need auto accident advice

[royalstar09]

Boy ooh boy. We went down to the dealer and bought a brand spanking new Sorento (2011) Saturday 16th. Wife was side swipped tonight Wed 20th. Please see pic below. What do we do ??? I know its value is less now even if it gets fixed to my satisfaction. It was not our fault. Other person was sited with tickets from Mo highway patrol. Never been through this before....It has 400 miles on it. We had custom pinstripe and 6 yr paint protection added http://www.kia-forums.com/images/smilies/sad.gif Body lines do not line up, it is pulling to the right really bad, slight vibration when driving now, neither door opens properly now. Pics do not show the entent of damages.

 

http://im1.shutterfly.com/media/47a1d901b3127ccefdfdf7adcdb700000030O08AZtmjJo0aOAe3nws/cC/f%3D0/ps%3D50/r%3D0/rx%3D550/ry%3D400/

 

http://im1.shutterfly.com/media/47a1d901b3127ccefdfc5bd26ce200000030O08AZtmjJo0aOAe3nws/cC/f%3D0/ps%3D50/r%3D0/rx%3D550/ry%3D400/

 

http://im1.shutterfly.com/media/47a1d901b3127ccefdfdd6138d8100000030O08AZtmjJo0aOAe3nws/cC/f%3D0/ps%3D50/r%3D0/rx%3D550/ry%3D400/

[BradT]

That sucks real bad. Up here with no fault insurance it depends on your insurance company policy, some may replace the vehicle.

 

Good luck.

 

Brad

[royalstar09]

My biggest fear is trade in in 24 months. I know the dealer said they auto check every trade. It will definetly need extensive repairs. I do not want to take a hit in value due to some lady who simply was not paying attention. If my wife was at fault it would be our baby. But when she is 110% NOT at fault I feel like a total vehicle replcement, or at least compensation for loss of value is justifiable. Sure do not relish the idea of paying on a new "rebuilt" vehicle We bought brand new to avoid previous owner gremlins. Now we have to always wonder if the body work will hold, how much does it take away on re sale, or trade value. .... just a bad situation

[Steel Horse Cowboy]

They will probably total the vehicle out. If not, they will replace front fender, both doors and anything else that is removeable that is damaged. The only place I see that would be repaired would be right around the gas lid area. I can't really tell from the pictures if the rocker panel below the doors is damaged or not. If it is this would be another place they would likely repair. They will repaint and blend the whole left side of vehicle and repinstripe.

 

C.R.

[jointventure]

Depending on the other driver's policy limits, she may be underinsured, ask your dealer how much the value has diminished now that the car's VIN# check will show a loss. Go to her insurance company with this figure. They are not going to want to pay it, so you may have to fight for it. It is a new car and insurance is to return it to pre loss condition and they owe you for any loss caused by their insured. Don't forget to get a rental as soon as you can using the claim# from her insurance co. If the car is pulling, then it is considered non driveable ( here in PA anyway) and you are entitled to a rental from her co. With her insurance paying daily for a rental, the whole repair process will move a lot quicker. You can always check with your states insurance commission for real answers, the insurance companies claims adjusters are going to tell you what they are trained to say. I don't know your states insurance laws, but fight to get what you can. In our business, if you don't ask for payment, you won't get it. It is very unlikely to be a total loss, in most cases the damage must exceed 80% of the NADA value.

Well I have to go to work now and tell a dozen or so drivers the same thing.

[MiCarl]

I suggest you start with your own insurance company. They can guide you through the process and may even do the leg work for you.

[rsstar]

Depending on the other driver's policy limits, she may be underinsured, ask your dealer how much the value has diminished now that the car's VIN# check will show a loss. Go to her insurance company with this figure. They are not going to want to pay it, so you may have to fight for it. It is a new car and insurance is to return it to pre loss condition and they owe you for any loss caused by their insured. Don't forget to get a rental as soon as you can using the claim# from her insurance co. If the car is pulling, then it is considered non driveable ( here in PA anyway) and you are entitled to a rental from her co. With her insurance paying daily for a rental, the whole repair process will move a lot quicker. You can always check with your states insurance commission for real answers, the insurance companies claims adjusters are going to tell you what they are trained to say. I don't know your states insurance laws, but fight to get what you can. In our business, if you don't ask for payment, you won't get it. It is very unlikely to be a total loss, in most cases the damage must exceed 80% of the NADA value.

Well I have to go to work now and tell a dozen or so drivers the same thing.

 

I agree with everything he said. A daughter of a coworker was in an accident that was not her fault and her vehicle was also brand new. The other persons' insurance paid an accident depreciation to them--the amount the vehicle was depreciated because of the accident. He got a good chunk of change. But whatever you do don't settle under pressure. Fight for what you think is right. I doubt very seriously that they will total your vehicle, but I would make damn sure all is right before I sign off !!!!

