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Car might be totaled...

25K views 65 replies 20 participants last post by  DarrenBach 
#1 ·
I parked on the street when I went out to dinner tonight. Came out to flashing lights. Thought I was getting a parking ticket. As I got closer I found that parts of my car were scattered down the street. Someone drove into the back of it. Never even hit the brakes. His car was about 100' up the road. Pushed mine about 20'. I have a feeling the frame is bent too. Won't be surprised if it's totaled. Sucks... I was on my best MPG average for this tank too. At least it wasn't a full tank.



 
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#35 ·
The adjuster is from my company. They are handling it and will then take care of things with the other guy's ins.

I ask about the battery pack. It won't hurt.

After spending less than two days in a Nissan Maxima rental I'll be trading it from a Ford Fusion Hybrid later today. I like the car and it's fun to play with but gas is going to be like a car payment.
 
#37 ·
True. That was the first car that I sat in with my kids when I started thinking about getting another car last year. I realized that was the size that we need and they liked it. I later came across the Sonata and the rest is history.
 
#38 ·
I just called the person that is handling my claim. He said if I run into a problem with the hybrid battery or anything else and it's found to be related to the accident, I can contact them and they will cover it. Even if it's 2-3 years down the road.
 
#39 ·
I would get that in writing!!! 2/3 years down the road will mean nothing if you don't have some way of proving what he/she said. I doubt that someone has the power to predict what problems you could have with the car because of the accident, it's just the way it is. Remember, it has to be proven that the wreck caused the damage. There's always that fine print to deal with.


I would like to know how this "diminished value" is figured. I know I wouldn't want to buy a vehicle that has been in a wreck like yours, but once it's fixed it's hard to say what the value of the vehicle is . Once it's fixed and all is well, runs and looks fine, what's the problem?


I hope it all works out the way you want.
 
#41 ·
I would like to know how this "diminished value" is figured.
You can only claim diminished value (DV) if you're not the at-fault party. In this case, I'm a little confused why OP's insurer is covering the loss. There is no question of fault. The car was parked and was rear-ended. Was the at-fault driver uninsured, or is OP choosing to go through his insurance company first, pay thee collision deductible, and then try to subrogate against the at fault party? The only logical reason to persue this route is if the at-faullt driver is uninsured or underinsured.

Regarding DV, I'm not certain you can claim it against your own policy. You probably can, but only if the at-fault party is uninsured/underinsured. Diminished value provisions are determined by state law, and not all states do it the same way.

I know the OP hopes the vehicle is repairable. For his/her sake, I'm hoping the claim is a constructive total loss (i.e. the car could be repaired if money were not an issue, but to repair it would cost more than 75-85% of its "replacement value"). The sheer number, variety, and extent of issues that can and will arise or remain after such an extenive repair are staggering.

Not sure if OP resides in a snow belt state, but if so, make sure the body shop uses the TSB specified rear control arm if the car gets repaired, especially if the rear control arm TSB applies to the vehicle's VIN.
 
#40 ·
Formula 1 cars have used Lithium batteries for their KERS for years.

The introduction of the Kinetic Energy Recovery System that will eventually make every future Formula One race car a hybrid began in ’09.

F1 teams may use KERS to draw 60 Kw from the rear axle, store that energy and reuse it by pushing a 'boost' button. The system uses regeneration to collect and store energy during braking and allows the drivers to use 60 Kw (82 hp) for 6.6 seconds per lap.

Also included in the system is a KERS control unit. The battery pack is mounted at the bottom of the fuel cell and in the case of Ferrari is supplied by French Li-ion battery maker Saft.

Starting this season F1 drivetrains are offically "power units."
 
#42 · (Edited)
I also am a bit surprised that the op didn't immediately open a claim with the offenders insurance. I wouldn't want to open a claim on my insurance, especially of this magnitude, and raise my rates when it wasn't my fault. I was always under the impression that whenever you open a claim it still will raise your rates, but i maybe that has changed? Maybe the offenders insurance was crappy or something.

A friend of mine is fighting with someone who rear ended him and ultimately caused a three car chain reaction crash. The offender has a bargain insurance like a Safe-auto or something. It has been over a month and nothing has come of it yet. Sucks for him.
 
#43 ·
I can't remember the last time that I was involved in an accident or had a claim that was being paid be someone else's insurance so my first thought was to contact my ins co, have them handle it/represent me and then settle up with the other person's ins. Don't know if this is the correct way to do it in a case like this. I pay enough for insurance that I don't use each year so I midas well take advance of it and the knowledge of the people at the ins co. I feel that if I went through the other person's insurance, they might try to cut corners and deny things. Plus I'm covered for $45. per day for a rental so I don't get stuck driving an economy car until this is over.

As for wanting the car totaled or not. I'm kind of torn. Part of me wants it to be totaled. But if it is, that will cost me money. Probably at least $3k-$5k to replace it because the chance of finding a another one like this was when I bought it in January are very slim so I'd end up having to by a new car. I don't want to replace it with a car that has 35k-40k miles on the odometer. That would over a years worth of mileage more than my car currently has. If it's not totaled, I hope that it doesn't have any issues after they are done with the repairs. The car was nice, smooth and quiet before it was hit.

For those that have had a car totaled, how long do insurance companies usually authorize a rental for after they determine that it's a total loss?

As for diminished value if the car isn't totaled, it seems like that might turn into a legal battle and not a quick claim. A lot of the DV info that I found has links to a law firm. This link has info about DV for the 50 states -

http://www.mwl-law.com/wp-content/uploads/2013/03/diminution-of-value-in-all-50-states.pdf

And a reply that I read while doing some research -

It's a little different in a third party liability claim (you against the driver who caused the accident) because the responsible party is obligated to put you back to where you were before the accident.

