unfunnyryan Posted January 7, 2020 Report Share Posted January 7, 2020 Thread title. I got rear ended downtown today by a kid on his phone. Funny enough a cop was RIGHT BEHIND HIM and cited him for failure to maintain distance, and gave me a copy of everything with a case number. Bumper is busted good, one of the quarters might be pushed a tiny bit. Question 1: How do I play this to my advantage and not get fucked? I haven't called my insurance yet (USAA) I was advised to let the other company call me first and fall back to mine if they give me the shaft. The other driver has Progressive (could be worse) Obviously I'm going to tell them to pound sand on whatever shop they recommend. Question 2: What's the goods on "aftermarket" parts? I'm not talking about non-OEM replacements, but aftermarket I've installed, such as my exhaust. Part of it is bent where the tail pipes stick out and got hit and one of the hangars broke off. Am I going to be able to fight for a replacement non-oem system here, or will they just cut me a check for that? Question 3: Diminished value, is there a formula for this or are they going to give it to me long dick style if I bring it up? Quote Link to comment Share on other sites More sharing options...
POS VETT Posted January 7, 2020 Report Share Posted January 7, 2020 1. You can always contact your insurance/agent to give then a heads up. 2. Usually OEM exhaust is priced higher. See if the body shop would work with you and you can bank the difference in price. 3. No idea on this. Quote Link to comment Share on other sites More sharing options...
iwashmycar Posted January 7, 2020 Report Share Posted January 7, 2020 Definitely let your insurance know. Afterall if the other party starts getting flakey you pay your insurance....let them fight on your behalf. x2 on OEM probably being tons more. x3 no idea...I assume it would be a couple grand if the car is worth around 20 or so. Quote Link to comment Share on other sites More sharing options...
zeitgeist57 Posted January 7, 2020 Report Share Posted January 7, 2020 Did you have additional coverage for aftermarket parts? I've had Progressive for nearly 20 years and they specifically ask for a dollar amount. Sucks to hear! Quote Link to comment Share on other sites More sharing options...
Fiji ST Posted January 7, 2020 Report Share Posted January 7, 2020 I would file a claim with his insurance company first. That's what I usually do so not to risk me getting screwed by my insurance for something that's not my fault. They will take your information and they will give you a case number that you should be able to use for a rental car while yours is being fixed. Do you have your receipt/paperwork for the exhaust you bought? You will need to prove it somehow. Ask the insurance company what their policy is when you file your claim. I know Tim the detailer (can't remember his user name) did a diminished claim on his Audi years ago. I'd message him directly. All the best and prepare to fight. Quote Link to comment Share on other sites More sharing options...
Geeto67 Posted January 7, 2020 Report Share Posted January 7, 2020 A couple of years ago, I got hit in my jeep. It had a very nice discontinued aluminum tube bumper on it that was very expensive in the 1990's and discontinued. The driver that hit me had progressive. They were willing to pay for a replacement bumper if I could provide them documentation on the cost of the bumper. It took a while but I found an old jeep catalog that had one in it with the price listed. They gave me the list price of the bumper and I bought a different bumper that was about the same money and the body shop installed it. They didn't argue with me, they didn't hassle me, and they were patient. I had the car looked at by their adjuster at a bodyshop I trusted and they fought for me so I didn't have to deal with some asshole trying to lowball the damage. I told them no aftermarket parts to replace OEM and the bumper I would work out with them. Point is I've had a really good experience making a claim with progressive where the other guy was at fault. So much so that I actually considered switching ins companies from geico but they couldn't match my bundled rate. Here is my advice: - Find a body shop you trust. Kevin Clifford seems to the board go to, I also like auto body specialists on 5th ave. Tell them you want OEM replacement parts and exact mfg replacement on any aftermarket parts. Let the adjuster look at the car at their location. Let the body shop fight it out with them, they do it all day long and they know exactly what to say. A really good shop will have their own estimate to use against the adjuster's lowball one. - get all your documentation together for any aftermarket parts. If you have a receipt, great! if you don't get out the catalog you ordered it from or look it up online and print it out. give the body shop a copy so they have something for when the adjuster comes. - These things don't have to be a fight, but having knowledge in hand can prevent one and also help you win if they are going to be stubborn. Stick to your guns: no aftermarket parts to replace OEM and same mfg for any aftermarket being replaced. The insurance company will try to bullshit you about how they can't or they have the right to use aftermarket, but that's only with their driver - you are the person their driver hit and they have to make you whole and cheeping out on parts isn't going to make you whole <--remind them of this fact anytime they bring it up. best of luck and if you start having problems, ask them here and even if we can't help it will be entertaining. Quote Link to comment Share on other sites More sharing options...
nismopc Posted January 7, 2020 Report Share Posted January 7, 2020 I would file a claim with his insurance company first. That's what I usually do so not to risk me getting screwed by my insurance for something that's not my fault. They will take your information and they will give you a case number that you should be able to use for a rental car while yours is being fixed. I agree with this. I had two cars totaled in a span of 5 years. My 99 Q45 was side swiped. I contacted my agent and she stated to make a claim with their insurance company so that my insurance company is not involved at all. Their insurance claimed it a loss and sent me a check after negotiations were made to value of vehicle. My '02 Altima (for my son) was t-boned. I did not even contact my agent this time. Filed a claim directly with their insurance company and again they claimed it a loss and sent me a check after negotiations were made to value of vehicle. My insurance company did not have any involvement in either claim. Quote Link to comment Share on other sites More sharing options...
