Vehicle Repaired Should It Have Been Totaled

[djs]

My question would be if you still have new car replacement or if that fell off along the way. I don't doubt you had it, I'm just not used to seeing it on a 5 year old car.

The problem becomes if its a total. 1 year newer retail would mean they would have to find a 2008 still new on a lot to get a price. Probably won't happen, which is why I'm confused. Not like they let you pocket the money either, you have to replace the car to get the extra $$$$.

I'm just wondering how they would adjust correctly and fairly for this on a car that is 5 years old. Mostly just curious.

Dan

 

[Guest]

What a cluster ***** this claim turned into

 

[rmurua]

Agreed! I am in a similar situation. My 2012 Hyundai Sonata was put up for repairs with an initial repair quote of 16k (up to 21k was authorized for repairs by AAA). Today I found out they will likely need to replace the engine putting it well above the 21k mark but they still want to fix it since they already have so much money tied up in it.

I guess I'm SOL at this point? Do I just have to accept the vehicle even though it's having such extensive repairs done to it? Obviously had I known the ENGINE was going to need replacing I would have pushed the insurance company to total it to begin with and would have just gone to get a new car.

Any thoughts?

 

[Josh]

Agreed! I am in a similar situation. My 2012 Hyundai Sonata was put up for repairs with an initial repair quote of 16k (up to 21k was authorized for repairs by AAA). Today I found out they will likely need to replace the engine putting it well above the 21k mark but they still want to fix it since they already have so much money tied up in it.

I guess I'm SOL at this point? Do I just have to accept the vehicle even though it's having such extensive repairs done to it? Obviously had I known the ENGINE was going to need replacing I would have pushed the insurance company to total it to begin with and would have just gone to get a new car.

Any thoughts?

A few things:

Once they make the decision to repair it, they're repairing it.

Why are you SOL? They're replacing the engine so you're getting a new (or "gently used") engine. It's extremely unlikely the carrier would have bought you a new car, even on a 2012.

There is a good chance you can get a few bucks for diminished value. When all is said and done you'll have your car back together with the repairs guaranteed for the life of the car, so what part of this has you out of luck?

 

[rmurua]

The reason I feel SOL is because of two things:

(1) The responsibility of the insurance company is to make the insured "whole" again, meaning in the same condition as before the accident. I have discussed this with quite a few people including the adjuster assigned to my case and the mechanic working on the vehicle. Everyone seems to be in agreement that with the extensive amount of disassembly and reassembly (regardless of whether they use OEM parts) the vehicle is not going to perform or feel the same, nor is it the equivalent of a nearly new (8,000 miles in pristine condition) vehicle. It would not be such a big deal with minimal repairs but when the repairs now add up to 25k on a 29k vehicle it is an entirely different story.

(2) More importantly, the likelihood of having future and accelerated complications given the extensive repairs is much, much higher than with a car that was assembled in a factory environment.

Bottom line - it will be very time consuming and inconvenient to deal with everything that comes
along down the road, repairs wise. It is also very likely that the repair shop and Hyundai will argue about every single repair that comes up as to whether it is related to the accident or should be covered by the 10k/100mi warranty and I will be stuck in the middle of it.

Note: Even though the adjuster expressed agreement in regards to my sentiments, he is not actually calling the shots at this point. AAA has assigned a 'vendor specialist' that has actually been out in the field investigating and making the decisions. She has done nothing but argue and try to reassure me that they're using OEM parts, which is not at all what I'm worried about.

What I think is a reasonable request/expectation at this point:

(1) AAA finishes the repairs.
(2) AAA will be reimbursed for all repairs by the at fault party's insurance (State Farm).
(3) AAA cuts me a check for the value of the vehicle (this number is not expected to completely cover the financed amount necessarily).
(4) AAA sells the vehicle to recover what they paid to me.

 

[Josh]

If there is anything quantifiable that is wrong with the vehicle, they'll fix it. Like I said earlier, they may even pay you a diminished value amount.

What you want them to do will probably never happen. What you owe has nothing to do with the claim. If they're using good parts and it's a good shop, your car might be perfectly fine. It's probably time to accept it and move on. There is a great chance your car will be better than it was when you were in the accident. Among other things you're getting a free paint job.

 

[jmr30183]

"The reason I feel SOL is because of two things:

(1).....

Note: Even though the adjuster expressed agreement in regards to my sentiments, he is not actually calling the shots at this point. AAA has assigned a 'vendor specialist' that has actually been out in the field investigating and making the decisions. She has done nothing but argue and try to reassure me that they're using OEM parts, which is not at all what I'm worried about.

What I think is a reasonable request/expectation at this point:

(1) AAA finishes the repairs.
(2) AAA will be reimbursed for all repairs by the at fault party's insurance (State Farm).
(3) AAA cuts me a check for the value of the vehicle (this number is not expected to completely cover the financed amount necessarily).
(4) AAA sells the vehicle to recover what they paid to me."

