What stupid insurance company would spend 15,000 to fix a wrecked Mini? They should have totaled it.

 

Yes, I am a little upset that they did not total it, especially since it has been + 3 months and I still do not have it back. They keep finding little things that they have to order parts for and they say the parts are taking awhile to come in. But, $15,000 is not quite 80% of the value, which I'm told it must be to be considered totaled.

 

I really feel sorry for you. That car will never be he same. When you get the car back you better go over it with a fine toothed comb. If you don't like what you see don't take it back. Best of luck. Let us know how it turns out.

 

I wish I had known this back in 1996, when an idiot ran a red light and destroyed the front end of my then less than 1 year old Acura Integra LS sedan.

My insurance company, State Farm, appraised the damages to the car in the $9K-$10K range, but refused to total the car in despite of the severe frame damage the car sustained. The car at the time of the accident must have been worth $15K-$16K (Paid nearly $21K for it brand new). For better or worse neither of the front airbags deployed. Had they gone off, probably the adjuster would have written off the car. The guy that hit me, also was insured with State Farm. His truck was a new '96 Ford F-150.... He hit a concrete light pole and almost smashed the whole truck.

Fortunately no injuries, just property damage. For the next 3 months I was out of my car. The repairs were done at one of "State Farm's approved body shops" and it turned out to be a FIASCO of monumental proportions. The body shop was slow in getting the repairs moving and the car was an utter piece of junk (Very badly made repairs in despite of brand new Acura parts) by the time I got it back. I drove it for another year and HATED EVERY MINUTE OF IT . I was saddled with a car that had been in an accident, with frame damage and lousy done repairs. I was furious with State Farm

At the time I had no idea I could have filed for a "diminished value" claim. The car was worth JACK after the accident and it was never the same pristine machine I had purchased new the year before. Every used car appraiser pointed to the frame damage and bad repairs. By the end of '97 I decided to cut my loses, take a $7K hit and unload the car

I am still insured with State Farm, but sorry, like any other business, they are only interested in safe guarding their interests and bottom line, but never for a minute believe that their sole reason to exist is to look after you

If you were not at fault, find out what needs to be done to file for a diminished value claim and once you get your money, unload the heap.

 

Get it repaired an unload it. $15K worth of repairs is telling me that car has been re-constructed almost from scratch. I would never feel safe in a heap that has been so badly compromised

 

What is it that you think State Farm did wrong in your situation, Clubman ?

They didn't pick the shop, you did. Those shops are not State Farm shops, they are independent shops that just happen to participate in their program and are authorized to do estimates for them. Of course, the program has changed a lot since this incident and shops today have to meet much more stringent quality control standards.

When it came to your estimate (not an appraisal), it did not meet the criteria for a total loss. So they had you pick a shop for repair. Your beef should be with the shop, not State Farm.

Of course, we insure millions of people and handle hundreds of thousands of claims each year. We're not going to make everyone happy. I mean, geez, one of our major competitors has a commercial in which they brag that 9 of 10 people who file a claim with them would recommend them. That means 1 out of 10 was not happy.

So... sorry you had a bad experience 11 years ago with your repair shop. I would have been pissed too, if I were you. But I would know who to be pissed at.

 

Steven is correct. A repaired post-accident car is never the same. Just think of someone with a broken neck. Yes it is that bad.

Take it from me. The body shop business is a nearly unregulated industry and has little to no oversight. Together with the insurance companies, these clowns are making lots of money and at the same time putting back on the road cars with dubious repairs, endangering the life of unsuspecting customers and the public in general.

Some cars, SHOULD NEVER BE REPAIRED!

 

Yes I am mad at the shop as well. But they went out of business years ago (Wonder why? ). It was my first accident and my agent recommend them highly, so I went along with the suggestion. In truth, the car was badly damaged and not even the best shop would have been able to put it back to 50% of what it was before the accident.

Yes, State Farm did what they were supposed to do, but I resent the fact that I was forced to accept a car with bad frame damage and wasn't even given a hint in regards to the DMV claim either.

Oh well, that agent retired years ago and his office closed. Today I have a different agent and so far I have a good relationship with them.

I have been insured with SF for nearly 20 years and I pay "mutual" rates,so in despite of my experience 11 years ago, I have had no incentive in switching elsewhere. I pay "peanuts" for my premiums in despite of the city I live in, which is known for its very bad drivers and high claims.

 

You're speaking emotionally, Clubman, so I'll be easy on you.

You're taking your bad experience and painting the insurance industry with one broad stroke that is way off base.

If you could spend just one day with me where I work, you would realize just how foolish your comments are.

 

Sorry, the whole experience left a very bad taste in my mouth. Some memories last longer.

And remember, that this "fool" is also paying for your salary, so back off a little, would ya?

 

Well, since that experience was over a decade ago, I'm not too surprised that the shop has closed, your agent has retired, and you are happier now than you were then... glad to hear that !

 

Huge difference between calling a comment foolish and the person who said it a fool.

