Need help -- Someon Cremed my Tundra.

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PostPosted: Sun Nov 14, 2010 6:10 pm   Post subject: Need help -- Someon Cremed my Tundra.  

1) I had my new vehicle hit most front end in is damaged lights, both fenders, hood, inner fender has small buckle, the fenders are damaged, and shifted to drivers side. thus suggesting bumper towers bent. if frame is ok, is it still considered structural damage when inner fender is buckled and radiator frame is bent also. and need replacing. they mentioned possibly working inner fender after pulling. but this is a 2010.



2) If the vehicle has no structural damage but a repair record, will it be entitled to the diminished value claim?



3) If the insurance refused to pay the diminished value claim, what options does the insured have?



4) Since it was a third party hit me, can i refuse to have once new truck repaired and demand a salvage title since i have gap insurance and my truck will never be the same or worth as much. i bought and paying for a new car, therefore i get a inferior vehicle.



help would be apperected.

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PostPosted: Mon Nov 15, 2010 2:55 am   Post subject:   

Quote:
can i refuse to have once new truck repaired and demand a salvage title since i have gap insurance and my truck will never be the same or worth as much




You can refuse a settlement all you want. Unfortunately, this is insurance and not Burger King. You cannot have it your way.



Quote:
if frame is ok, is it still considered structural damage when inner fender is buckled and radiator frame is bent also. and need replacing. they mentioned possibly working inner fender after pulling




Your claim will be determined based on the cost to repair or replace. If it exceeds 75%-80% of "actual cash value" (replacement cost minus depreciation), then you are facing a total loss. If not, the damage will be repaired or the vehicle replaced with like kind or quality.



You can always press a claim for diminished value. It will be up to the insurance company to agree or not. Your option? A lawyer would probably be willing to tell you for 30%-40% of your damages.


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PostPosted: Mon Nov 15, 2010 3:07 am   Post subject: burger king  

yes but when the person who hit me has the same insurance company, i can have my way when i move my multiple other policies with them somewhere else.

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PostPosted: Mon Nov 15, 2010 6:41 am   Post subject:   

Slavery was abolished in the US in the mid-19th Century. You've always had the freedom to change insurance companies. Your insurance company will be happy to see you leave, having collected all those premiums over time.



But you don't write the contracts and you don't make the rules when it comes to having your claims paid. As I said, this is not Burger King.



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PostPosted: Tue Nov 16, 2010 4:28 pm   Post subject:   

Quote:
1) I had my new vehicle hit most front end in is damaged lights, both fenders, hood, inner fender has small buckle, the fenders are damaged, and shifted to drivers side. thus suggesting bumper towers bent. if frame is ok, is it still considered structural damage when inner fender is buckled and radiator frame is bent also. and need replacing. they mentioned possibly working inner fender after pulling. but this is a 2010.



2) If the vehicle has no structural damage but a repair record, will it be entitled to the diminished value claim?



3) If the insurance refused to pay the diminished value claim, what options does the insured have?




1. Many of the parts of the inner aprons and radiator reinforcements are considered structural as the cab and aprons typically are assembled in a unitized method. Your vehicle is not on the list of boron or ultra high strength steel which more oem manufacturers are migrating to. The Tundra appears to be constructed of mild steel.

The vehicle may be required to be anchored at the frame or torque boxes to require realignment of the inner apron and supports. This would certainly be considered a structural or frame repair. Many shops are instructed to place these repairs in the body repair section where companies like CarFax would not list frame damage or personal injury attorneys would not take note of the severity of repairs



2. As a dminished repair expert and collsion repair expert, I would note any structural repairs in my reports as adding to factors that would decrease the post loss value. The perception is that we are determining a figure of the diminishment when in fact, we are calculating the post loss value of the vehicle and how the accident damage, quality of repair, use of new or aftermarket parts, omission of necessary repairs due to interference by a third party payer can affect the overall loss in value. The fact that the vehicle is nearly new and has not depreciated due to normal wear will increase the amount of diminishment which the courts recognize as the immediate loss in value.



3. Just because you happen to have the same insurer as the negligent party that is responsible for all your losses should not affect whether you are entitled to collect for the loss in value. Your insurer is paying for your damages under the limits of liability of the other party and the exlusion of diminishment of value should not be even considered relevent with regard to your own policy.


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