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Smart Shopper Questions About Auto Insurance & Accidents
4415 messages, Last post on Dec 03, 2009 at 10:32 PM
You are in the Smart Shopper Forum. Your Hosts are kirstie_h & tidester
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My friend took his car for oil change to BMW of sterling on Aug 4 2007 at 11.30 a.m He owns 2006 BMW 325 i. The porter or guy who drove the car hit it against BMW SUV which belong to BMW of sterling. My friend called cops.He spoke to their insurance guys also. They said they will fix the car.But we never know will they fix it properly. He is planning to sell his car.But now the car value has diminished. The impact was to the front right portion of the car. Headlamp assembly, hood,bumper, fender, door, radiators, wheel well plastics, wires, hoses, etc. It looks like at least $10,000 in repairs. His car has approx. 14,000 miles and was perfect in all ways before the wreck. What should he *** I would think that it's not too much for him to ask them to buy his car for at least the market value just before the wreck. What do you think? But they declined to pay for the car.
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Replying to: mrinaldutta12 (Aug 08, 2007 2:22 pm) So, lets drop that nonsense. Accidents happen,that is why you have insurance. It is silly to make a dealer buy a car just because had an accident in it. If I loan you my car,and you wreck it,should I make you buy it form me for its full market value? Of course not. Now, is the cars value diminshed? Yes, it is. How much is the question. Since the dealers ins co is on the spot,you should be able to make a case for diminished value.My advice is to have your friend contact his ins co and find out what information and what process is necessary in VA to file such a claim. May need a lawyer too.
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Replying to: volvomax (Aug 08, 2007 3:18 pm) If the dealer's insurance company refuses to pay you can sue them for diminishment and probably win. The other insurance company will definitely fight this or drag it out, and will require you to do further legwork.
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Replying to: Mr_Shiftright (Aug 08, 2007 3:35 pm) You would be able to sue the BMW dealership if you wished, however. I don't know about probably win, and I certainly doubt that 25% is an accurate DV value. Heck, why repair the car if that's the case? I agree though, on this type of car it would be valuable to posit a case for DV and I see more and more sucessful cases brought up -- without having to go to court. Times are changing on DV and some carriers are beginning to pay out without an enormous fight -- but rest assured, like everything else, it will be less than the DV you want, but just enough to keep an attorney from taking the case.
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Replying to: lilyowen (Aug 08, 2007 5:04 pm) I don't know whether you could win a denial of claim suit. In any case, Shifty is a visiting host in this section and we welcome his input.  tidester, host SUVs and Smart Shopper |
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normally sue the person or the company (dealership) that damaged your car...in fact you would probably sue the person who drove the car (as an employee of the dealer) and also the dealer under the concept of "respondeat superior", meaning that the company is responsible for the actions of their employees... Assuming the usual procedure, you would be awarded your judgment in court, and then you attempt to collect...the person could pay you themselves (highly unlikely), the dealership could write you a check (possible, but unlikely) or the insurance THEN STEPS IN and, because they insure the dealer, writes you a check to cover the judgment (most likely scenario)... You rarely sue the insurance directly, unless you are their policyholder and thay have acted in bad faith... Boring civil procedure, just what you wanted on a Thur morning...
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For those of you who are interested in more info on Diminution of Value, here's an interesting website: http://www.ican2000.com/dvfaqs.html Visiting Host |
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I received a letter from my insurance company. My insurance company still needs for being the SUBROGATION DEMAND FROM ONE OF CLAIMANT ON OTHER CARRIER to other. In response to above letter, I believe that my insurance company does not responsible for being paid to other without their right documents. Is my idear correct? Please give me an answer as soon as you can. Thank you |
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Forgive me, but it appears that you have done what I often do...type your post so fast that words are left out and grammar is poor...hey, I do it all the time...... Please try again, as I ALMOST seem to understand what you are asking... |
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Good Evening I pray that you can help me with my dilemma. I have a 2007 Toyota SE Camry; I took my car in for an oil change at an establishment that I have been dealing with for years. It took about 30 min for the oil change; I got into my car to leave, when I was a mile down the road the oil light came on. I tried to make it to the dealership until it start smoking and cut off. I got the car started and decided to go back to the place that change my oil. I could not make the car just died in the middle of the street. I had to get my car towed to the dealership where I purchased my vehicle. The place that changed the oil gave my information to there insurance; it took them 3 days to call me with any information. To make a long story short we have been going back and forth about how to fix this problem. The car needs a new engine ($14,000), last week the car was totaled and they offered me $21,000, I declined that. On Friday they offered $22,700 and I declined that also. They asked me if my insurance will cover the remaining balance on my pay off. Nation Wide will not cover it not will my GAP cover it due it not being totaled due to theft or car accident. On Monday they called and said they wanted to fix the car. I’m having a problem with why they totaled it last week and now they want to fix it. From my understanding from the dealership for a new engine for my 07 SE Camry they will have to stop production to pull one from the line. With $14,000 plus the amount the dealership charged to take the engine out of the car and my rental $3,000.00, it looks like it would cost more to fix the car. This is a band new car with less then 20,000 miles I really need some advice, I have tried to find a lawyer on base through the legal services and even on my own and No body in the state of North Carolina seems to have a solution to my problem. This was my dream car, the car I went to Iraq to earn money for and now I’m making payments and have not driven it since 20 July 
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