R50/53 rear ended by a cop
2nd Gear
Joined: Feb 2005
Posts: 54
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From: Nothern, VA
diminished value
I agree with some of the folks above. Get the mini repaired. The repairs from the real pros are really quite good. While this is going on, talk to your insurance company about "dimished value" (the loss between its pre-wreck value and its post-wreck value). You'd be surprised how much you might get. The person/organization paying the diminished value would be the other insurance company.
Then, drive your mini and take the diminished value cash and buy some swell mods.
Then, drive your mini and take the diminished value cash and buy some swell mods.
1st Gear
Joined: Jan 2006
Posts: 11
Likes: 0
I'm not sure if this is the case in all states, but in most states the county/cops insurance only pays the deductible and any out of pocket expenses. Your own insurance pays the repairs or total loss value of your car. Government vehicles have immunity for paying for damages. It does not count against you on your insurance but your insurance will likely pay for the damages.
Originally Posted by mini pony
I'm not sure if this is the case in all states, but in most states the county/cops insurance only pays the deductible and any out of pocket expenses. Your own insurance pays the repairs or total loss value of your car. Government vehicles have immunity for paying for damages. It does not count against you on your insurance but your insurance will likely pay for the damages.
4th Gear
Joined: Sep 2004
Posts: 578
Likes: 2
From: North Carolina
Years ago I had a first generation Miata. I put 160K miles on that car, but started getting nervous about being stuck on the side of the road (though it never happened). Got a wild hair and traded for a second generation Miata.
I still miss Betty, and know how you feel about your '03. I feel they really screwed up the Miatas (blame Ford, especially). Don't think the MINIs have gotten worse over the years.
If I were you, I would look around for another '03. There HAS to be a cherry out there waiting for you to adopt it. And I think she will find a good home with you...
I still miss Betty, and know how you feel about your '03. I feel they really screwed up the Miatas (blame Ford, especially). Don't think the MINIs have gotten worse over the years.
If I were you, I would look around for another '03. There HAS to be a cherry out there waiting for you to adopt it. And I think she will find a good home with you...
6th Gear
Joined: Mar 2005
Posts: 1,695
Likes: 1
well if they total it maybe you can buy this!!!!
https://www.northamericanmotoring.co...ad.php?t=61607
https://www.northamericanmotoring.co...ad.php?t=61607
5th Gear
Joined: Oct 2004
Posts: 931
Likes: 14
From: NW Georgia, USA
Originally Posted by MSFITOY
My condolances
I hope you get another Mini
BTW, did the ociffer write himself a ticket
I hope you get another Mini BTW, did the ociffer write himself a ticket
Seriously, you need to get checked out medically and get a lawyer. Gather up all reciepts for any mods you have and keep them handy. Hope and pray to get the car totalled. If in the end, you're forced to accept repairs, inspect the car with a magnifying glass and a flashlight. Don't accept ANY imperfections in the work AT ALL!
Johnny Law is personally liable (in some states) when he acts in a reckless manner and causes damage(s). You NEED a lawyer about as bad as anyone ever has. Soverign Immunity does have limits, thankfully. It's not like he was in hot pursuit of a violent felon with his blue lights and siren on. He was driving in a reckless manner in a car you and the other residents of that county graciously bought for him. Just wearing a badge isn't a free pass to ignore every law on the books.
Best of luck and keep us up to date on the drama as it unfolds.
Rawhyde
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1st Gear
Joined: Jan 2004
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UBERMINI update - Feb 21
Originally Posted by tme
On the way home after work on Friday night I was rear ended by a Durham NC, County Sheriff (it was his fault). I’m OK, but my “UBERMINI”, a March 2003 S, is in the junkyard. I loved that little mini and don’t really want a new one, so I have some questions that you folks out there might be able to help me with:
1) Cash out vs. Repair – what’s your experience?
On my car the boot hatch, rear bumper, trunk floor, battery, battery box, exhaust, and both rear quarter panels, are involved. However, the door to quarter panel appearance gaps are still straight on both sides. I can’t remember if the boot hinge to roof interface is still straight. I think the rear wheels are still straight, but might not be. For those of you that are unfortunate enough to have had a similar experience, did you get cashed out or repaired?
2) Assuming a repair….Dealer (Flow Mini in Winston Salem) vs. private shop.
Does anybody have experience with Flow Mini’s body shop, good or bad… ??
Is there anything inherent in the mini that would make a dealer intrinsically better than a good quality private shop?
3)Any experience with aftermarket parts replacement at the body shop???
The UBERMINI had millitek cat back exhaust, boot stripes, aftermarket tail light lenses (all three), window tinting, underbody neon, and side stripes that need to be put back to the “before the incident” condition. What’s been your experience in getting the shop to put these back on, and the responsible party to pay for it?
4) Lastly, if I get cashed out what to do…..???
Like I said I really loved that 03. My dad has a 05 S that is just different enough to be annoying, the tranny seems different, the suspension seems different (softer), mini screwed around with the interior gauges, clock, storage, etc. I just don’t like the newer mini. I feel that I’d always be “missing my old love while going out with her younger sister” if I got a new mini… Does anybody have recent experience with the Honda S2000 or Nissan 350Z? What’s you opinion of those compared to the mini?
