dealership crashed my car
03-03-2009, 08:59 PM
#21
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some of you suggested working thru my insurance
but I called them and they said they didnt need to get involved because I wasn't involved in the accident. The dealership is probably working thru their insurance and is probably making a claim against the other party if indeed the other guys was at fault.
03-03-2009, 09:32 PM
#23
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Not me...
I never had a car totaled thankfully...
Getting a car totaled will happen from your insurance inspector when the cost of repairs reach a certain percentage of the car value. This percentage can depend on the state and also the insurance company.
Diminished valve is very important when you have a newer more valuable car, even after all repairs have been done to the car correctly the "value" of the car will be less than before. This difference is what one wants to get paid as part of the claim.
Getting a car totaled will happen from your insurance inspector when the cost of repairs reach a certain percentage of the car value. This percentage can depend on the state and also the insurance company.
Diminished valve is very important when you have a newer more valuable car, even after all repairs have been done to the car correctly the "value" of the car will be less than before. This difference is what one wants to get paid as part of the claim.
03-04-2009, 07:57 AM
#27
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I agree - I've seen horror stories where dealerships were no where as accomidating on
these kind of accidents. It sounds like they are doing the right thing.
It's a bummer but these kind of things can happen -
It's a bummer but these kind of things can happen -
03-04-2009, 08:22 AM
#28
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Suggestions....
You are better to assume that the process of getting your car repaired to your satisfaction may, at times, not go smoothly for you. Plan for the worst, and be happy if the process goes smoothly. With that being said, to CYA....
<b>(1) VERY IMPORTANT! I would make sure an Accident Report has been filed with the police. Get a copy of it.</b>
If an Accident Report was not filed, file one yourself as soon as you can. General rule if you are in an accident: if its not your fault, its to your advantage to have an Accident Report on file; if its your fault, its to your advantage to not have an Accident Report on file.
Accident Report is usually the first thing any insurance company asks for. Without a report, insurance companies have a claim that has no legal supporting document validating the claim is legitimate. Without the report, insurance companies will do everything they can to not pay for damages. In my state, if you're involved in an accident and no Accident Report is filed within the window of days, you run the risk of being SOL on trying to collect compensation from the other party, or their insurance company. I know, BTDT.
Don't take the dealerships word that the other driver was at fault. If you were lucky to have an officer come to the scene, he would have filed the report. The officer would have attempted to determine and cite who he felt was at fault and indicate that on the report. If he cited the dealership, you have them bent over and grabbing their ankles in a sense, and you are in a very strong negotiating position with them.
<b>(2) Get a copy of the body shops repair estimate. It should show detailed parts and labor costs</b>
<b>(3) Get a copy of the dealerships repair estimate for any work that the body shop will not be doing. It should show detailed parts and labor costs.</b>
<b>(4) Have the dealership acknowlege their liability in writing.</b>
If the dealer is being chummy chummy with you because they know they screwed up, ask the General Manager to write you a letter stating that your car was damaged while in their care for service, and that they are accepting the liability to get the car fixed -- just those two things, expected amount of liability doesn't need to stated, it will be documented in your copies of the separate repair estimates. If he does this willingly its a sign that they value you as a customer and want to make it right. If he does this unwillingly, its a sign that you probably will be spending a lot of your time and effort in insuring that you will be taken care of appropriately.
<b>Your insurance company....</b>
I don't understand their response to you. If you comprehensive coverage with them, then they COULD be in a situation where they WOULD have to pay to get your car fixed. If you have comprehensive coverage, you have the option to make a claim with them to get your car fixed ASAP and they get compensated back from the other insurance company. At a minimum, they should call the dealerships General Manager to verify and document that the dealership is accepting what insurance companies call culpability (eg: fault). It's a CYA thing for them.
<b>BTDT feedback.....</b>
You never can know how smooth or difficult something like this will play out for you. It may appear that you are dealing with the dealer, but you are really dealing with their insurance company.
In any accident, it can happen that the cost of repair may exceed the amount of insurance coverage. The only way to get compensated for the cost that exceeds the amount of insurance coverage is to get a the insured party to cover it directly. This probably means you'll go to court. For a judge, having the police accident report and a letter from the dealer will be a slam-dunk ruling in your favor.
<b>(1) VERY IMPORTANT! I would make sure an Accident Report has been filed with the police. Get a copy of it.</b>
If an Accident Report was not filed, file one yourself as soon as you can. General rule if you are in an accident: if its not your fault, its to your advantage to have an Accident Report on file; if its your fault, its to your advantage to not have an Accident Report on file.
Accident Report is usually the first thing any insurance company asks for. Without a report, insurance companies have a claim that has no legal supporting document validating the claim is legitimate. Without the report, insurance companies will do everything they can to not pay for damages. In my state, if you're involved in an accident and no Accident Report is filed within the window of days, you run the risk of being SOL on trying to collect compensation from the other party, or their insurance company. I know, BTDT.
