Hi all-

I'm looking for a bit of advice. On Monday, while I was stopped at a red light, my 99 996 Cab was smashed in the rear end by an un-insured 18 year old in a lifted truck. Unfortunately, the damage does not appear to be enough to total the car. So what I'm stuck with, besides a sore back, is a diminished value on my car. I live in California and my policy is with Progressive. They are telling me my policy explicitly excludes paying any diminished value. Since they are having to pay for the repairs they are really teating this as if it was my fault. Again, I was stopped at a red light, the light turned green, the kid behind me took off. I hadn't moved yet.

So, I'm wondering if anyone has any advicve on how I can recover my loss. The car will certainly be worth less, even if the repairs are flawless. I'm guessing I may need a lawyer on this one.

Oh, one more thing. I don't have a rental car on my policy. Even though the accident was not my fault, since this little punk chose to drive without insurance, I have to cover that on my own. Thus far I have just driven one of my other cars. However, taking clients to lunch in my ride is a portion of its function. Any ideas seeking reimbursment on that one?

Thanks

 

well at least your okay. that's the most important thing. you loose in a situation like this. any other way to suppliment your loses would be illegit. i would ask Mozhacker. that guy is a genius.... hope it is not at a body shop yet.

 

Truly unfortunate. I am going through a similar process now. I also was rear-ended at a light. I have my appointment with the insurance appraiser Monday. I will definitely discuss diminished value with the insurance company. (Incidentally, the person who hit me has the same insurance company as I do-Farmers)

Many years ago I was hit by an uninsured individual and recovered all my expenses through small claims court. That may be your only option if you have no ability to make a diminished value claim against Progressive.

 

Sorry to hear of your accident, but glad you are okay.

I'm surprised your uninsured motorist policy does not account for some reimbursment for rental car (Why doesn't everyone have rental car coverage? I don't get it.)...I'd check the fine print.

With regard to DV..I am going through that myself. Do a search on the archives, I found some good info or find my thread about a week and a half ago...there is info there too. I am having no problems with State Farm in getting DV. Since this is a hit and run sort of incident, I would hammer your Insurance company and threaten to obtain an attorney. I would also ask them to provide you a copy of the part of your policy which states they do not pay DV. This might be the case, but you are NOT at fault here. And sometimes there are exceptions. (A lot of insurance companies will not pay DV if it is your fault.) They might be trying to pull the wool over your eyes and hope you go away by telling you that. Don't take it lying down, f them.

Here are some links for you.

http://www.ican2000.com/index.shtml

http://www.claimcoach.com/

Good luck...!

 

Look more closely into the uninsured motorist laws in California. If he was at fault and he had coverage then his company would give you rental reibursement. Since you have uninsured motorist coverage, they're suppose to duplicate his would-be company's services, to include rental coverage. Every state has different laws about this... but it's worth looking into.

Also, what are you getting from this kid? You taking him to court? He deserves what he gets.