Thanks for the help.
1) Cash out vs. Repair – what’s your experience?
On my car the boot hatch, rear bumper, trunk floor, battery, battery box, exhaust, and both rear quarter panels, are involved. However, the door to quarter panel appearance gaps are still straight on both sides. I can’t remember if the boot hinge to roof interface is still straight. I think the rear wheels are still straight, but might not be. For those of you that are unfortunate enough to have had a similar experience, did you get cashed out or repaired?
2) Assuming a repair….Dealer (Flow Mini in Winston Salem) vs. private shop.
Does anybody have experience with Flow Mini’s body shop, good or bad… ??
Is there anything inherent in the mini that would make a dealer intrinsically better than a good quality private shop?
3)Any experience with aftermarket parts replacement at the body shop???
The UBERMINI had millitek cat back exhaust, boot stripes, aftermarket tail light lenses (all three), window tinting, underbody neon, and side stripes that need to be put back to the “before the incident” condition. What’s been your experience in getting the shop to put these back on, and the responsible party to pay for it?
4) Lastly, if I get cashed out what to do…..???
Like I said I really loved that 03. My dad has a 05 S that is just different enough to be annoying, the tranny seems different, the suspension seems different (softer), mini screwed around with the interior gauges, clock, storage, etc. I just don’t like the newer mini. I feel that I’d always be “missing my old love while going out with her younger sister” if I got a new mini… Does anybody have recent experience with the Honda S2000 or Nissan 350Z? What’s you opinion of those compared to the mini?
Thanks for the help.
Well I spent all day yesterday trying to get through to Durham County on phone. No Luck. I suspect they were off for Presidents day. But I googled the phone number and found out that it is for the Manager of the Purchasing Dept. I also found out that the county is "self insured". I would have been more concerned if the phone number had been for the County Attorney. I also called Flow Mini in Winston-Salem, they do have a body shop, and they are willing to put back after market parts if I tell them where to get them. I also talked to my insurance company. They said they could get involved, but then I'd have to pay my deductible, they would handle the claim and go after the county for their reimbursement. If they get reimbursed 100% then they will pay back my deductible. I've decided to give the county a chance and see what they want to do.... if they ever answer the dang phone......So given these tidbits, I'm feeling better about getting my car fixed. I'll keep updating this like a mini-blog (no pun intended). Thanks for everybodys input.
6th Gear
Joined: Dec 2005
Posts: 3,194
Likes: 0
From: Key West, Florida
Ouch!...sorry to hear about the accident. If the damage is limited to the body, I would get it repaired. If the damage effected the hatch back or frame, I would cash it out and get another.
On a twisted note: there is another thread that ponders the question of whether or not MINIs attract cops...I guess it would be fair to say you have ended that debate.
Mick
On a twisted note: there is another thread that ponders the question of whether or not MINIs attract cops...I guess it would be fair to say you have ended that debate.
Mick
I would start with going with my own insurance. That way the car get be evaluated and they can see if the car is fixable or not. Let the insurance company fight with the county police. Why bother? You pay for insurance for a reason. Why not use it?
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1st Gear
Joined: Jan 2004
Posts: 26
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Originally Posted by tme
UPDATE Feb 21:
Well I spent all day yesterday trying to get through to Durham County on phone. No Luck. I suspect they were off for Presidents day. But I googled the phone number and found out that it is for the Manager of the Purchasing Dept. I also found out that the county is "self insured". I would have been more concerned if the phone number had been for the County Attorney. I also called Flow Mini in Winston-Salem, they do have a body shop, and they are willing to put back after market parts if I tell them where to get them. I also talked to my insurance company. They said they could get involved, but then I'd have to pay my deductible, they would handle the claim and go after the county for their reimbursement. If they get reimbursed 100% then they will pay back my deductible. I've decided to give the county a chance and see what they want to do.... if they ever answer the dang phone......So given these tidbits, I'm feeling better about getting my car fixed. I'll keep updating this like a mini-blog (no pun intended). Thanks for everybodys input.
Well I spent all day yesterday trying to get through to Durham County on phone. No Luck. I suspect they were off for Presidents day. But I googled the phone number and found out that it is for the Manager of the Purchasing Dept. I also found out that the county is "self insured". I would have been more concerned if the phone number had been for the County Attorney. I also called Flow Mini in Winston-Salem, they do have a body shop, and they are willing to put back after market parts if I tell them where to get them. I also talked to my insurance company. They said they could get involved, but then I'd have to pay my deductible, they would handle the claim and go after the county for their reimbursement. If they get reimbursed 100% then they will pay back my deductible. I've decided to give the county a chance and see what they want to do.... if they ever answer the dang phone......So given these tidbits, I'm feeling better about getting my car fixed. I'll keep updating this like a mini-blog (no pun intended). Thanks for everybodys input.
Even though the cop gave me the wrong phone number (by mistake, I think, not through malice) I got through to Durham County "Risk Management". I now have a rental car, at their expense. While I was talking to them, they explained that their normal process was to get three appraisals, but since the car wasn't drivable they would get just one appraisal and "AFTER I SIGNED A RELEASE" they would cut me a check
.... not bloody likely!!!
