SolarExpress

Wifes new Apsen was broadsided on 11/12. Made the 2nd payment on 11/7. Since it has been in the shop another payment has been made. Looks like yet another will be made before we get it back. She was hit dead in the center of the driver side rear wheel. Pushed the axle over hard enough the pop one of the track bars off and bend the trailing arms on the driver side. When the trailing arms stopped bending the frame picked of the slack from there. Truck went in the shop on 11/21. It's still there. Shop is having a bear of time straightening the frame. Basically like trying to straighten 1/4 of a coke can without distorting the rest of the can. Rear hatch area and rear driver side door are out of alignment. They're replacing the busted suspension components and most likely the driver side axle, but not the entire rearend in spite of my insistance on the latter. If I try and trade this I will take a monster hit (regular depreciation) plus the "repaired damage" or diminished value. This is obviously a third party claim (we're making the claim on the others insurance) and that seems to make a difference. Anyone ever claimed diminished value and won? Loss of use? They tried to give us $25 a day for a rental but my wife just decided to avoid the hassle and drive her old Intrepid. The $25 basically got a Taurus. No better than the Intrepid and not exactly the Aspen she was driving.

On a side note, we financed the entire loan with the 0% for 72 months. I now know it was too good to be true. First time we ever did not put anything down on a vehicle. Also the first time to be upside down on a car.

Dean Snow

IMO...I'd sell it to a private party and get as much as you can for it. That is if you get it back and its not up to your specifications. What I would do, is trying to sell it to someone, and only tell them of the accident if they ask. If they don't ask you have no obligation to tell them. I know its not honest, but money is money, and everyone gets screwed in life here or there, so nows your chance to get the world back. I'm 19 and have been screwed on 3 vehicle's I bought. So then i bought my cummins off my dad cause he was the original owner. If they ask why your selling it just tell them gas in the 5.7 is hard on the pocket or something. Just don't sell it to family or a friend. haha

And i had a rental vehicle one time after i got rear ended. The other insurance company HAS TO pay for a vehicle that is very close to the same as your vehicle that was hit. say if you wreck and suv you have to get another suv or something very comparable. Legal by law. I fought it and one after a total of 3 weeks with this dinky jap car. Finlay i had a truck like mine

SolarExpress

While I sincerly value yours and everyone elses opinion that may reply, I dont think I can do that..........However, I have a really cherry Aspen for sale if your interested......

I feel sleasy enough wondering if a diminished value claim is justifiable or not.

Bark

Dont feel sleasy about it. Even if the vehicle gets fixed "good as new" it will never be the same again. Its not like you would be making a fraudulent claim, you are just trying to get what is right. I have never made an insurance claim in 37 years of driving but if I were in your shoes I wouldnt feel bad about it.

Dean Snow

i agree with BARK

12valve@heart

Didn't I just read a post where you loaned your truck to someone and they took advantage of you?!?!? If you honestly believe what you posted above, you don't have much room to gripe when someone takes advantage of you and abuses your truck. They're just doing (in a different form) what you recommended. Just my

Dean Snow

What i posted above was in a joking manner, thats why i wrote haha after i was finished with it lol. Id never do that to someone, i was just kidding around saying it.

12valve@heart

In that case, my apologies Dean. I found it hard to believe that you could be serious in what you posted but failed to catch the intended sarcasm.

Dean Snow

its fine, i realized i didn't make my self clear enough about the intended sarcasm until after you said something, thanks, i dont want to look like a to people on here

BgBlkTrk

Back in 2005 my wife was T-boned in her 1996 Honda Civic-other party was found to be 100% at fault, and both her and the wife had State Farm as the insurance carrier. Now as far as what Dean said above about rentals-he is right, they have to put you in the same likeness/type of vehicle, and I would not come close to accepting $25/day from them for that expense. She got a Mitsubishi Lancer for a rental (about the same size/value when new.) The total repair time on her vehicle took almost 3 months, during which we had the rental at their expense, plus I also claimed diminished value against them. When I asked the insurance agent about it over the phone she actually went silent for about a minute, then acknowledged that I had a claim for it, if I could show proof of diminished value on a 9 year old car. She stated that I had to either get a certified appraisal or go to a Honda Dealer and see what he would give me on trade before/after he knew of the accident history. Trying to get the dealer to write anything down about the values was the hardest part, but after I reminded him I serviced and bought my vehicle from him, he relented. We ended up getting $2000 from that alone-and I don't feel at all bad about it-I figure we pay a monthly premium and have never had an at fault claim, so we are recouping a small portion of what we have paid over the years. Total payout with 3 months of rental, dimished value, and the total repairs coming almost to 80% of the value of the vehicle (they almost totaled it) could have bought her a new Civic, which I reminded the insurance agent about, which she didn't find at all funny. But like you said above its a 3rd party claim, so you do not have any limitations to your claim that you might have if it was under your own policy. Hope this helps!

RickG

You asked about diminished value . Check with your state attorney general's office or insurance commissioner . In GA paying diminished value is required by law . Here is the formula they use . http://www.consumercollisionservices...v_formulae.cfm

tmleadr03

I dont know about diminished value, but I agree with it never being the same after an accident. I know my Jetta isnt. I got rear ended and now I get rattles in the front of the car, in the doors and its just nuts but its not covered by the accident. I am sorry for your loss, good to hear your wife is ok though.

Shrimpy

If they total it, work the best deal you can for the cars value, then tell them to be sure to include the applicable sales tax ON TOP OF THE AGREED AMOUNT. In Texas it is 6.25%. Say they total it at 10,000.00 (just as an example), they would also owe you an additional $625.00.

Jim

Ron R

ever hear of carfax. you car will not be worth poop now that its been crashed.