So, yes, you can file a diminished value claim against the other driver and pursue it with his insurance company.

Start by calling up his insurance company's claim department.
 
#46 ·
Sorry about that, but I believe it is the best thing that could have happened in this circumstance in regards to getting you back in a safe, trouble free auto. When our 2003 Mazda MPV minivan was totaled in 2005, we had around 60,000 miles on it and they gave us around $14,000 for it. I applied the whole amount towards a brand new 2005 model year MPV and paid $18,500 after rebates and some haggling. I know it cost a bit more than they gave us but I was in a brand new, safe van, and we still drive it today with 150,000 miles on it. With all the deals Hyundai has been offering, you may be able to get a great price on a new or slightly used one.
Best of luck.
 
#47 ·
I'm going to start searching when I get home tonight. I really like this car and if I replace it with another one I'm going to want the same color and options unless the deal is to good to pass up. Going to look for a new '14 first. Maybe I can score a leftover.

One thing that I like about the Fusion Hybid that I'm driving is the mileage. I'm in the mid-upper 40s with really trying.
 
#48 · (Edited)
One thing that I like about the Fusion Hybid that I'm driving is the mileage. I'm in the mid-upper 40s with really trying.


One thing to remember with the 2013+ HSH... they did put a more powerful electric motor in that is giving me 3+MPG city than what my 2011 was getting.

Good luck searching.
 
#49 ·
That's true! This is my first totaled car in over 15 years. Any words of wisdom in wrapping this up with the insurance company? I want to make sure I get what it's worth. The message that I received said that it's totaled, they will contact me to discuss the price and would like to know when they can pick it up. I rather hold onto it until we settle on a price. Also wondering how long the rental will be authorized for.
 
#58 ·
. Also wondering how long the rental will be authorized for.
I think that you get it till the insurance company settles your claim, at least that was how it worked with me and my totalled car.
I got a couple of days after the settlement to arrange for transportation, part of the reason why the body shop called me and warned me they thought the car was going to be written off.
 
#50 · (Edited)
I don't know if you bought a spare kit but if you did, it would be smart to remove it at the body shop for your next purchase, as they won't be reimbursing you for it. Also, when my van was totaled they gave me an estimate of the van's worth for me to look over and sign , but I had installed a tow hitch on my own for the bikes, so when I mentioned it to the adjuster, she gave me extra for the towing package.
 
#51 ·
Thanks for the suggestion! I pulled the tire out about 20 minutes ago :) Working on getting my receipts together now. Pretty much covers the tint, hitch and light upgrades. I believe they total to around $900.00. It's all in the last few months so depreciation.
 
#53 ·
I made sure it was easy, I had the car towed to my house that night. I don't trust it sitting in storage areas and if the car was totaled, I wanted to make sure I could easily clean it out and not have to drive somewhere to do it.
 
#55 · (Edited)
Just an FYI we just traded our 2013 HSH Limited for a 2015 Sonata Limited. It is sitting on the lot at a Hyundai dealer in Fall River. It is the Hyper Silver color though, not red. You may be able to get a good deal. I got up to 49 highway on that car. I think it had about 24,000 miles but bought it brand new. That would be funny if someone else from this forum bought it!

 
#56 · (Edited)
Thanks for the info! I bought a red '14 at RT44 Hyundai this afternoon. I go into Empire once in awhile so I might end up seeing your car there. I haven't noticed that color on the lot so it might be the only one after it goes though recon.

I'm waiting to hear from the insurance company now. I called the guy that did the appraisal today. He said he was just letting me know that it was totaled. He submitted everything to the ins co so they will go over it then contact me with a figure. I asked the rental car agency how long they usually authorize a rental in a case like this. He said it depends on the situation but he's seen up to 2 months.
 
#59 ·
I stopped by there for some paperwork today. Saw yours out front. Clean car!

I think that you get it till the insurance company settles your claim, at least that was how it worked with me and my totalled car.
I got a couple of days after the settlement to arrange for transportation, part of the reason why the body shop called me and warned me they thought the car was going to be written off.

I've been speaking with the adjuster today. Will be interesting to see what kind of number they come up with. She said they search for like vehicles in the area, combine that with NADA figures along with some formula and then reach a number. Comparable vehicles that I've located are in the $21,400/$22,900k range. All had higher mileage. Figures between KBB and NADA have been in the high $20k to high $21k range.

Interesting tidbit, she said they won't cover the upgrades that I've done (tint, hitch and lighting). They won't cover those items because I chose to do the upgrades. They weren't needed like new tires or a rebuilt tranny that I had to pay for. I had another car totaled years ago. At least $10k in mods and they were covered. I contacted my agent then sent copies of the receipts so they can submit them to the other ins company.
 
#60 ·
I guess this is the final news for the '11. Paid $18,700. plus tax January 31st ($19,868.25 total). Insurance company is giving me $19831.00 + $1239.44 for tax ($21070.44 total). I'm up a little over $1k after finance charges. Not bad after driving it for 7 months.

I submitted about $900. worth of receipts for the upgrades. They will be put through the other insurance co so maybe I'll get that money back.

The outcome to this could have been a lot worst. I'm not as upset as I was the night it happened. Still not happy about having to out of pocket a few grand but I get to jump up 3 model years, have a better warranty, more features and probably better MPGs. I guess I did okay.
 
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