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Thread: Just got rear ended, need experienced advice. Reply to Thread
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  Topic Review (Newest First)
12-21-2019 05:41 PM
Jhenderson Sorry to hear your ins co isnít holding up their end of the bargain. I hope your attorney has guaranteed heíll recoup his fees from them, not you.
12-21-2019 05:12 PM
OreyGunRam Well its official, had to hire an attorney. Guess being kind and considerate for others is not the way to do things now days. For those out there against diminished value claims, they are well worth filing for as long as you have your ducks in a row.


Edit: In case anyone is wondering why, my own insurance company is being the biggest problem (USAA).
11-13-2019 09:26 AM
RammerJam
Quote:
Originally Posted by cjgoode View Post
Can be both. My body shop guaranteed work for life, and they are extremely highly respected and my local choice. If I used the at fault insurers body shop the insurance company would guarantee that work for life which had its pros as that would cover it any where in the country. My local shop I would have to tow it back to them. The at fault insurance companies shop also very highly rated, but over an hour away so I chose local.
I didn't mean the AF Insurance Company's shop, I meant your Insurance Company's shop. (If you have Collision Coverage)
11-12-2019 04:44 PM
OreyGunRam
Quote:
Originally Posted by RammerJam View Post
I'm going to recommend you stop posting about this topic online; in facebook, twitter or anywhere else the other guy's insurance company can get access to.

Ask your Attorney. He'll tell you the same thing.
Valid point thank you.
11-12-2019 10:22 AM
cjgoode
Quote:
Originally Posted by RammerJam View Post
It isn't the Body Shop giving you the lifetime warranty, it's the Insurance Company.
Can be both. My body shop guaranteed work for life, and they are extremely highly respected and my local choice. If I used the at fault insurers body shop the insurance company would guarantee that work for life which had its pros as that would cover it any where in the country. My local shop I would have to tow it back to them. The at fault insurance companies shop also very highly rated, but over an hour away so I chose local.
11-12-2019 10:10 AM
RammerJam
Quote:
Originally Posted by JRL#S View Post
One more thing...litigating an insurance company that's being reasonable can backfire all over. Even if it's the other guys insurance company. Most major insurance companies are not going to screw you too bad. The problems arise with the shop that does the work. Once you accept the truck, if no shortcomings are noted, you're done. Shops warranty their work, but the insurance company is out of the picture unless something unique presents. YMMV.

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Which is why I ALWAYS use my own Insurance Company's recommend 'Pro' Shop.

It isn't the Body Shop giving you the lifetime warranty, it's the Insurance Company.

And let me tell you......... They don't play.

They're often very fair but they they're businessmen and women. They don't play games.

I can't tell you how many times we sent problems to other shops and back-charged the original company.
11-12-2019 10:07 AM
RammerJam I'm going to recommend you stop posting about this topic online; in facebook, twitter or anywhere else the other guy's insurance company can get access to.

Ask your Attorney. He'll tell you the same thing.
11-11-2019 11:52 PM
JRL#S One more thing...litigating an insurance company that's being reasonable can backfire all over. Even if it's the other guys insurance company. Most major insurance companies are not going to screw you too bad. The problems arise with the shop that does the work. Once you accept the truck, if no shortcomings are noted, you're done. Shops warranty their work, but the insurance company is out of the picture unless something unique presents. YMMV.

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11-11-2019 11:41 PM
JRL#S If you look around, you might locate a brand new take-off bed/tailgate removed for utility body install. They are stacked up here. Often bring about $2 k each. They take care of them and most are perfect. Generally white, so might require paint. I'd rather this fix (assuming your frame is square) than replacing a large bed panel. I rather doubt that a body shop would be interested in supplying a complete takeoff, but they'll sell you a Chinee panel that never fits quite right. Your adjuster might like the idea. Your adjuster will pay you for the repair once complete. Swapping a bed onto a clean frame is too easy. If a bed can be located, drive sans bed, and set it on your frame. Throw in 4 bolts, connect the fuel filler, plug in lights and drive. 3 good men can carry a bed.
If your truck is financed, you typically won't be able to settle until the truck is completed. Generally. I'd want the truck estimated so you'll have an idea about the frame. And keep in mind that some shop estimates are low-balled to get the job. Then they do a 'sub' once they repair it. This is only an issue if you get between the shop and adjuster. If you are in with your body shop, cool..they'll work with you.