They sent an "independent" appraiser to look at the car. I met him, pointed out the aftermarket parts, and gave him a list of the sources and the prices. I'm expecting to hear back from them any day now.
Unless the County really surprises me and cashes out my car for Kelly blue book, excellent condition, retail asking price (not bloody likely, either) I'm going to pay my deductible, get my insurance to fix my car, and let them deal with the county.
In the meantime I called my insurance agent and found out that (in NC at least) they will replace aftermarket parts with "like kind and quality". After some discussion we pretty much agreed that since the exact same parts are currently available via the internet, the shop would use them as replacements.
Also in the meantime I was driving my dad's 05 cooper S.... I now agree with the posts above that the 05 gearbox is better than the 03 gearbox. But it still don't like the new multifunction steering wheel, nor the clock relocated into the odometer, nor the mushy suspension. After everybody's posts I suspect that I won't have to worry about getting cashed out, so I won't have to deal with these issues.
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1st Gear
Joined: Jan 2004
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UPDATE MARCH 14:
The County came back with an estimate of $6700. The estimate had numerous errors like omitting the 03 backup light (right above the exhaust) and adding park distance sensors (which were not available in 03), and complaining the car was locked (when all they had to do was ask the tow shop for the key). This set off red flashing alarms in my head!
In my opinion, the County had no intention of doing anything but gypping me out of a satisfactory repair.
So, I filed a claim with my insurance company and had the car taken to one of their preferred shops (they guarantee the work, and pay all costs, except deductible, no quibble). I have used the shop before and they do excellent work, they are just a bit slow because they have a lot of work. I sent them a detailed list of my aftermarket parts, with URL’s, phone numbers and part numbers. The shop came back with a 135 line detailed estimate that comes to a total of $11334.87. They included all my aftermarket parts and also had items like replacing the driver seat frame, but having my original leather put on it so the colors still match! I can tell that they are committed to getting my car back to its original pre-crash condition.
My estimated finish date is April 10…. I’m looking forward to getting my car back.
I also took back the County’s “rent-a- econobox” right after I contacted my insurance company. I don’t trust the County and figured they would try and bill me once I decided not to settle with them. I hope my insurance company takes a legal means necessary to recover their expenses from the County.
The County came back with an estimate of $6700. The estimate had numerous errors like omitting the 03 backup light (right above the exhaust) and adding park distance sensors (which were not available in 03), and complaining the car was locked (when all they had to do was ask the tow shop for the key). This set off red flashing alarms in my head!
In my opinion, the County had no intention of doing anything but gypping me out of a satisfactory repair.
So, I filed a claim with my insurance company and had the car taken to one of their preferred shops (they guarantee the work, and pay all costs, except deductible, no quibble). I have used the shop before and they do excellent work, they are just a bit slow because they have a lot of work. I sent them a detailed list of my aftermarket parts, with URL’s, phone numbers and part numbers. The shop came back with a 135 line detailed estimate that comes to a total of $11334.87. They included all my aftermarket parts and also had items like replacing the driver seat frame, but having my original leather put on it so the colors still match! I can tell that they are committed to getting my car back to its original pre-crash condition.
My estimated finish date is April 10…. I’m looking forward to getting my car back.
I also took back the County’s “rent-a- econobox” right after I contacted my insurance company. I don’t trust the County and figured they would try and bill me once I decided not to settle with them. I hope my insurance company takes a legal means necessary to recover their expenses from the County.
5th Gear
Joined: Aug 2005
Posts: 774
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From: Philly burbs
sounds like you found a good shop! good luck having everything repaired and I'm sure you'll miss the MINI during the process. I suspect that the insurance company will subrogate against the county and (hopefully) you will even get your deductible back. Did you mention anything about loss of value? it may be worth your while to check into even if it doesn't go anywhere.
2nd Gear
Joined: Mar 2006
Posts: 53
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From: Mount Prospect, IL
Originally Posted by 3cocinas
As was stated above, modern repair techniques are quite advanced, so please disregard those who would tell you that "it will never be the same again". I have personally been involved in the repair of thousands of collision damaged vehicles, and the most important thing for you to know is that no legit shop is going to let a car out of their door unless it is absolutely right. Too much liability if they do otherwise.
, even though that was the wheel that took the brunt of the impact. After that, I got rid of the car and took the loss. Having gone through that, I am firmly in the camp of "it will never be the same".Fortunately, I was able to get diminished value to cover the loss I took when selling (the car was only 8 months old at the time of the accident). Unfortunately, you most likely will NOT be able to get dimished value. Why? When you get the repair done through your insurance, it is handled (exclusion wise) as if you were at fault. Almost all insurance companies exclude diminished value, so by going through your company you won't be able to get it. We were able to get it because the other driver was 100% at fault, and so we went 100% through his insurance -- basically, going through his insurance it's a tort claim not a straight liability claim, and in a tort claim they can't exclude diminished value. From what the county wanted to pay, you are probably better off going through your company, but it will probably prevent collecting dv.
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