Reply With QuoteHmmm... if you are lucky, you can get a diminished value check out of them too, and then use it to buy FM MSM goodies.Originally Posted by BigDmiata
Initial estimate is $6,800. Waiting for them to tear it down and find out how much more its gonna cost. Thankfully the insurance company for the guy that hit me isn't fighting this. Hopefully in another 3 weeks or so I'll get my car back.
2013 Mazda2 slushbox daily
1993 Miata (future exocet donor)
Hmmm... if you are lucky, you can get a diminished value check out of them too, and then use it to buy FM MSM goodies.
I'm surprised they aren't going to total it out with that high a repair cost.
+1
Hope it all works out the for you Dallas.
Smile
93' LE #1136 - FM II
250k miles
Gotta get to around 10.5k for them to total it. Wish I knew what was needed to get a diminished value check LOL.
2013 Mazda2 slushbox daily
1993 Miata (future exocet donor)
part out =D???
Wow - that's amazing nobody was seriously hurt! It cost over $7k to get my 10ae fixed when I got rearended last September and they didn't total it. My neck is totally screwed up from that accident.
Sucks your neck is screwed up man. Sorry to hear.
Texas is not a diminished value state.....gotta move to Georgia............or get a lawyer.
So ... do you recommend getting a lawyer to get the diminished value claim? After the lawyer's fee, is it still worth it?
Gabriel
A DV claim is usually the difference between the value of a car that hasn't been in an accident vs one that has - the loss of market value.
Found this to read up on http://www.irmi.com/expert/articles/2004/cooper09.aspx - there's a section for texas on the page. The best guidance I could give would be to check your policy carefully to see if DV is specifically addressed or excluded, and then see if you can figure out what the $$ amount would be and whether it's worth pursuing.
Chris
A DV claim against your own insurance when it was your fault or no fault is not going to happen in Texas (as the Texas Supreme court ruling linked to above decides). With that said, some people have had success going after the other guy (and his insurance) when they hit you, as that is not tied to policy language. I am no lawyer, but there is a passage in the courts finding that sounds like it actually opens the door for this:
As I read this, the court is stating that 1) they agree that it would help make someone whole, but 2) their hands are tied due to the standard contract language found in Texas insurance policies. When going after someone who hit you, it seems to be reasonable to expect to be made whole, the courts have agreed that DV payment better makes one whole, and there is no contract between you and the person who hit you to exclude DV. It sounds to me like with an expert evaluation of the car's before and after value in hand, you could take the individual to small claims court. IIRC, the insurance company would then be required to defend the person in small claims court. From my experience, Insurance companies would much rather send you a $1500 check then deal with court, so simply filing your court paperwork might be all it would take. YMMV.The court further acknowledged that Schaeffer's repaired vehicle may sell for less money than would a similar vehicle that was never damaged, and that awarding Schaeffer diminished value in addition to the repair would go further to make him whole, but "the court may neither rewrite the parties' contract nor add to its language."
Let me know how it works out............
I'm waiting to see if it gets totaled before I proceed with trying to file for DV. Alot of the MSM guys are thinking the car is a total, but I really won't know until they get the car in the shop and start pulling it apart (initial appraisal of $6800 was done in the parking lot). I'm still very mixed on whether I want it totaled or fixed.
2013 Mazda2 slushbox daily
1993 Miata (future exocet donor)
Based on my experience as an adjuster I would say its a total. Looks like that Hondas right cylinder head did some damage.....If you are picky you probably would not be happy with having it repaired. It they do total it you might considered buying back the salvage as it is usually to your benefit $$$$.
FWIW, I filed a DV claim against the insurance of the guy who rear ended my CR-V back in ’07. It took some legwork on my part to get the payout, but I ended up with a check for ~$2500 for my trouble.
In my case, I scoured ebay, craigslist, autotrader, etc. for asking and sales prices of CR-Vs that matched my car exactly (same color, trim level, equipment, similar mileage, etc.), then I took my own car – post repair – to Carmax and had them appraise it for sale. I let Carmax know the car had been rear-ended (I brought the paperwork form the body shop and gave it to Carmax’s adjusters), then I submitted a claim for DV against the other party’s insurance for the difference between the average price for an undamaged identical CR-V and what mine had appraised for.
They came back and told me they wouldn’t pay DV claim. I told them I’d file suit in small claims court. They offered me 1/3rd of my asking price, I countered with 3/4s, and we finally settled somewhere in the middle.
Keep in mind this took some legwork, persistence, and patience on my part. I think I finally got the DV check a couple of months after I got the car back (which was nearly two months after it had been hit).
Iain
"We don't stop playing because we grow old, we grow old because we stop playing." - George Bernard Shaw
Good job Iain, that is the kind of leg work required to get an insurance co. off its collective butt. All the companies I work for are very well versed in "no".
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