Total the car?

[msat]

What is the name of your state? VA

My car (a 2007 BMW 328 Xi) got rear ended 3 months ago. The car is still in body shop! and needs to be ther at least for one more month. I just found out yesterday that the car had structural (frame) damage. They are cutting and pasting the frame. It seems that insurance company is accepted the damage and is paying for repair.

I contacted insurance company regarding why they did not total the car? Of course they do not care. Is there any way that I make isurance company total the car? or at leasr have a DV value on car?

tx

 

[outonbail]

What is the name of your state? VA

My car (a 2007 BMW 328 Xi) got rear ended 3 months ago. The car is still in body shop! and needs to be ther at least for one more month. I just found out yesterday that the car had structural (frame) damage. They are cutting and pasting the frame. It seems that insurance company is accepted the damage and is paying for repair.

I contacted insurance company regarding why they did not total the car? Of course they do not care. Is there any way that I make isurance company total the car? or at leasr have a DV value on car?

tx

If the car is worth more than the cost to repair it, then insurance companies usually take the route most cost effective to themselves. A 2007 BMW is going to be valued at around $30,000.00, so it is going to have to have extensive damage before it will be considered beyond economical repair

How much damage was there to the car? How fast was the person going who hit and were you stopped at the time?

If the car is being repaired by a reputable BMW repair shop, they should have no trouble bringing the vehicle back to the same or better condition than it was in at the time of the accident.

They don't "paste" the frame back together, they weld it back together, with original factory parts, just like the manufacturer does.
I suggest that after you get the vehicle back, you have another BMW dealership inspect it and see if they think the vehicle was repaired right or if they believe it isn't a sufficient job. Shops love making the other guy look bad, so getting a second or third opinion on the repairs should tell you if there was anything overlooked or not repaired properly.

The insurance company has to see to it that your vehicle is repaired properly, they are not required to buy you a new car because you don't want it repaired. So make sure the repairs are done correctly and you should have no problems.

 

[alnorth]

Is there any way that I make isurance company total the car? or at leasr have a DV value on car?

tx

No, you cant decide that the car should be totalled, its not your call. As for DV, youll have to prove it before the insurance company would pay, but you could have a chance depending on the policy.

 

[ecmst12]

You probably don't want them to total the car anyway, as you'll either end up with nothing (if you have Gap insurance, your loan will be paid off but you'll have no car and no money for a down payment) or you'll end up owing several thousand dollars to the bank (if you don't have Gap insurance). Right after you buy a car is the WORST time for it to be totalled as you are upside down on the loan from the time you drive off the lot for probably 1-3 years. This way, at least you'll have a car when they get done with the repairs. You can always put in a claim for diminished value, they might not pay it but you lose nothing by trying.

 

[teflon_jones]

As for DV, youll have to prove it before the insurance company would pay, but you could have a chance depending on the policy.

You can always put in a claim for diminished value, they might not pay it but you lose nothing by trying.

Please try and be familiar with state laws if you're going to post advice on a legal forum. There's a reason the site requires people to put their state in all threads!

Diminished Value claims are not allowed in Virginia so trying to get money from anyone for this is a waste of time.

 

[alnorth]

Please try and be familiar with state laws if you're going to post advice on a legal forum. There's a reason the site requires people to put their state in all threads!

Diminished Value claims are not allowed in Virginia so trying to get money from anyone for this is a waste of time.

As for DV, youll have to prove it before the insurance company would pay, but you could have a chance depending on the policy.

My advice was absolutely correct. I essentially told the OP to read his policy.

Most Insurers in VA either specifically exclude DV, or failing that, the VA courts have interpreted that DV is not covered in most standard collision policies.

I have not heard of a law that prohibits insurance companies from voluntarily choosing to offer DV coverage for a higher premium, so technically your snide "Correction" was itself incorrect.

 

[ecmst12]

My post was correct also. Whether or not courts in VA have upheld DV claims, there is nothing stopping OP from filing the claim with the insurance company. They may deny it, true, but he loses nothing by trying.

 

[teflon_jones]

My post was correct also. Whether or not courts in VA have upheld DV claims, there is nothing stopping OP from filing the claim with the insurance company. They may deny it, true, but he loses nothing by trying.

Touche, that is true.

There is also nothing stopping me from writing my bank asking them to put an extra $1000 in my account, but sometimes it's not worth wasting your time asking for something that is never going to happen.

 

[ecmst12]

I am an insurance adjuster and VA is one of the states I work with. I've only been doing it for about a month and a half, but my boss told me that all diminished value claims are considered on a case by case basis. I've only had one come in so far (for MD, not VA), but we paid it. But they're not automatically denied in any case; I think sometimes it's not worth risking the case GOING to court (which costs everyone more money) if the person isn't asking for the moon.

So I'll repeat: It never hurts to ask.