luckytige

My GS aka pearl!was parked in the target parking lot while I shopped. I got a call around 10:30 pm from the police regarding my car being involved in a accident. Apparently a 18 year old driving a monster truck took the corner and crushed it. When I got out side here read where wS sitting on the side of my baby!

luckytige

This incident happened on friday night the police found her at fault got the report on spot and I made my insurance aware of the accident...she has not contacted her insurance to explain and they are still not moving towards even putting me in a rental car since the incident....she has State Farm. In a case like this can I get an attorney just to deal with the liability issues if things are moving this slow?I missed out on worked, lost wages and travel this week since i was waiting on a tow truck until 12am Saturday morning ....I am just so aggravated by the lack of care shown on both parts. Also when i get an approved rental do I have a choice to get something in the Line with the Lexus e.g. Luxury car from Avis or its whatever the insurance wants to give? Can I also ask for depreciated value from the adjusters? Any help would be appreciated.

dchar

I'm sorry to hear this happened to you. It's horrible feeling to see this happen to you car.

Since I live in CA, idk if it varies a bit. My Audi was in an accident a few years ago, where a pickup truck slammed into a minivan parked behind me. The driver's insurance policy didn't have enough to cover my car or rental since then had to cover the minivan first. Since the accident wasn't my fault, my insurance wouldn't raise my rates or make me pay deductible if I made a claim. So I made a claim through my insurance to expedite the process, and they would go after the other party. Unfortunately, I had recently cancelled the rental portion on my insurance, so I was left without a car for a couple weeks. I had to borrow a car from a family member.

I assume you could make a claim through your insurance, and they would go after the other party. Especially since the police report says that the other party was at fault. Check with your insurance agent. If you don't have rental included on your policy, you could probably get a rental and send the bill to the other party's insurance. You will not be able to get something nice though...most insurance limit it to a rental that is $20/day or less.

In CA, we can also file a Diminished Value Claim. Check to see if you can do that in South Carolina, especially if you own the car. When you go sell the car, this major accident will be on its record and you will lose several thousands. The other party's insurance will cut you a check for what it determines the diminished value would be.

mikesd1980

When I got my 14 GS back in Jan, I was sided swiped3 weeks later by a young lady in a minivan while my car was parked. The cops were called but never showed. We contacted both insurance companies and she admitted fault. Instead of me waiting for hers to pay(don't know how slow they are) repairs and rental I just went through my insurance and I had to pay nothing out of pocket because I was not at fault. I have USAA.

MustangSal

Why can't you use your own claim service and then have them chase State Farm for their own recouperation? You're paying for this coverage...you shouldn't be waiting for anything or worrying about not having transportation. Call your insurance company.

luckytige

I called Geico which is my insurance and they offered me two options I can go after state farm or they can but they are wanting my $1000 deductible for an accident that's not my fault!

dchar

Ask Geico if they will refund your deductible when they finally determine the other party was at fault. Shouldn't be a problem since the police report already puts the other party at fault.

JDR76

My wife's RX was rear ended several months back. I did report it to my insurance (Farmers). They simply advised me to let the at-fault driver's insurance (Geico) attempt to handle it, but if it wasn't moving fast enough or I was not satisfied in any way, I could let my insurance cover it and they would go after Geico. I would then pay my deductible, and when it's recovered from Geico, it would be refunded to me.

Luckily Geico handled it very swiftly so I did not need to do that.

If you run it through your insurance, you should get that deductible back after it's settled.

jdigga99

That's usually how it works. My wife had a Corolla that was rear ended by a van years ago. The van's driver admitted fault on the scene and there was a police report but his insurance fought it for months. We paid the deductible to have the
repairs started and were cut a refund check months later when Progressive finally got the guys insurance to pay up. It sucks but I think OP might have to pay the deductible up front and wait for the refund later on.

islandbeef

+1

Paying the deductible will get the process started swiftly (or you can wait for the two insurance companies to change hands with the funds before proceeding). While waiting, go get several repair quotes from body shops recommended/covered by your insurance. Go with the one that you like the best, folks usually go with the priciest (shrugs).

You will get your money back once the guilty party's insurance cuts the check to cover everything. I've been in three accidents in my lifetime, none my fault and this is what usually happens.

Dave Mac

I have had better service from State Farm than you are getting and I assume part of the problem is that the other driver has not reported the accident yet so they are being a little cautious. You could go through your insurance company to get things moving but yes, you would need to pay the deductible although they would reimburse you in the distant future. That is a lot of expensive damage to a new car with substantial diminished value, I almost think you might be better off just getting an attorney now and let him/her handle everything. I haven't known many owners who really got fair diminished value settlements without involving an attorney. And you might get the best rental car available but it won't be anything you really like.

Good luck.

Dave Mac

luckytige

I just got of the phone with the attorneys….they are saying to wait another 48hr to hear back. But i should go ahead and use the claim number to rent a car because she's clearly at fault and they will cover cost of the rental "Just don't rent the most expensive car". The car is currently at the Lexus dealer collision shop awaiting the adjuster to come out and review the damages. As i was speaking to the Lexus shop they said they might not use oem

dougm213

Only accept OEM new.

hawk12mn

You do not have to accept anything other than OEM and yes you can go after diminished value, but it takes some work. You will have to get offers from a few different Lexus dealerships that they will print out for you. It sucks but just paying the deductible for your insurance will expedite the process and you have another party involved that will assist in dealing with their insurance company. You will for sure get the deductible back and again only have your car repaired by Lexus and use OEM parts.

slainla

I've never involved an attorney in the few relatively minor accidents (around $5k at most) caused by others. Since there were no injuries, the only thing any attorney may help with is to get a higher diminished value and maybe some inconvenience/loss pay.

Because you have full coverage, it'll be easier to just go through your own insurance. Yes you do have to front the $1k deductible but you will get it refunded. Your insurance will go after the other party's insurance through a process called subrogation. Since there's a police report and everything, it should be a slam dunk. However, there's some negatives here:

• If you don't have rental car coverage, your insurance company won't pay for a rental. I'm pretty sure you can get one on your own and then have the other company foot the bill. Or if your allowance is too low ($25) and it costs $30 a day to rent, then you have to pay the difference.
• Diminished value - I don't know how much your own insurance company will pay for diminished value, if any.
• As previously stated, you have to front the deductible.

Since it looks like there may be at least $2-3k in damage, just go to the nicest body shop around. You'll get OEM parts. The insurance company would usually approve aftermarket or used parts but what the body shops do is get that part and show that it "doesn't fit." They then get approved for the OEM parts via the adjuster through a re-inspection and the quote usually goes up.

Good luck!