by wmann6 » Sun Sep 05, 2010 07:25 pm
the other driver was at fault according to our insurance which is state farm.we flew back home,unable to drive a rental from detroit area to clarksville,tn.we were driving at the posted speed limit at 50 mph.all we know is extensive heavy damage to front end,broken w/shield air bags deployed,hard to open frt drivers side door,etc, car at dealer waiting for claim adj.blue book with 5,500 mile said 17,000 plus.if repaired we dont want it back huge diminished value is it possible to ask claim adj to declare the vehicle totaled?how do we get car back?will ins pay our airfare to mich,and hotel fare driving back home?
Posted: Sun Sep 05, 2010 09:49 pm Post Subject:
if repaired we dont want it back huge diminished value is it possible to ask claim adj to declare the vehicle totaled?how do we get car back?will ins pay our airfare to mich,and hotel fare driving back home?
As far as having the vehicle "totaled" -- that's not your call. To be a total loss, there must be more damage than about 75% of Actual Cash Value, or significant repair challenges such as frame damage, engine damage, and the like.
Not exactly sure how the insurance company will deal with delivering a repaired vehicle to you -- could be by rail delivery or long distance carrier. I doubt that they would provide transportation and lodging. Perhaps one of our adjusters will prop in with their expertise.
Posted: Sun Sep 05, 2010 11:05 pm Post Subject:
Most likely it sounds like a total. If it was not, insurance should pay for someone to fly back and pick up the vehicle. All other expenses you would have had driving it back anyway. Personally, I'd probably through in another $100 or so for the inconvenience or perhaps a little more for a couple of nights at a hotel room. _I_ know it's a pain to go back and pick up a vehicle and I've never been one to pinch a penny or dime here or there. It's a pain to get a flight, fly out, pick up the car and drive it back. If I can simply pay for the flight and put another $100 or $200 in top of that (in addition to any _extra_ expenses) to smooth it out, fine.
If there is no lien, you don't want it back, and it's a total, then you can simply take the repair money, have it salvaged where it's located and buy another vehicle. That would be your choice.
Posted: Sun Sep 05, 2010 11:14 pm Post Subject:
I am not an attorney and this information should not be construed as legal advice, but this is what I would do if it were my vehicle. I would send the insurance appraiser and their supervisor a certified letter notifying them of your intent to file a diminished value claim should they elect to repair the vehicle. The cost of repairs and the loss in value would put the insurer paying more than if they would simply total the car and sell the salvage.
I might even elect to file a claim with my own insurer as well. One has absolutely more contractual obligations from your insurer to place you back in a position you held prior to the loss. You have the option with your company to retain the salvage if their is no lein against it and offer the vehicle for sale to the other insurer. Sell the salvage to the highest bidder. Add what the other insurer elects to pay you for your loss to the sell of the vehicle. The amount that is deficient in reaching the actual cash value of your vehicle prior to the loss would be your diminishment of value.
If you allow the negligent party's insurer to control the repair process, you may befaced with arbitrary deadlines to make a decision to authorize the repair process and the threat of removal of a rental car if you fail to cooperate with their election.
I would also think that expenses of traveling to your destination and returning to retrieve your salvage or sell the salvage, may be additional losses to which you may be entitled due to the negligence of their insured. I would consult an attorney on that matter.
If you allow them to only pay for repairs and you proceed, they will still be liable after you retrieve the vehicle for your losses of use and diminishment of value. You could still sell the vehicle or trade it in on another with the accident history and the dealer could sign a statement of how much they were deducting from your trade-in value. The difference would be your DV damages.
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