Wease Posted January 7, 2020 Report Share Posted January 7, 2020 Do you have another car to drive while your car is fixed? If so, here's a way to make some extra money: Make sure you submit a receipt for your "car that you rented from a friend." They have to cover a car rental for you and that's a way to get some extra cash out of it... :nod: Quote Link to comment Share on other sites More sharing options...
supldys Posted January 8, 2020 Report Share Posted January 8, 2020 USAA is awesome, they will deal with the other insurance company for you. As far as diminished value, not much you can do about that. Just save the paperwork from when it was repaired so when the person sees it on carfax you have a good answer. Nothing worse than mystery damage when buying used cars Quote Link to comment Share on other sites More sharing options...
BBQdDude Posted January 8, 2020 Report Share Posted January 8, 2020 Prior to diminished value being an acceptable thing on Ohio I had to go down that road. First offer was $500. I denied it using specific car forums to show the value of the car and what others thought it was worth after the fact on those forums. Second offer was $1500. I then took the repaired car to a major car dealership and got a trade in offer showing the devaluation they gave on my car. Third offer was $3000 and I accepted that. I THINK that in Ohio diminished value is now acceptable so You just have to prove how much money you would lose due/vs the amount of damage you have from the accident. Quote Link to comment Share on other sites More sharing options...
RC K9 Posted January 8, 2020 Report Share Posted January 8, 2020 Funny story about diminished value: A few years ago a UPS driver hit the back of my truck at like 5mph. I got it repaired at ford and informed UPS Ins Co that i'd also be filing a diminished value claim. The plan was to go to a few dealerships and get quotes based on pre-accident and post-accident. Before I had a chance to do all that, they offered me something like $972 in diminished value. I said, "nope." So sometime between my denying their offer and me being able to go get quotes, a check shows up at my house for like $2300. To which I say, "yep! I'm taking that." So I go cash that check. A week or 2 later I get a letter explaining that the check was sent by mistake, and I needed to return the funds less the $972 they had offered. Into the trash that letter goes. You sent the check to me. My cashing of the check was my agreement to those terms. EAD. I get a follow up letter a few weeks later with the same demand but also including a sideways threat about having to go the legal route if necessary. Again...EAD. You sent me the check. I didn't defraud you. Into the trash the letter goes. Then I get a letter from a lawyer, basically making the same demands with some implied threats. Suck my D, Suck my D, why don't you go and put my DDDDD in your mouth. Into the trash it goes. Got a few more letters over the coming weeks from the same lawyer/firm, all of which I just ignored because I hadn't done anything wrong and there was nothing they could do. If it was a mistake, it was their mistake, not mine. $2300 was fair imo. Eventually the letters stopped coming. Never heard a thing about it again. Quote Link to comment Share on other sites More sharing options...
iwashmycar Posted January 8, 2020 Report Share Posted January 8, 2020 I wonder if that happens to be an often used tactic? Seems like it could be? Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted January 8, 2020 Report Share Posted January 8, 2020 I know Tim the detailer (can't remember his user name) did a diminished claim on his Audi years ago. I'd message him directly. All the best and prepare to fight. I did and it was a fight. I had to go up against USAA to do it and while State Farm "backed" me in a letter from my agent, they weren't involved. I wasn't rewarded anything until I provided them 3 estimates from dealers who I also had to write the letters on for then have them review, etc. stating the vehicle lost value due to the claim. All bullshit as it was a pretty simple issue to deal with. In the end we settled on $1,500 and they paid me about 3 months AFTER I sold the vehicle. Honestly, if I EVER get hit again and it's not my neighbor/friend's kid as it was in my case, I'm fucking calling a squad and making a HUGE issue medically and will work the system the old fashion way to get my money. Fuck the run-around I got trying to be civil and cool about it. Many here won't like hearing that but being a nice guy didn't get me far and it wasn't easy. All I wanted was the right thing to happen and got nothing but hassles. Next time I will be the hassle in a major way. Sorry for what happened to you but damn I can't wait to get hit by someone on a cell phone. Quote Link to comment Share on other sites More sharing options...
