someone hit my girlfriend's new car

Hey everyone,

Looking for some decent advice from my fellow GTI drivers. Really need good opinions, and not uneducated, immature responses so please leave your "sever the kids head and lynch him" comments out of this.

My girlfriend and I bought a fully loaded Nissan Altima 3.5 SL two weeks or so ago on December 15th. Since then she has put less than a thousand miles on her brand new car. She is a recent graduate with a criminal justice degree and works in an accredited law firm in downtown Charlotte (congrats to her).

New years day she was hit by a 19 year old college student in his 4 runner with his badass super swampers and what not that would not grip in the rain while she was on the way to come visit me at work. Basically he fish tailed and over-corrected and T-boned her car in the outer turning lane and really screwed her car up (I am guessing 5 grand in damages but it is not anywhere near totaled).

We are currently waiting for the Travelers agent to come up with an amount as far as damages but I know the car will not be totaled. Travelers (the kids insurance agency) has admitted complete fault of the accident. He was put down as the driver at fault by the police officer and all, not worried about that.

The car is at a body shop and the agent said in plain words that "Travelers does not typically do diminished value claims" to me in person when we went to take some stuff out of the car like per parking pass for work and what not. I do not believe this as we have looked up a lot of laws regarding this subject in NC.

We are truly not trying to screw over anyone, but the fact is, my girlfriend had a nice car before, then someone rear-ended her on a highway and totaled her old car, insurance screwed her over then and did not cover the full amount of the car, and she was forced to buy a crappier car she hated and drove it for 5 years until now, when all her hard school work (school+40 hours at work+20 hour internship) has paid off, and she can comfortably afford another (badass car to her) that she can get.

We JUST traded in her old POS which had a diminished value due to another accident (not her fault) and it took a solid couple grand off the value of the car due to (not original paintwork and parts on the car). I am worried that this will obviously happen when we go to get rid of this car and want to completely be compensated considering we just spent (if you go by MSRP) 32 thousand dollars on her new vehicle. I do not know if she will want to keep the car for the complete time of the loan amount as it is now tainted, and no longer a new car to her (know what I mean?), she might want something new within the next year after I graduate and get a job.

I feel terrible for her, and focused on the fact that this is a new car, it has less than a thousand miles on it, someone hit her, and she will no longer have that satisfaction of getting in her brand new car and feeling happiness versus anything else regarding the fact that it is now damaged goods. It is no longer new to her, it kind of ruins this whole experience for her..know what I mean?

We have looked up cases in NC and there are not any instances of an insurance company buying a car and giving someone a new one unless it is totaled, but the less than a thousand miles and it not being her fault at all freaking kills man. There are no precedents set as far as an insurance issuing a new car to someone who bought a new car. Should we take this case to court? like a higher up court and try and get something done about this? Or am I crazy and should just go for more money as far as diminished value...

Just really inexperienced in all of this. I would like some realistic advice as to what will happen in the end.

Thanks for reading, If you can provide some educated advice I would love to hear it.

Fink

Let her insurance company deal with theirs and seek diminished value. It's what they're there for and why we pay them - to represent us and protect assets. She should be made whole, nothing more, nothing less. I would pay no attention to what the agent said.

As for "the new car feeling". Well, unfortunately things happen and she'll have to move on - it is what it is now. Can't go back and undo the accident. She should focus on being safe and uninjured.

Just be extra selective on who does the repairs. Technology has come a long way and shops are doing better than ever at getting things back to what they used to be.

Good luck

First, I am sorry to hear about this

Ok.. former claims adjuster here, so here we go...

Do you know for sure that D.V. claims are "legal" / paid out in your state? find that out first.

Because the car was brand new, only brand new OEM parts can/should be used. This will be Traveler's reasoning for trying to avoid any DV claim, UNLESS there is ample evidence/usage of DV in your state - it all depends.

ACV - if the car is totaled, they don't owe you/her a "new ca", they owe her a payment equal to that of what the car was worth at the time of the accident - regardless of what you paid, whether you got ripped off or had the deal of the century, that is irrelevant to the ins co/ courts, etc. So in that case, you can make out or get fucked.

Whatever you do... keep calm and DO NOT go get an attorney over a property damage only claim. These things can take time, unfortunately. Do they have her in a rental car?

looks like you guys have it:

https://www.google.com/search?q=dim...s=org.mozilla:en-US:official&client=firefox-a

Remind me again as to what a "diminished value claim is."

Sent from my SGH-T999 using Tapatalk 2

interesting service here.....

http://diminishedvaluecarolina.com/

This was on the M3 forum:

Under NC law, if the repair exceeds 25% of the car's value you will have to disclose the accident upon sale, at least until the point that the car becomes 5 model years old. Even if that law doesn't apply, anyone that has a PPI done (or has a paint meter) will readily be able to tell that the car has been wrecked.

bialymike said:

Remind me again as to what a "diminished value claim is."

Sent from my SGH-T999 using Tapatalk 2

Click to expand...

because your car was in an accident, and in many states that require it - you have to divulge that information to a buyer/dealer, or it will show up on the carfax, the car is now worth less than it would be sans accident.

Also, given how new the car is, I doubt that there are many aftermarket parts even available for the car, so you have that on your side, at least.

When I had a deer run into the side of my 2 month old '12 Focus, they didn't even have an aftermarket option for replacing the door skin or bumper cover; OEM was all that was available.

