My X5 was hit updated... - Page 2

ard · #11 10-17-2010, 12:32 PM

Quote:

Originally Posted by BGM

-also, look into filing a Diminished Value claim--I got $6K for mine.

Off topic a bit, but this is what insurers object to- BGM got $6k for diminished value after his first accident- purportedly to compensate him for the loss in value he would suffer when he sold the car...BUT he didn't, it was totaled. And he got full value for the totaled car, not 6k less due to the prior DV claim.

Food for thought....

A

PS The only way to get DV is if someone else (ie not YOUR insurer) is paying damages....

Sponsored Links

Stevev · #12 10-17-2010, 12:48 PM

In my case, I cannot claim the DV through my insurance company. Since the driver did not have auto insurance or property. Does not mean that I am screw...

BGM · #13 10-17-2010, 01:39 PM

Quote:

Originally Posted by ard

Off topic a bit, but this is what insurers object to- BGM got $6k for diminished value after his first accident- purportedly to compensate him for the loss in value he would suffer when he sold the car...BUT he didn't, it was totaled. And he got full value for the totaled car, not 6k less due to the prior DV claim.

Food for thought....

A

PS The only way to get DV is if someone else (ie not YOUR insurer) is paying damages....

This is correct though my insurance Allstate went after the lady legally (personally) that hit me since she did not have sufficient insurance on my damages--I think she had minimums which here in TX is $10K and I had $20K+ in damage. So, Allstate went after her for the difference--I'm sure they tried and eventually just wrote it off as a loss on their side since a legal battle is time consuming, costs $ and $10K to Allstate is a drop in the bucket.

ard · #14 10-17-2010, 04:12 PM

Quote:

Originally Posted by Stevev

. Since the driver did not have auto insurance or property. .

Does the driver have a pot to piss in?? That could be YOUR pot.

"Not having insurance" does not mean "he doesn't have to pay". You can sue him for DV and get a judgment, and maybe collect, maybe not.

Yes, most deadbeats without insurance have nothing, yes it might not be worth the effort. Just saying.

m5james · #15 10-17-2010, 04:13 PM

I agree...teach him the American way!

Pisendar · #16 10-17-2010, 04:51 PM

Quote:

Originally Posted by BGM

To give you some perspective on level on damages---my '01 3.0 was hit twice during the 9 years I had it.

First 2 pics Jan '06: $21K in damage--3 months in the shop (part of that was slow insurance on other driver's side). A lady pulled out in front of me without looking and I drove through her engine compartment at 40 MPH.

Next 2 pics Sep '10: as you can see it was totaled. I was t-boned and it rolled left bounced on it's side and went all the way to right side where it ended up.

Stevev---bottom line---I walked away both times with no injuries. I believe your car was parked or something if I remember correctly. I'm guessing yours will be fixed--also, look into filing a Diminished Value claim--I got $6K for mine.

Luckly you are ok. X5 proves his safety

Stevev · #17 10-17-2010, 06:48 PM

Quote:

Originally Posted by ard

Does the driver have a pot to piss in?? That could be YOUR pot.

"Not having insurance" does not mean "he doesn't have to pay". You can sue him for DV and get a judgment, and maybe collect, maybe not.

Yes, most deadbeats without insurance have nothing, yes it might not be worth the effort. Just saying.

Thanks Ard,

I will take your advice to go after that asshole.

BGM · #18 10-17-2010, 09:47 PM

Quote:

Originally Posted by Stevev

Thanks Ard,

I will take your advice to go after that asshole.

Like I said they still are at fault for your financial loss---that's why Allstate subrogated (put it on my insurance to start the claim) and went after them. I would have your insurance go after them personally (by subgroting that gets your insurance involved since it's now fixed on their dime)--that way you aren't on the hook for legal expenses.