BMW 328xi wreck

What is the name of your state (only U.S. law)? Ohio

My car got badly damaged by other party ,other party insurence also Liberty mutual. (No fault from my end).

Car Milage :10,900
Age 1 Year and 10 days on accident date.

Insured by: Liberty Mutual.
Car is in Excellent condition before accident.

Liberty Mutual Appraised Damages: 12,072.00

NADA clean retail Value : 36,250

I would like to have my car replaced with new car (in line with Liberty mutual New vehicle replacement cost coverage),

"1. Total los must occur during first 12 months of insurence coverage and 2. within vehicle's first 15,000 miles"

Is there a way to get this vehicle totalled.

Does Liberty mutual includes diminish value claim also for caluculating total loss. on ican2000.com ,the diminish value for this car is 5798.00

Does total loss will be caluculated as 12,072 (repare cost) + 5798 (diminish Value) + 1000 (rental car for 30 days).

Would like to does all above help to total the car. How insurence procee works.

Do i have other options to get new car.

I will appreciate your help.

Thanks

You can ASK them if they will allow you to be covered on the new vehicle replacement policy. If they say no, you don't qualify, then you are out of luck - technically you don't meet the criteria, so they would not be doing anything wrong. Outside of that special coverage, you are not entitled to anything beyond the repair of your vehicle. Your car is nowhere near totalled.

how do you claim there is a total loss? I cannot find anything that requires the car to be considered to be a total other than the simple formula of: damages exceed value.

In your case, even with diminished value (your numbers), you are not even at a 50% damage to value ratio.
$17870/36250 (49.3%)

the rental costs are not considered. That has nothing to do with vehicle value. While they might be considered to be damages because there is a loss of the vehicle, those damages are not considered in the value of the vehicle. The insurance company can include them if they want as they would be liable for them and should be considered in the overall financial impact they realize but that is it.

Even with your guesstimated cost of $1000 for rental included, that still only puts you at 52%. I don't know any state that mandates a vehicle be considered a total loss at 52%.

so, regardless of the time frame, which causes you to not be covered, you have not sustained a total loss concerning the vehicle.


btw: your policy does not have to consider diminished value even though you might have a claim against the at fault party for the diminished value.