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11-11-2019 06:58 PM
Xokia
Quote:
Originally Posted by OreyGunRam View Post
Now for those that want to know about a Diminished Value claim (DV); State Farm's will do anything and I mean anything to avoid this subject. I have asked over 5 times directly about this claim and the format, a template or which data would be necessary for the claim process. Nothing informative was given and the adjuster kept repeating it was up to me and they would not be willing to accept a Diminished Value claim. Well, a simple search on google will prove otherwise and plenty of videos and helpful tips prove they do. Image search will yield plenty of letters from State Farm's to claimants on this matter. I was in luck because the auto body shop I'm using has a person working there that has filed one with State Farm's insurance and is in the process. I got a name of the appraiser he is using and that changed this entire claim.
That is why most folks get an attorney. Your adjuster is going back and speaking to attorney's before they talk to you. Their job is to settle for as little as possible. They aren't going to just GIVE you what you want. You have to pry it out of their hands. Do not answer questions about if you plan to file an injury claim. You can use that as leverage. Honestly I'd just hire an attorney.
11-11-2019 06:16 PM
OreyGunRam
Quote:
Originally Posted by cjgoode View Post
I will bet anything with $6K in damages you will be lucky to get $2K in diminished value more likely $1k. There is a formula they use and most you will get is a fraction of the repair value and since this would not be considered major damage that fraction becomes even smaller. Good luck I would love to know what you end up getting. As for do they have to accept a claim or not.

Googled it Ga is a state that allows diminished value so State Farm has NO CHOICE, but what that value is, is very subjective. In Fl with Progressive it was a separate department that dealt with it. But in Fl the law is that the claim is a separate claim up to 4 years after the accident and only after the repairs are done and the vehicles returned to the exact same condition as before the accident. In Ga it appears its part of the initial claim and if the repairs are not perfect it can increase the diminished value. One BIG NOTE I saw in the law, you can only file a diminished value claim on vehicles with a clean title, your title will not be clean anymore. So next accident you will not be able to file a claim, so get as much as you can now. They legally have to pay you for diminished value, saying NO is not a legal option for them.

Good luck.
Well I'm hoping for as much as I can get so we'll see what happens, most internet searches say they use 17c as the formula or 10-20% of actual cash value for a DV claim but time will tell. I will keep everyone updated on the amount I get from the claim.

Yes, GA has DV as a law and some here in the PNW have established case law that supports it as well. Every insurance company has a choice to pay or not, we as plaintiff's have the choice to sue or not. I am planning to see this all the way. Yes, DV claims are for clear titled vehicles for the most part, some cases have been brought up that are slightly different but who knows what will happen here. I agree saying no is not a legal option for them, but, we all know how insurance claims work; deny, deflect and finally arbitration or settlement. I would hope going to court would be the last option but its like pulling teeth just to get what I deserve, hence the attorney. Thanks
11-11-2019 05:04 PM
cjgoode I will bet anything with $6K in damages you will be lucky to get $2K in diminished value more likely $1k. There is a formula they use and most you will get is a fraction of the repair value and since this would not be considered major damage that fraction becomes even smaller. Good luck I would love to know what you end up getting. As for do they have to accept a claim or not.

Googled it Ga is a state that allows diminished value so State Farm has NO CHOICE, but what that value is, is very subjective. In Fl with Progressive it was a separate department that dealt with it. But in Fl the law is that the claim is a separate claim up to 4 years after the accident and only after the repairs are done and the vehicles returned to the exact same condition as before the accident. In Ga it appears its part of the initial claim and if the repairs are not perfect it can increase the diminished value. One BIG NOTE I saw in the law, you can only file a diminished value claim on vehicles with a clean title, your title will not be clean anymore. So next accident you will not be able to file a claim, so get as much as you can now. They legally have to pay you for diminished value, saying NO is not a legal option for them.

Good luck.
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