idale

Certain states do have stipulations for intentionally trying to get a tailgater to read-end you, but that's pretty much it as far as excuses go (you were too close, but they slammed on their brakes for no reason). And obviously not an issue here in any case.

snagitseven

"Officer, I braked suddenly because a small dog ran on front of my car. I didn't realize the car behind me was following too close". That would mitigate someone hard braking due to a tailgater (a dumb move in any case).

idale

Not sure that'd actually be a viable defense, but as with anything it depends on the area and the officer. The law as written and the law as enforced are often wildly different things (which goes both ways).

jhumph88

Hi guys, sorry it took so long to respond. Spent the few days after the accident sorting out the insurance stuff, and the accident happened a week before I was leaving for Honduras (and returned on Sunday to find Boston deserted and buried in snow!).

I'm trying to address all the replies in one post without quoting. Shorter ones first!:
-His Q5 did not have snow tires. It was a 2013 Monsoon gray 2.0T, I believe it was a Premium Plus. I have a picture of it somewhere, I'll find it. His front fender and driver's door took the impact.
-Physically, I didn't wind up feeling too bad! My back was stiff for a day or two, but the circumstances of the accident were actually very lucky for impact absorption: a "soft" part of his car hit the opposite corner from where I was sitting, and my car was already (clearly) on a slick surface so when he hit me, I sort of slid and bumped into the snowbank and both those helped quite a bit.

So, unfortunately the car was not totaled. The total repair estimate was just under $10,000. They're estimating March 8th as the earliest date of completion.

Here is where I need the advice of this forum the most, as I can tell you all really know your stuff:
Within a few hours after the accident I'd made up my mind that whether or not the car was fixed, that I wasn't going to keep it. They can "repair it" all they want, but that car will never be the same. An impact like that has effects on components even outside the impact area, not to mention when I was looking through the estimate and seeing how much of the car has to be taken apart just to repair.... It will never be the same.
And we all know that, which is why I will now be stuck with a "good as new" car I loved that isn't even a year old, but is worth thousands less than it was before the moment he hit me.
I know that I need to file a claim for diminished value and have every intention of doing so but I need advice on where to start. Let me warn you from the get-go that I know very little about insurance and this was also my first accident. There will be stupid questions.
From what I gather, I file the claim with the other driver's insurance company. I'll need proof of the value of the car both pre- and post-accident, etc. Other than that, I have absolutely no knowledge of how to do this.
Any and all advice is appreciated. I'm very glad both the other driver and I were ok, but the point of insurance is to make you whole after an accident. To me, taking a massive financial hit on trading in a car that was damaged in an accident that was not my fault does not count as "being made whole" and I have every intention of pursuing this, but I'm unsure how to start.

snagitseven

Here is some info to get you started.

DIMINISHED VALUE FAQS | Insurance Consumer Advocate Network

How to Make a Diminished Value Car Insurance Claim

How insurance companies calculate diminished value claims - The Kielich Law Firm - Bedford, TexasThe Kielich Law Firm ? Bedford, Texas

rbradleysd

I used Welcome - DiminishedValueAssessment.com for my DV Report. You'll need to provide some info on the replacement and it calculates it for you.

I had to file a complaint against the at-fault parties insurance for the DV and they definitely tried to weasel out of it but I was persistent and once we negotiated and agreed on a total they cut me a check and made me sign a liability release. Be prepared for a fight but it's worth it

jhumph88

Thank you! The car isn't supposed to be out of the body shop until March 8th or so, and I assume I will have to wait until it's "repaired" before I can start pursuing this?

rbradleysd

I believe so because you'll need the total claim cost and other data for the formulation of the DV

jhumph88

That's what I figured.. The waiting game is killing me, I just want this to be over and done with.
I've been in touch with my insurance about being put into a better car until I get mine back. They gave me a base-model Nissan Altima, which is fine for getting from A-B (if you're not in a rush, and the weather is perfect)..
It figures that out of the 11 cars I've owned, the one that's best in the snow is also involved in my first accident and out of commission during the snowiest winter we've seen in years!

eromanuk

Hey Everyone,

I thought I'd jump in on this thread given the similarities to my experience. Got rear ended last night by a 2007 compact Chevy truck (Colorado...I think). Given how high the damage goes, I don't think she ever hit the brakes. But, luckily everyone is okay.

My Q5 is only 8 months old with 4,940 miles, so I doubt it will be totaled (KBB is still north of $40k). Based on what you can see from the pictures (assuming I uploaded them correctly), what should I look out for during the repair process?

I'll certainly pursue the Diminished Value recovery as I do plan on keeping the car.