Don't take the dealerships word that the other driver was at fault. If you were lucky to have an officer come to the scene, he would have filed the report. The officer would have attempted to determine and cite who he felt was at fault and indicate that on the report. If he cited the dealership, you have them bent over and grabbing their ankles in a sense, and you are in a very strong negotiating position with them.
<b>(2) Get a copy of the body shops repair estimate. It should show detailed parts and labor costs</b>
<b>(3) Get a copy of the dealerships repair estimate for any work that the body shop will not be doing. It should show detailed parts and labor costs.</b>
<b>(4) Have the dealership acknowlege their liability in writing.</b>
If the dealer is being chummy chummy with you because they know they screwed up, ask the General Manager to write you a letter stating that your car was damaged while in their care for service, and that they are accepting the liability to get the car fixed -- just those two things, expected amount of liability doesn't need to stated, it will be documented in your copies of the separate repair estimates. If he does this willingly its a sign that they value you as a customer and want to make it right. If he does this unwillingly, its a sign that you probably will be spending a lot of your time and effort in insuring that you will be taken care of appropriately.
<b>Your insurance company....</b>
I don't understand their response to you. If you comprehensive coverage with them, then they COULD be in a situation where they WOULD have to pay to get your car fixed. If you have comprehensive coverage, you have the option to make a claim with them to get your car fixed ASAP and they get compensated back from the other insurance company. At a minimum, they should call the dealerships General Manager to verify and document that the dealership is accepting what insurance companies call culpability (eg: fault). It's a CYA thing for them.
<b>BTDT feedback.....</b>
You never can know how smooth or difficult something like this will play out for you. It may appear that you are dealing with the dealer, but you are really dealing with their insurance company.
In any accident, it can happen that the cost of repair may exceed the amount of insurance coverage. The only way to get compensated for the cost that exceeds the amount of insurance coverage is to get a the insured party to cover it directly. This probably means you'll go to court. For a judge, having the police accident report and a letter from the dealer will be a slam-dunk ruling in your favor.
03-04-2009, 08:30 AM
#29
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If the damage is as extensive as it sounds
I would ask them about trading for a no-cost-to-you comparable accident free vehicle.
You'll get same/similar car, and they can decide what they want to do with the car they wrecked.
Should be no difference to them if they are in fact the "World's Largest AUDI Dealer".
You'll get same/similar car, and they can decide what they want to do with the car they wrecked.
Should be no difference to them if they are in fact the "World's Largest AUDI Dealer".
03-04-2009, 09:40 AM
#30
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Re: Suggestions....
Thanks for the tips on the "CYA". When it first happened, I wasn't really sure what I needed to do/say. But I think I'm finally getting oriented.
Regarding the police report, a town police was called to the scene and they do have a report. I havent seen it, but I did plan on getting a copy, as well as the bill and the work order for all the upcoming work.
As far as getting them to admit their liability in writing, it's probably a good idea, but I feel ok not asking for that because they owned upto it and I havent gotten any signs from them to indicate they are trying to avoid this somehow.
Regarding my insurance company (Liberty Mutual), I called them again today, and they told me I have the option to make a claim. But they neither insisted or resisted getting involved. They said it was up to me. Now, I havent asked this explicitly to the dealership, but I assume, they also have insurance. So at this point, I'm thinking, since I'm going to let them fix it, I will let the dealership make the claim with its insurance company and not get my insurance involved. Is this correct thinking?
Regarding what you said under BDBT (what is that anyway?) if the cost of repair does exceed the converage amount from the dealership's insurance company, wouldn't they try to make a claim against the other party (assuming they were at fault as the dealership is telling me, which will come out on the police report.) But if not, then I guess this would a reason to have their admision of liability in writing.
Regarding the police report, a town police was called to the scene and they do have a report. I havent seen it, but I did plan on getting a copy, as well as the bill and the work order for all the upcoming work.
As far as getting them to admit their liability in writing, it's probably a good idea, but I feel ok not asking for that because they owned upto it and I havent gotten any signs from them to indicate they are trying to avoid this somehow.
Regarding my insurance company (Liberty Mutual), I called them again today, and they told me I have the option to make a claim. But they neither insisted or resisted getting involved. They said it was up to me. Now, I havent asked this explicitly to the dealership, but I assume, they also have insurance. So at this point, I'm thinking, since I'm going to let them fix it, I will let the dealership make the claim with its insurance company and not get my insurance involved. Is this correct thinking?
Regarding what you said under BDBT (what is that anyway?) if the cost of repair does exceed the converage amount from the dealership's insurance company, wouldn't they try to make a claim against the other party (assuming they were at fault as the dealership is telling me, which will come out on the police report.) But if not, then I guess this would a reason to have their admision of liability in writing.