unfunnyryan Posted January 8, 2020 Author Report Share Posted January 8, 2020 I did and it was a fight. I had to go up against USAA to do it and while State Farm "backed" me in a letter from my agent, they weren't involved. I wasn't rewarded anything until I provided them 3 estimates from dealers who I also had to write the letters on for then have them review, etc. stating the vehicle lost value due to the claim. All bullshit as it was a pretty simple issue to deal with. In the end we settled on $1,500 and they paid me about 3 months AFTER I sold the vehicle. Honestly, if I EVER get hit again and it's not my neighbor/friend's kid as it was in my case, I'm fucking calling a squad and making a HUGE issue medically and will work the system the old fashion way to get my money. Fuck the run-around I got trying to be civil and cool about it. Many here won't like hearing that but being a nice guy didn't get me far and it wasn't easy. All I wanted was the right thing to happen and got nothing but hassles. Next time I will be the hassle in a major way. Sorry for what happened to you but damn I can't wait to get hit by someone on a cell phone. oof, at least I'm with USAA and not going against them? I'm expecting the diminished value part to be a bitch (rental as well) If they send me to more than one place for an estimate I'm telling them I'm billing them for my time. Get fugged. Also, I got hit basically in front of a bunch of lawyer offices at 3rd and main downtown. I was expecting them to come fucking running. Thanks for replies all. I haven't heard anything from their insurance yet. I will be calling tomorrow. Quote Link to comment Share on other sites More sharing options...
smokin5s Posted January 14, 2020 Report Share Posted January 14, 2020 Just get your car fixed, why try to screw your insurance? Quote Link to comment Share on other sites More sharing options...
BIGGU Posted January 14, 2020 Report Share Posted January 14, 2020 Just get your car fixed, why try to screw your insurance? Isnt that what insurance is doing to us? Quote Link to comment Share on other sites More sharing options...
2 Sweet Posted January 14, 2020 Report Share Posted January 14, 2020 Isnt that what insurance is doing to us? Exactly. Insurance is the biggest fucking scam on the planet. We should be trying to milk every cent out of the insurance companies that we can. Quote Link to comment Share on other sites More sharing options...
Fiji ST Posted January 14, 2020 Report Share Posted January 14, 2020 Just get your car fixed, why try to screw your insurance? He's not "screwing" his insurance. He's using the person who hit his car's insurance to the full extent he can for being inconvenienced. Quote Link to comment Share on other sites More sharing options...
RC K9 Posted January 15, 2020 Report Share Posted January 15, 2020 FK INSURANCE COMPANIES. I hate them. Hence why I love fighting with them on auto insurance claims and squeezing every last cent out of them. Quote Link to comment Share on other sites More sharing options...
Suprafiedd Posted January 17, 2020 Report Share Posted January 17, 2020 Just don't file a claim with your insurance first to chase the other insurance for payment. Effectively you just increased your premium for the next 3 years... Quite bullshit but their in it for the premium.... Quote Link to comment Share on other sites More sharing options...
unfunnyryan Posted January 17, 2020 Author Report Share Posted January 17, 2020 Just don't file a claim with your insurance first to chase the other insurance for payment. Effectively you just increased your premium for the next 3 years... Quite bullshit but their in it for the premium.... Haven't had to do anything with my insurance. I had called progressive (their insurer) and they contacted out and arranged just about everything. They wanted to tell me to go to some shops literally in the fucking hood and I just stopped the guy mid conversation, named a shop, and he said okay. Setting me up with a rental too, can't wait to see what piece of shit they stick me in all weekend while doing the estimate. Goes to shop tomorrow, I'm going to tell shop about aftermarket parts and all that, and to call me on anything. If there is no structure damage I'm probably going to just take a check tbh. Quote Link to comment Share on other sites More sharing options...
Rustlestiltskin Posted January 18, 2020 Report Share Posted January 18, 2020 Did you try to get a buyback through lemon law? Quote Link to comment Share on other sites More sharing options...
unfunnyryan Posted January 18, 2020 Author Report Share Posted January 18, 2020 Did you try to get a buyback through lemon law? yeah but the parts weren't on backorder Quote Link to comment Share on other sites More sharing options...
unfunnyryan Posted January 19, 2020 Author Report Share Posted January 19, 2020 oh yeah yesterday adjuster got to look at it, this fuckin cheapskate lol he was saying "they mentioned the exhaust, it looks a bit scuffed, we'll see if we can get them to buff that up for you" meanwhile the shop guys found it was chipped within 10 seconds of looking at it when i dropped it off... so I'm going to stonewall this dick into a new unit, new hangers, etc. Quote Link to comment Share on other sites More sharing options...
Buck531 Posted January 19, 2020 Report Share Posted January 19, 2020 Pics of damage? I'm sure you took a few. Quote Link to comment Share on other sites More sharing options...
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