So no... I have nothing to back of from, thanks.

 

I'm very glad to hear that there is no diminished value for minor stuff like this. I remember seeing a salesman at the BMW dealer going over a prospective CPO car with some gadget that measured paint thickness. He said if there was any repainting the car would be rejected (as a CPO, not as a trade-in). I don't ever expect to be in this situation since I sell my cars outright, but I was curious...

 

When your home has sustained damages, an inspector has to come out to approve the repairs done on it and ensure that everything complies with existing code.

When a car is repaired, no independent inspector is sent out to make sure that the vehicle has been properly repaired and it is safe to drive. The inspection process is left up to the body shop and the insurance company. This is why I say that the car body shop business is pretty unregulated. There isn't any oversight to ensure that badly damaged cars are properly repaired and are road worthy.

 

No problem....my bad

I appreciate your insight here from behind the trenches. Just understand that going through the experience of a car accident and subsequent body shop repairs isn't the most pleasing experience in the world.

 

You have to remember, Clubman, only YOU can select your body shop. It's up to you to make sure they meet your standards before you hand them your vehicle.

Shops that are in the insurance company's program are not owned or operated by the insurance company. The only reason they have shops enrolled in their preferred shop program is to save time and money doing estimates (the more employees the insurance industry has, the higher your rates will be).

But remember... you don't have to take your car to one of those shops. You can take it to any shop you want !

 

Yeah, I know you had a bad experience and you're emotional over it. No problem. But I'd like to think that a very high majority of our customers are happy with our service. And statistics bear that out.

 

Well, having had a chance to do some research about diminished value claims after getting home from work tonight, things don't seem to be so cut and dry as I would've hoped in terms of resolving my recent accident.

Looks like the whole idea of 'diminished value' being a legitimate payable claim by liable parties in insurance companies is still a big gray area for the most part. Seems like it's come down to a state-by-state decision that's being determined by the courts. One article I found cited hearings in Texas, Maine, South Carolina, Delaware and Massachusetts (my hometown) in which the Supreme Court has found that insurance companies cannot be held liable for both the cost of repairs and the perceived diminished value of the repaired auto.

Massachusetts decided on this in 2003 in a case that was brought against Commerce Insurance...this runs counter to hearings that ruled in favor of making claimants whole that took place in states including Georgia and Kansas. Guess I'm just in the wrong state to get what's rightfully mine...I disagree with the court's ruling, but this isn't going to become my issue to grandstand over.

Thanks again for all the help CR&PW&JB- kindly let me know if there's something you know that I don't.

 

Hey, Josh... your research doesn't surprise me. Insurance is a highly regulated industry at the State level so rules vary greatly between jurisdictions.

But here's something you should know: Rules laid out by State Regulatory offices and court precedence are just part of the story. Insurance companies can independently decide to not abide by those rules IF their decisions are in favor of the policyholders. So, just because they don't HAVE to honor Diminished Value claims within any particular State doesn't mean they won't.

Why would they if they're not required to by laws and regs ? Because part of claim handling is to make the claimants so happy with the service that they decide to switch their insurance company.

So, give it a shot with the company handling your property damage liability claim and see what they say. Can't hurt to ask !

 

I got my car back today! Total time in shop = 3 months and 20 days.
Performance wise it has some sort of air intake leak (my guess from the sound when i switch gears) and I am lacking power. It is defiantly not as fast as it was prior to the wreak ( it is a MCS), I will floor it and it does not respond very quickly. It is also stuttering occasionally when flooring it.
As far as appearance goes, the hood is not on straight and there are some imperfections in the paint on the roof.
Oh, and my check engine light is on, but the car did go to the dealer to get the computer reset and they say it is because the gas went very low.

I will be taking it back to the shop Monday for the power/intake problem and will update then.
Total damage = $19,800 (initial quote around $13,500 + the extras at around $5800). I paid $25,000.

 

That's just ridiculous. Best of luck with the remaining (and new) issues; don't settle for less than you're happy with.

 

I know it's hard for the estimator to find ALL the damage initially. But for there to be nearly $6K in supplements, that's just awful. Someone did a crappy job on that initial estimate.

That MINI should definitely have been totaled out.

Make the shop take care of those problems. They owe it to you to make it right.

 

!!!!

 

You might have recourse in not taking that car back.

In NC if the damage is (forget but I think) 80%
of the book value, by law, the insurance company
has to total it.

If your state has one you might want to contact
the attorney general consumer affairs division as
well as the state's insurance commissioner.

Speaking of here (can't say where you are) filing a
written complain with them takes the case out of the
hands of the lower level adjusters and such, and puts it
on the desk of a 'designated corporate contact' which is
like 10 levels up from the people you have been dealing with.

You will have to be consistant and know the law and make
formal complaints.

I don't mean to make your stomach hurt more than it is now but
I'll say what we are all thinking - sell or trade in time you'll be
lucky to get $5 for that car.