Sadly the other day my 02 Targa was nailed by a drunk driver doing a u turn on a red light. She never straightened out her wheel and ended up nailing my rear quarter panel and rear bumper. Than tried to escape and hit another car.On top of that we were able to get it all on film as she almost ran someone over to leave,we were able to follow her to her house where the police ended up towing her vehicle. Long story short is that my cars damaged both outside and in with engine damage. Luckily my insurance company was able to contact her and she gave an honest story that matched up with mine, the other victims and witnesses.

My question is that I know my cars value is now worth less thanks to this event. Being in CA, would it be a smart move for me to get her insurance ( GEICO ) to pay for the devaluation ??

 

Anytime you can get somebody else's insurance to do ANYTHING, do it. That's a no brainer. Really sorry to hear about your car, glad you're ok. Won't her insurance pay for everything? Maybe your carrier is subrogating?

 

Yeah Im happy it wasnt worse, obviously I'll be getting my car back and even better both my passenger and I werent hurt at all, just very PO'd when we got out of the car. My insurance company is going after her Insurance company once this is all said and done from what I've been told but as far as the devaluation I was told to take it up with her insurance.

 

There are a lot of different laws about dimunition of value, and I don't know if California recognizes it or not. Definitely worth looking into, though. Hope it works out as best as it can for you.

Check this out, it may help:http://www.auto-insurance-claim-advice.com/dimunition-of-value.html

 

Ouch, glad you are ok. Not sure if a normal policy will cover depreciation unless it is specifically written in the policy. On the other hand, it is the other party's carrier so anything is possible. More than likely they will deny the claim and you may have to find a lawyer.

 

Yes, after all repairs are complete ask for a diminished value assessment. An adjuster will come and take a look at the repairs then assess the value and send you a check.

 

This is my gameplan and to also take it to a few dealers to see what would have been given to me before and after the incident.

 

A friend of mine went through this last year. He was told to check dealerships for retail value of your car, KBB, and to check FOR SALE ads with cars of similiar condition for like value. Good luck and glad you were able to walk away from the collision.

 

Just a little update on this. I havnt gone about with the devaluation case yet, wont be able to till april when I get the car back. We found suspension damage on the side that was hit and have decided to go ahead and upgrade to H&R coilovers since the cost will be close to the same and will also be installing some orange 996 gt3 wheels.

 

Some states do not recognize first party diminished value claims (meaning claims against ones own insurance company) but do recognize third party claims whereby a vehicle owner may seek recovery against an at-fault driver for their negligence in causing the loss of value.

And in some states the Courts have determined that the correct measure of damages is the cost of repair plus any reduction in the value of the vehicle. The Court did put the burden of proving the reduction in value on the Plaintiff who is bringing the claim.
You may fall into the latter of the two, so you need to check.

Also keep in mind, in virtually every state diminished value is only recoverable from the at-fault driver’s insurance company, not the vehicle owner’s own insurance company. Having said that, it is possible to recover diminished value from the vehicle owner’s uninsured motorist’s policy if it could be properly recovered from the at fault party had they had insurance.

Good Luck

 

Sorry about to hear about the accident, but glad no one sustained any injuries. If your still looking for coilovers we have the H&R ones available. For more information Click Here. Take a few pictures after it's all fixed up. Good luck with the diminished value claim.

 

I told my shop I would be keeping you guys in mind. If you guys have any deals or anything like that on the Coilovers, please PM me!

 

I sure will. I know we have a deal on the KW's right now, but not H&R. If I hear anything in the next week or two I will be sure to let you know.

 

So as another update just got off the phone with the body shop, they are going to be taking off the targa top due to the frame up top being damaged. This just keeps getting better and better.

 

If you have targa top damage you could be looking at a total loss.