Not exactly. The carrier owes to repair the car at the prevailing market rates for labor in the area. While an owner can always choose a more expensive shop, the difference in cost between the prevailing rate and the shop rate is the owner's problem and would not affect the total loss analysis, which only needs to reflect what the car can be fixed for in that market.

There really is no way to "go for" the write off. The numbers are what they are, provided the estimate is thorough and accurate. Literally every owner of a car in a loss that renders the car non-driveable wants it to be totalled. Were drivers responsible to carry liability coverage that would replace every car they hit regardless of the cost of repair, most drivers could not afford insurance.

Unrealized DOV is not a recognized element in most states. The prevailing theory is that a properly repaired vehicle is by definition restored to its pre-loss condition and no further indemnification is required. However, if the DOV was realized, ie the owner at some point sells or trades the car at an amount significantly below market value and he can attribute the difference entirely to the fact that at one point the car had been in an accident, that may be actionable.

Florida does not recognize DOV claims. Not sure about the OP's home state.

How does one follow too closely while completely stopped?

Fixable? Yes.

Worth it? No.

Would it ever be the same? Most likely not. That's a lot of frame damage.

I'm really surprised your insurance said anything but "here's a check"

shh don't feed the troll

Impossible to know if it's worth repairing until you know the cost of repairs and the value of the car. There is no frame damage. The car has no frame. Your insurance company is going to do exactly the same thing if your car is involved in a collision.

I said go for write off because from what I was reading, it was my understanding that the repair cost was so much that it could go either way. As far as what you said about the DOV claims not being recognized in certain states, that wasn't something I was aware of so thank you for the input. My sister has gotten a check for diminished value just a couple of years ago and geico started the diminished value claim process for my FR-S back in February but no repair was reported by the dealer because of such minor damage so obviously nothing was payed out other than the repairs. As far as I know Florida does recognize diminished value claims, you just aren't allowed to make the claim against your own insurance company.

I may have missed it but so far I haven't seen a number on the estimate, so it's hard to tell how close it is to totalling. It's usually clear in one way or the other so the owner wouldn't be able to choose per se. In some instances the numbers are close enough (a "borderline total") that it doesn't matter either way to the carrier and in those cases they'll give the option to the owner. Based only on just eyeballing the pics I don't believe it's totalled or nearly totalled.

It looks like hell and I'm sure it's heartbreaking for the owner, but sadly we all run that risk when we pull out of the driveway every morning.

Florida (and most states) don't require first party damage claims to compensate for DOV. First party means you going under your own collision coverage. Theoretically in a third party claim (you against another driver's policy), DOV may exist and a carrier may proactively offer some token amount to address it in hopes of maintaining rapport (usually because there's an outstanding injury claim) but in terms of collecting true DOV it's an uphill battle.

That's because courts generally cannot compensate people for theoretical damages, only actual damages. You may feel (and be correct) that your car is now worth less because it was damaged and repaired. What's the dollar amount of the damage, and how can you prove it?

The burden of proof is on the plaintiff in a tort case, so until you've sold the car, and taken less money than it was worth, and until you can prove that the prior accident was the reason you took less than it was worth, you have no actual damages. Courts can't compensate people for loving their car less after an accident.

Attorneys won't take a DOV case on a contingency fee basis (when they only get paid from money they recover for you) because the dollar amounts are too small and their cut is unlikely to be worth their while.

Fixable

I just wanted to chime in on diminished value. Here in NC it is a well written and very clear law, but the insurance companies aren't going to tell you about it unless you ask.

My FR-S got side swiped by a big rig. Repair bill was just short of $8000. No personal injury involved. The other insurance company paid for a professional unbiased third party diminished value appraisal. This appraisal outlined the value of similar undamaged un repaired vehicles in my area. Compensated for my below normal mileage (1700 miles at the time of the accident) then analyzed the repair bill and the fact that the vehicle could no longer qualify as CPO. All in all they came up with a 20 page report that said there was $3850 in diminishes value and the insurance company immediately cut me a check. No lawyers no arguing.

Nice. I'm not familiar with NC law and I've been out of adjusting for a few years, but a carrier voluntarily paying another 50% of the repair cost in DOV is a very nice settlement.

Presuming the OP's car is repaired, I guess at minimum he should inquire about DOV and see if it's that easy in WI.

UPDATE:

Thank you all for your feedback!

Car is a total loss, since the airbag deployed then all the airbags + seatbelts + sensors need to be replaced. Cost of repairs came out to $15,000

Insurance wants to offer me $20,759 for the car....do you guys think that is a fair price? Car is a 2013 for 14,800 miles on it.

Sounds a little low to me but not too far off. If it were mine I'd probably try to get them to round up to $21,000

Bummer... No gap insurance I assume

Unless he got a really horrible interest rate or crazy long loan term there probably isn't much if any gap.

I paid for the car in cash, it is paid in full.

I think right now the important question is: Will you buy another FR-S? RS1.0 maybe? That seriously crossed my mind when mine was hit.

It sounds very fair, but if you're not sure, ask for a copy of the valuation report and verify they have the right info. You can also ask for loss of use from the date of the accident through the date of the settlement offer (if they don't already have you in a rental).

Just out of principle I would reject the first offer. They might raise it a little.

i bet they will salvage it.

Totalled cars are always sold as salvage (unless they're a "basket case"...total burns etc.) The carrier will either send them individually to a salvage auction, or they'll have a flat percentage agreement with a national salvage broker (10% of ACV is common)

The insurance company's salvage recovery money is part of the total loss analysis that works in favor of totalling the car.

duh hence me saying i bet they will. :bonk:

don't settle -- try and get a tad more... unless it's barebones stock, no added options ... how much did you pay for it?

You're pretty lucky. Several companies would have repaired it at 75% of ACV..
So,
1.) they got a good salvage bid
2.) Regulation dictates % total loss threshold
3.) Their company guidelines dictate process flow


If there are special attributes to your vehicle that would bring the ACV up, and the dollars added made it repairable, I would force the vehicle to be repaired. It's their right to do so. If the offer is reasonable I would take it. Most 3rd party venders such as CCC and Audatex provide pretty fair values that are statistically accurate based on demographics.

JMO... :)

Looks like it's time for an frs missle car


Sent from my iPhone using Tapatalk

Regarding ACV, it's not really about negotiation as it is about documentation. We used Certified Collateral (CCC) as a source for ACV. I was open to a higher valuation if the owner could document it. I'd usually suggest they look on Auto Trader for similarly equipped cars in similar condition in the same market and if we were off I could add the documentation to the file and justify paying over CCC.

You can also agree to be bound by an independent appraisal by a 3rd party but that cuts both ways in that if the independent valuation is less than the original offer, you're stuck with it.

Sad to say that I have decided to not go with another FR-S so I am parting out with many things. PM me if interested and I will get back to you as soon as possible.

Prices DO NOT include shipping

1. Center Armrest - $175 - http://imgur.com/FA3pqH6
2. Frame-less rear view mirror - $115 - http://imgur.com/kPosQjs
3. Rear LED turn signals - $30 - http://imgur.com/KwD3Kdh
4. LED DRL Bulbs - $45 - http://imgur.com/4RcIvtI
5. LED Strip DRL (fog light bezel) - $115 - http://imgur.com/C3qfkCC
6. HID Lights 6k - $115
7. Switchback LED turn signals - $25 http://imgur.com/Kjnkbw3
8. Raven Black Sharkfin - $45 - http://imgur.com/OvVsVat