[royalstar09]

Thank you all for the advice. I will keep you posted as this plays out. The hit was pretty severe. Enough that it slid my wife sideways leavcing black marks on a paved highway. I have all intentions of at least consulting with a lawyer on diminished value laws so I better understand them. I am just sick about the whole thing. If it had been totaled I would not have nearly as many issues as driving around and paying for brand new that has been "rebuilt" to brand new.

[MikeWa]

Whether she feels it now or not I would be most concerned about possible injuries to my wife. These things have a way of coming back to haunt you in the future. I would also let my attorney and insurance company know about those concerns.

Mike

[jfoster]

Whether she feels it now or not I would be most concerned about possible injuries to my wife. These things have a way of coming back to haunt you in the future. I would also let my attorney and insurance company know about those concerns.

Mike

 

Not trying to be sarcastic, but if someone is injured by that....I would have to, "bs".

[Guest scarylarry]

Keep receipts of expenses..

 

I was rear ended 3 weeks ago in the jeep Ins. company wanted me to get 3 est. of the damage, I charge them my gas, day's salary plus the cost of the repair..

 

I just bought a new Altima and was very thankful that was the car the Pam said take the jeep since we was dirty from yard work...

 

She save me from killing a woman that day..

 

I'm afraid you might have to eat the cost of the devalue of it, only time I was caught in that lawyer said there is no real price and if the car was repair they did what they had to do...

 

This was a few years back when that occur but that is in Tenn. your state could be different...

[royalstar09]

Whether she feels it now or not I would be most concerned about possible injuries to my wife. These things have a way of coming back to haunt you in the future. I would also let my attorney and insurance company know about those concerns.

Mike

 

Appreciate the concern, but a little headache either from stress of being hit, or possibly a bump on the sideglass was her only complaint last night. This morning she was fine, kids are fine. They all were properly buckled in and do not have any complaints as of right now. Since it was more of a "glance" and slide vs a straight on lateral impact we sure do not forsee any future medical issues. Her insurance company stressed to us on the phone today the importance of making sure we were all ok. We let him know that "as of right now" there did not appear to be any medical injuries.

[bongobobny]

NEVER EVER accept the first offer, and pretty much the same advice on the second either! Insurance companys are in business to MAKE money, not give it away! Make THEM sweat it out!

 

I already gave my opinion on claims adjusters in another thread a while back but a member took offense to my statement so I won't give it here...

[waterbug]

I do bodywork for a living and was a manager at a few shops. From what I see of the pictures and I know you cant tell much from a picture you are far from a total and the damage may look bad to you but I see cars bad enough they should be totaled but wont be due to value. I see alot more of new cars getting hit than you think and even get some cars back the same day we fix because they never made it home before getting hit again. Just remember its a car and they all can be replaced and fixed. Find a shop you trust or his highly recomended and your agent can help with that. i agree let your insurance guide you if you dont know what to do. I get a lot of high end cars were I work and most of the people are a pain in the butt because thier car means more than their kids or anything else. Get it fixed how you want but make sure the est you get is fixing what you want. The guys that work on it only get paid for what they do so if they dont get paid to fix it odds are its not going to get done for free. Good luck

[ediddy]

Your auto has to be put back in the condition it was in before the accident. Most reputable insurance companies today guarantee the repairs for life. Thats why the "cheap" insurance might not be the best. In Georgia insurance companies have to pay the diminished value also. Check with your state and see if there is diminished value. Ignore the "don't accept the first offer, or the second offer" nonsense. If the company makes a fair settlement and most do, let them repair the vehicle. Don't listen to the get an attorney talk either. Unless there is bodily injury an attorney is not going to waste their time on a property damage claim. If an attorney did take the case why give him 1/3 of what you would get anyway. Good luck.

[Guest scarylarry]

Your auto has to be put back in the condition it was in before the accident. Most reputable insurance companies today guarantee the repairs for life. Thats why the "cheap" insurance might not be the best. In Georgia insurance companies have to pay the diminished value also. Check with your state and see if there is diminished value. Ignore the "don't accept the first offer, or the second offer" nonsense. If the company makes a fair settlement and most do, let them repair the vehicle. Don't listen to the get an attorney talk either. Unless there is bodily injury an attorney is not going to waste their time on a property damage claim. If an attorney did take the case why give him 1/3 of what you would get anyway. Good luck.

 

This is what I found in a research of the law seems Ga is sticks out on this one:

 

Most insurance companies and state insurance departments say insurers are not obligated to pay for diminished value. Others -- most notably the state of Georgia -- say they are. How successful you may be in making a diminished-value claim depends largely on what state you call home.