Auto Accident with Unusual Circumstances - Desperately Need Advice Please

[RBC]

What is the name of your state? Florida

Greetings,

Thank you in advance for your patience in reading through this....

Several months ago, I purchased a brand new car for my wife, who has allergies and severe rhinitis. It took some time to find a vehicle that was “friendly” to her condition, and we purchased the car brand new specifically for this reason.

We had only owned the car for 2 months when it was struck by a commercial vehicle while parked along the curb. The commercial vehicle was being operated recklessly, as it also struck another car parked at the curb. We have been without the car for 5 weeks now.

My primary concern is that the repair process is going to “contaminate” the vehicle, as there is no way for dust/particulates and other agents to be kept from the interior during the repair process. It is very likely that my wife will be unable to drive the car when we get it back, so I will be forced to trade it on a new car. I have spoken to the insurance company who is handling the claim for the company that damaged our car, and they will only pay to have the vehicle repaired, period. They have admitted via e-mail that the car could never be restored to its prior condition, and will not pay to have the car “decontaminated,” for lack of a better description, so I'm left in a quandry.

Given the circumstances, is it my responsibility to bear the financial burden of trading the car in for a new, identical replacement? I understand that the car saw its value depreciate the second we drove it off the lot, but I would not even be dealing with depreciated value had it not been damaged.

I hesitate to sign a release at this point, and I will certainly not release the company that struck the car from liability. Can I release the insurance company, and not release the company that struck our car? Can I use “dangerous instrument liability doctrine” to sue the owner of the company that struck our car?

I understand that I will have out-of-pocket expenses to get a new vehicle, but given the circumstances, should I be fully liable for 100%? I asked the owner of the company for 50% of the difference between the diminished trade-in value of our vehicle, and an exact replacement, but of course he referred the letter to his insurance company, who won’t budge.

Any advice would be most appreciated.

 

[fcobarr]

How was the car kept "decontaminated" and allergen free prior to the accident? I mean, allergens, dust, bacteria, etc. are all around us.

Other then paying for repairs and some diminished value (if applicable), I doubt there is anything else the insurance or the other party are responsible for. You could sue the other driver, but I don't think you would succeed. Repairing the vehicle and paying any diminished value should equal the value of the vehicle prior to the accident. That is all the insurance is responsible for. Your vehicle wasn't new when it was hit and they aren't responsible for more than FMV.

Now, if you had installed some special equipment or something like that, then you would probably be able to get that covered for the new vehicle or installed into the repaired vehicle.

 

[ecmst12]

If her allergies are THAT bad, how does she even leave the house, let alone drive a car? What kind of special features could a car have that could POSSIBLY keep microscopic allergens out of it? You would have to present some serious medical evidence to the insurance company if you don't want them to laugh you off the phone, let alone give you any money. Maybe you could get an air filtration system covered, with a doctor's letter. But that's about it.

 

[RBC]

It's quite difficult to explain this situation, but for example, we do not use cleaning fluids of any type on the interior of the car, and we attempt to keep it as dust-free as possible by storing it in a garage.

Of course there's no way to prevent typical allergins, however my concern is with the byproducts of the repair process, such as paint overspray, particulates from sanding/cutting, etc.

Sounds to me that once again, the innocent party gets burned....I buy a new car, someone wrecks it, and knowing full well it cannot be returned to its prior condition, I must accept a brand new damaged vehicle, and bear the brunt of the depreciation and loss of value, none of which was any of my fault.

 

[Zigner]

It's quite difficult to explain this situation, but for example, we do not use cleaning fluids of any type on the interior of the car, and we attempt to keep it as dust-free as possible by storing it in a garage.

Of course there's no way to prevent typical allergins, however my concern is with the byproducts of the repair process, such as paint overspray, particulates from sanding/cutting, etc.

Sounds to me that once again, the innocent party gets burned....I buy a new car, someone wrecks it, and knowing full well it cannot be returned to its prior condition, I must accept a brand new damaged vehicle, and bear the brunt of the depreciation and loss of value, none of which was any of my fault.

Life's not fair...
Can also be said as "s*** happens"

 

[ecmst12]

What you're asking for is unreasonable. The body shop should thoroughly clean the vehicle after the repair is complete. If you do not want them to use solvents in the process, tell them so. "Paint overspray" and "shop dust" is the same exact stuff the car was exposed to when it was manufactured - nothing new there. If you air the car out for a couple of hours after you pick it up (in the garage, if you insist), any remaining paint fumes (which are unlikely to be there in the first place) will dissipate. The car will have lost value, yes, and may not be EXACTLY the same as it was before the loss, but your claim of more allergens doesn't hold water.

 

[roomservice]

your talking about chemical sensitivities

ten years ago, you would be laughed at. Now, allergies are becoming more and more recognized. having said that, new cars are loaded with chemicals, any repair is going to only add more. The idea of finding some sort of "green" car is unreasonable. , My personal recomendation is to by a car ten years old and to tear out the carpet and headliners, and any other dust producing, chemically laden product.

 

[IrishNodak]

Several months ago, I purchased a brand new car for my wife, who has allergies and severe rhinitis. It took some time to find a vehicle that was “friendly” to her condition, and we purchased the car brand new specifically for this reason.

Just curious...what kind of car would that be, and what made it "friendlier" vs other new cars?