to deal with that, it seems that insurance companies would rather "eat it" with the cost of a brand new windshield, without betterment, than a multi-million/billion dollar law suit. Let me know if that makes any sense. I'm gonna get the real answer and post it here anyway just so we all know.
Chris
Road Rage - This is only speculation so take it for what it's worth. If you want a for-sure answer, let me know and I'll get one for you.
Let's say they gave you a windshield that was exactly the same as the one that was replaced, pits, cracks and all. The insurance company and the company that replaced it could be held liable if you were involved in an accident that was due to visibility issues from the windshield. Instead of having to deal with that, it seems that insurance companies would rather "eat it" with the cost of a brand new windshield, without betterment, than a multi-million/billion dollar law suit. Let me know if that makes any sense. I'm gonna get the real answer and post it here anyway just so we all know.
Chris
walkabt - That's a good point!! Betterment practices could be different from state to state so check your local laws.
Hendo - What do you mean by garage kept and rarely driven? 3 yr old S w/ only 10,000 miles fits in that category. Let's go to the extreme and say 3 yr old S w/ 20 miles? Even with that, there would still be a betterment charge. Again, it's not the condition, it's the age. Would a 3 yr old egg in perfect shape, taste the same as a brand new egg in perfect shape? No. They're both in perfect shape. How 'bout a brand new car that is purchased, will it still have the same value when you get in and drive it off the lot? Nope. At least 10% depreciation right off the bat. Incredible, I know.
SO, to answer the hypothetical scenario, even if the S is only 3 yrs old w/ 20 miles, it's, the top, still aged in those 3 yrs and the new top is brand new and BETTER than the 3 yr old top. BUT, you may be entitled to a lower betterment charge.
For those that haven't already checked, betterment in the Merriam Webster dictionary is defined as follows:
1 : a making or becoming better
2 : an improvement that adds to the value of a property or facility
www.merriam-webster.com
Check your contracts also, it may have a different definition.
Hendo - What do you mean by garage kept and rarely driven? 3 yr old S w/ only 10,000 miles fits in that category. Let's go to the extreme and say 3 yr old S w/ 20 miles? Even with that, there would still be a betterment charge. Again, it's not the condition, it's the age. Would a 3 yr old egg in perfect shape, taste the same as a brand new egg in perfect shape? No. They're both in perfect shape. How 'bout a brand new car that is purchased, will it still have the same value when you get in and drive it off the lot? Nope. At least 10% depreciation right off the bat. Incredible, I know.
SO, to answer the hypothetical scenario, even if the S is only 3 yrs old w/ 20 miles, it's, the top, still aged in those 3 yrs and the new top is brand new and BETTER than the 3 yr old top. BUT, you may be entitled to a lower betterment charge.
For those that haven't already checked, betterment in the Merriam Webster dictionary is defined as follows:
1 : a making or becoming better
2 : an improvement that adds to the value of a property or facility
www.merriam-webster.com
Check your contracts also, it may have a different definition.
I know back in the 90s that the Mazda Miata top dye bled into the plastic window. It was a known defect and, if it happened during warranty, were replaced - later models came out with the replaceable window (if they ever did that). I had a friend with an original Miata that had this problem. She set a time to get the top replaced by Mazda at no charge. Before her appointment, her top was slashed. I recall her insurance company took her deductible and betterment, since the top was noticeably crappy. She went after the dealership for the rest, since it was a known defect. Of course the dealership didn't want to reimburse her so she went to Mazda and argued her point, until Mazda finally reimbursed her through the dealership for both her deductible AND betterment, she was restored to having her top covered under warranty. Of course the insurance company still got stuck with the difference.
Point is: if your car is in warranty, and according to your rights in PA, your insurance company itemizes that they are taking betterment due to the condition of the window, you may have options to work/argue with Honda to get the betterment difference, if you can find/prove that Honda has replaced or repaired tops with this damage in the past. Once case has been established, in your state - not anywhere in the world, you may have options.
If they are just taking betterment due to age, you are probably stuck there, in which case, ask your insurance company how much the actual cash value would be for them to replace the top and see if you can find one for that price on your own. You might want to talk to dealers and see if any Suzuka Blue owners have replaced their BLACK top with a BLUE top and what they do with the relatively new BLACK top.
Point is: if your car is in warranty, and according to your rights in PA, your insurance company itemizes that they are taking betterment due to the condition of the window, you may have options to work/argue with Honda to get the betterment difference, if you can find/prove that Honda has replaced or repaired tops with this damage in the past. Once case has been established, in your state - not anywhere in the world, you may have options.
If they are just taking betterment due to age, you are probably stuck there, in which case, ask your insurance company how much the actual cash value would be for them to replace the top and see if you can find one for that price on your own. You might want to talk to dealers and see if any Suzuka Blue owners have replaced their BLACK top with a BLUE top and what they do with the relatively new BLACK top.




