There exists a thread from 15 days ago that I got in an accident with my MINI.

The damage is:
radiator mount bent, header bent, engine block broken (right where the mount goes), tranny mount broken, hood smashed, xenons smashed, etc etc.

The est for repairs is around 14k - but the adjuster claims it is 8.5k only because the engine block can be welded, the supercharger doesnt need to be replaced because only the intercooler is bent, etc.

This car will never be the same and I want to get it totaled. What recourse do I have and/or what can I say to help?

I very much need assistance in this matter!

 

The damage is 14k which includes welding a broken piece of the engine block back on. If the engine had to be replaced it would be about 19.5k or so.

My concern is I checked with MINI and this process being performed (welding) will void my 4 year/50000 mile warranty (my car only has 13000 miles) as the engine will not longer be of the exact specification it was from Oxford.

Can my insurance company intentionally, with knowing, have my car fixed in a way that will void my warranty?

What recourse do I have? I have advised them to NOT START the repairs until I look into this.

 

I think the rule of thumb typically is, if the damages exceed 50%+ of the current market value of the car, the insurance company will total it.


It seems to me that your car sustained severe damage and perhaps the frame is bent, which is the equivalent of a human being with a broken neck...serious stuff.

Was the accident your fault? If it wasn't you can recover damages related to "Diminished value" because the car has suffered instant depreciation due to the damage.

My suggestion is for you to politely but firmly pursue the insurance company adjuster to total the vehicle. You are correct, the car will never be the same after it is repaired and Lord only knows what kind of mechanical and safety problems you are bound to experience, not to mention decreased market value and difficulty to sell it or trade it.

Who's your insurance company?

 

Talk to a lawyer experienced in this type of insurance auto claims. It depends on the insurance company, but remember that their business is to save as much money as possible on every claim. However, in this instance it makes little sense to engage in a $15K+ repair when damages clearly point in the direction of totalling the vehicle.

Press to have the car totalled. You don't want this "white elephant" back. The car will never be the same and you are going to end up hosed with a "band aid" car.

Total this thing and order a new MINI.

 

Well, the damage is 14k and wont be totaled. BUT it is only 14k because he is having the engine block WELDED. Which is actually OK in the industry!

HOWEVER, my main concern is that MINI has told me this will void my warranty if it is welded and thus it needs to be replaced - if the engine is replaced it will be 19k of damage and will have to be totaled - that's why the adjuster does not want to replace the engine.

So I guess the question is... is it OK for an insurance company to have a car reparied in a way that deliberately voids your car's warranty?

Cooper4us - thanks for your good replies. I've already checked out several MINIs at teh local dealer and might actually go from S to non-S! Imagine that!

 

Press to have it totalled, anything else is ludicrus.

 

No, as far as I recall (worked in a body shop for a few years) they cannot do that. You've insured your car to be restored to a certain condition in the event of an accident. If the repair voids the warranty, than that condition was not met. In which case the insurance company should be responsible for repalcing that waranty. I.E. anything that goes wrong with that engine block after the weld, they will be paying for. Tell the adjuster you want that in writing and that you will have your lawyer look it over before you will authorize any repairs.

What does the shop say about all this. You need to remind them that they are working for you and should represent your interest in this. Or take it to another shop. It is common in the collision repair industry for the shop to be on the Insurance Co. "approved list". Sounds good on paper, but at that point the shop is more concerned about their relationship with the insurance company (that is where they are getting their business from) than with your satisfaction. Keep in mind that you do have the right to have your car towed to diffirent shop of your choice if you are not happy with the current service. The Insurance company will pay for it.

Buttom line. Stick to your guns. Be tough. Threaten lawyer fees.

 

One more thing. Plain and simple. The repair they are suggesting will deminish the value of the car.

 

Well, an insurance preferred vendor has a deal with teh insurance company that they warranty any work done at that shop.

But that is NOT the same as a new-car warranty. If a year from now I had a problem with my car and I took it to MINI they would say "this is not for us to look at, your engine warranty is void"

I'm furious.

 

i cant believe these bastards are ok WELDING a block.

 

Call your state insurance commissioner and then tell your insurance company you have done so.
I had a dispute with my insurance company where they wanted to repair with used parts. I called my state insurance commisioner's office (Minnesota) and they were very helpful on what to say and expect from my insurance company. I then called my insurance company and told them I wanted new parts and they responded "they would absolutely not agree to new parts" at which time I said "the insurance commissioner said you should" there was a long pause and then the guy said "just a minute" after a short time on hold the guy comes back on and says "no problem". They must not want to deal with the insurance commissioner's office at all and I didn't have to pay attorney fees, it was even a toll free number.:smile:

 

That is helpful advice, thank you.

 

My brother in law used to be an insurance adjuster, but transitioned into a different business, where he helped people like you. He's retired now and doesn't do this anymore. But, he would act as an intermediary between the person and the insurance company, for a fee (part of the extra $ he would get the person). Yes, it's true that the insurance company just wants to save a buck and settle claims for less than they should and will lowball you. If you are not able to come to terms with the insurance company, you should see someone like him or if there is not anyone available (my bro was unique and the only one I know of who has ever done that), then you should see a lawyer. You need to play hardball with them or they will screw you because they certainly are playing hardball with you.