I can give you some advice on how to pursue a LEGITIMATE Diminished Value claim! You mention that State Farm is the at-fault party's insurer, but AAA is paying for the repairs then being reimbursed? I'm assuming AAA is your insurance company then? Why is State Farm not paying the claim directly?

I know how to do battle with State Farm for DV claims...and it is battle, but I won!

 

[rmurua]

Hi JMR - I couldn't post a PM because the forum requires you to have a minimum of 20 forum posts before you can send a PM so here's my response to you and to follow up on this thread and my issue.

So basically what happened is I was driving down the street on a road with two lanes going in each direction. There was also a center lane where either side could stop to make turns - that's where the other driver was coming from. So I was in the right lane and she was heading the opposite direction of traffic waiting to turn across the two lanes on my side to enter a driveway. I was in the right lane and the left lane was completely backed up pretty far and they let her in between the bumper to bumper cars. She had no visibility but proceeds to cross both lanes right as I was coming so I hit her without time to even apply the brakes (25mph). Police made a report and immediately determined it was 100% her fault because she crossed oncoming traffic without knowing if the lanes were clear (even if the people that let her through waved her through).

Damage included everything in front of the windshield but not the windshield itself. I was told there was no frame damage - mostly body damage and some damage to turbocharger parts and some exterior parts of the engine. The airbag did deploy (driver side only).

I have an airbag burn on my forearm from the chemicals and my entire left side has been causing me a lot of pain since the accident (I'm going through some extensive therapy but I can walk and get around - just in a lot of pain and on a lot of meds to control the pain).

So here's what ended up happening - after the initial 17k of repairs was completed, the shop drove the car to Hyundai to turn the check engine and airbag lights off. When Hyundai inspected the vehicle, they realized one of the turbocharger hoses needed replacing so they had the shop take it back.

The shop fixed the hose and then the car wouldn't start so they towed it BACK to Hyundai where they eventually determined that at some point somebody put the turbo charger pressure sensor on backwards causing the spark plugs to overheat and basically explode. Some ceramic housing from the spark plug flew into the engine and punched a hole in one of the pistons resulting in the long block needing replacing (another $8.5k).

AAA did a thorough investigation before proceeding. They had me come to the shop to meet the mechanic and the AAA adjustor. We drove together over to Hyundai and the shop and Hyundai were basically pointing fingers at each other.

Realizing how much longer the resolution was possibly going to take the AAA rep asked me how I wanted to proceed and I asked for the vehicle to be totaled. She asked me to send her my loan docs (they had already assessed the value of the car at the beginning before repairs started). They basically paid my loan off (29k) and mailed me a check for the difference (2.5k). I couldn't have possibly asked for more. So stoked! The payout amount included sales tax and a refund of some prorated DMV registration fees (I guess the remainder of the year that I paid for when I bought the car). So this story somehow ended up good for me.

Unfortunately I think the shop will be shorted the 16k of the initial repairs from what the AAA rep was telling me. Hyundai and the shop will have to duke it out about the additional 8k if those repairs are eventually done. Even after the AAA rep explained it to me I was still a bit confused. I didn't really understand why AAA was even paying up front but she said they'd get reimbursed for the total loss payout by State Farm but they weren't sure how much State Farm would be willing to pay so AAA may get shorted too. I guess AAA really DOES take care of their clients just like the commercials say. =)

Thanks to everyone for the responses and advice and thanks to jmr30183 for the PM with all of the useful info.

Robert

 

[FullAuto]

AAA will subrogate State Farm for only the loss damage (body shop bill). That's all SF will pay. The body shop will be paid in full for their work. Your car will run through a salvage auction. AAA will subrogate the dealership for their screwup.

 

[jmr30183]

Hey Robert,

I am SO glad to hear that your situation worked out this way! Even if they had managed to repair your car perfectly and it never had another single problem relating to the accident, you would still worry about what might go wrong down the road. And like you, I would also be stressed over fighting for future warranty claims and the dealer blaming problems on the wreck, true or not.

Back in 1997, I fell asleep driving on my way home from my 2nd job. I was 22, working 70+ hours per week and taking a full load of classes, so I was always exhausted. My 1996 Accord was barely eight months old, but it ended up having $14,800 in repairs!!! The original estimate was just under the $10k mark. Then they started the tear-down and realized that the engine had been pushed into firewall and the transmission housing was destroyed, so it had to have a new tranny also.

Even though the repairs were all top notch, the car never 'felt' quite right again. In the 22 months following the accident, the A/C compressor, alternator, power steering pump, brake master cylinder and fuel pump ALL failed and had to replaced at my expense!!! I didn't realize that it was possible to hate a car so much, but for the last year or so that I had it, I would get nauseous every morning as I walked toward it! A lady ran a red light while I was making a left turn and t-boned me on the passenger side almost two years after the first accident. I was banged up a bit, but the only thing on my mind was that I was finally free of that damn car!

Moral of the story- I'm glad that you won't have to live with such an extensively repaired car!

I'm just curious- have you decided on a new car yet?