I'll second what was said already, though; let her insurance company do the legwork, and have them go after the other driver's insurance company.

I do hope she purchased the GAP insurance when she went through finance, though. That's one fee I never mind paying, even though I've yet to use it.

Zillon said:

Also, given how new the car is, I doubt that there are many aftermarket parts even available for the car, so you have that on your side, at least.

When I had a deer run into the side of my 2 month old '12 Focus, they didn't even have an aftermarket option for replacing the door skin or bumper cover; OEM was all that was available.

I'll second what was said already, though; let her insurance company do the legwork, and have them go after the other driver's insurance company.

I do hope she purchased the GAP insurance when she went through finance, though. That's one fee I never mind paying, even though I've yet to use it.

Click to expand...

It's not aftermarket, its LKQ (like kind and quality)/ used OEM parts that can be used vs OEM new.

Agreed, sometimes going through your own company and paying the deductible can be best/quickest. They will then work to get you your ded back.

GAP... yeah.. its questionable, depends on the loan/vehicle value when you purchase it, etc.

that sucks! I really hate when this happens. I had a similar experience with my previous RSX-S. Someone destroyed my car, not only did the damages well exceed the estimate (quoted 3k ended up being 11k which would have totalted the car) but I constantly found issues with their repair and after a week they denied any issue with anything I had but it was fucked. The value of the car was also hurt and I ended up losing money just by the fact it was in a wreck!

Push to get it replaced completely if its a bad crash, I wouldn't want to take a hit with car value due to retarded drivers.

Pics or it didn't happen. Just sayin'

I actually had a relative go through this in the Gastonia, NC area just about a month ago. Still waiting to hear but, apparently the insurance company will end up paying out for the diminished value of the car.

I would definitely try to talk to someone about evaluating the diminished value of the car. Like you said, not trying to rip anyone off, but its a brand new car and the damage is going to have an effect on value if she were to sell it.

My stepdad talked to a guy named Billy Walkowiak out of Belmont, NC about 30 minutes away from Charlotte. The local paper did a story on him, that's how we found him. I have no idea what he charges, but he did a full inspection on the car post repairs, found there were a lot of shortcuts taken and actually had it sent to another body shop to have it re-done correctly. The insurance paid for the repairs the first and the second time. They are waiting to hear, but apparently are going to receive compensation on the diminished value of the car as well. May be worth giving them a call. I did a quick search and found their website. http://www.collisionsafetyconsultants.com/

Hope this helps.

Sounds like she's either very unlucky or not a very observant driver, lots of accidents.

GunKata said:

First, I am sorry to hear about this

Ok.. former claims adjuster here, so here we go...

Do you know for sure that D.V. claims are "legal" / paid out in your state? find that out first.

Because the car was brand new, only brand new OEM parts can/should be used. This will be Traveler's reasoning for trying to avoid any DV claim, UNLESS there is ample evidence/usage of DV in your state - it all depends.

ACV - if the car is totaled, they don't owe you/her a "new ca", they owe her a payment equal to that of what the car was worth at the time of the accident - regardless of what you paid, whether you got ripped off or had the deal of the century, that is irrelevant to the ins co/ courts, etc. So in that case, you can make out or get fucked.

Whatever you do... keep calm and DO NOT go get an attorney over a property damage only claim. These things can take time, unfortunately. Do they have her in a rental car?

Click to expand...

Thanks for all you posted. We are pretty much right on track with what you are saying. We are going through the other drivers insurance, is that ok? She is in a rental already. The travelers agent said that the body shop only uses brand new OEM parts so I guess that is good.

leiito said:

Pics or it didn't happen. Just sayin'

Click to expand...

Will post some later

holbrook89 said:

I actually had a relative go through this in the Gastonia, NC area just about a month ago. Still waiting to hear but, apparently the insurance company will end up paying out for the diminished value of the car.

I would definitely try to talk to someone about evaluating the diminished value of the car. Like you said, not trying to rip anyone off, but its a brand new car and the damage is going to have an effect on value if she were to sell it.

My stepdad talked to a guy named Billy Walkowiak out of Belmont, NC about 30 minutes away from Charlotte. The local paper did a story on him, that's how we found him. I have no idea what he charges, but he did a full inspection on the car post repairs, found there were a lot of shortcuts taken and actually had it sent to another body shop to have it re-done correctly. The insurance paid for the repairs the first and the second time. They are waiting to hear, but apparently are going to receive compensation on the diminished value of the car as well. May be worth giving them a call. I did a quick search and found their website. http://www.collisionsafetyconsultants.com/

Hope this helps.

Click to expand...

Thanks I will contact them in the next day or so

troyguitar said:

Sounds like she's either very unlucky or not a very observant driver, lots of accidents.

Click to expand...

Very unlucky, her previous altima was rear ended in the right lane on the highway by someone trying to go around someone in the left lane

Second car that we just traded in was hit by a deer on the right side. It literally came out of the woods and t-boned her with its face

Car we just bought, both vehicles were behind others in two left turning lanes coming off the highway in the rain at night. Both made it around said left turn where kid on the inside lost control swerving left into oncoming traffic and over-correcting coming across his initial lane and into the front driver area. She had applied her brakes to avoid but could not swerve out of the way on a bridge.

as long as the other carrier is taking care of things to your liking, and not assessing any liability on your gf, getting her a rental car, etc, etc, then yeah - def go through them.