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06 Legacy in Rear Ended
Posted 06 July 2006 - 12:27 PM
The shop is saying they can fix it, and I have no reason to believe that they wouldn't do everything they can to fix it the best they can, but I'm afraid that it'll never be the brand new car that it was before the accident.
I guess our main concerns are that something could have been cracked/compromised by the impact somewhere other than the back part of the car, and also that re-painting the car will not be the same as the factory finish. Are these reasonable fears? Any opinions on this? Thanks!
Posted 06 July 2006 - 12:34 PM
Posted 06 July 2006 - 01:26 PM
This is probably something you should contact your insurance company about, unless they're the ones paying. I assume the teenager had insurance and that his/her insurance company is paying for the repairs.
Posted 06 July 2006 - 01:44 PM
Posted 06 July 2006 - 07:17 PM
Let me begin by saying that I am not a lawyer, so the following is indeed based on my opinon.
[...]The shop is saying they can fix it, and I have no reason to believe that they wouldn't do everything they can to fix it the best they can, but I'm afraid that it'll never be the brand new car that it was before the accident.[...]
I think your concerns are legitimate. However, that doesn't mean it will be easy to obtain fair compensation. A lawyer may be able to help you recover your losses and "make you whole", but there's no guarantee of that and legal fees can be a real nightmare (opinion, but based on bad experience ).
If Ohio allows for a claim due to "loss of value" or "diminished value", you may be able to get more compensation than just that for the repair, or use it as leverage with the insurance company to get them to take the car and give you enough to buy a new one. A good lawyer will be fully aware of that and other tactics that are viable in Ohio.
Links to loss-of/diminished value opinions:
Posted 06 July 2006 - 08:56 PM
i wlaked out of the car a little sore, felt fine. 3 days later i was in the ER in a huge amount of pain. 6 weeks later i had a huge problem walking. in january i had to have a badly herniated disc removed and a fusion done. the symtpons of the disc didnt show up for weeks after the accident.
GET A COMPLETE MEDICAL EVALUATION
i now have some paralysys in my left leg and have become best freinds with a few lawyers. The delay in fixing the disc may or may not have made it worse.
but PLEASE make sure you get an cat scan or xrays at the very least. My chiroprachter picked up on what the ER room missed, and he was the first to say i needed surgery.
PS keep a phone log of who you talked to when about what. it will come in handy. my car was driveable but bent. The insurance company will total your car most likely. Dont fight them for totaling it. The car after that hard a hit will never be the same no matter how goood the shop. The insurance adjuster pointed out to me my frame was bent by a shifted gap in the hood amd slight shift in the fenders under the hood. i didnt argue. The car did save my life.
Posted 07 July 2006 - 07:39 AM
By all means, if anyone has been in a serious accident, a thorough check-up is very important. Hopefully, it will accurately give you a clean bill of health. Nipper certainly brings up a good point; the condition of the car might pale in comparison to possible injuries.
[...]GET A COMPLETE MEDICAL EVALUATION[...]
Posted 11 July 2006 - 09:04 AM
Just giving an update. I have been in to see the dr, because I've had neck, lower back pain, and headaches, so thank you for the concern! My husband and kids have only complained of minor aches and pains, though the kid's are still freaked out about it.
Anyhow, we met with the mechanic (at the dealer) this weekend, with my dad, and he confirmed what we suspected, that the car will never be as good as it was before the accident. They haven't gotten it apart to be able to determine how much the unibody has been affected, but you can visually see the way the front doors "pop" out infront of the back doors. We took lots of photos, and have contacted a family friend who is a lawyer because when we told the insurance company we wanted a new car, like what we had before we were hit, they said that's not what they do, and even argued that the value wouldn't be less once it's fixed. We talked to the Sales Manager and he said the value would definately be less. He couldn't tell us exactly how much until the repairs are done, but estimated it would be KBB minus the value of the repairs, so probably at least $6-8K less! Augh!
Posted 11 July 2006 - 09:15 AM
Posted 11 July 2006 - 09:34 AM
This will get ugly stand your ground. I had a 1998 legacy. When it got totaled the insurance company pulled the history on the car (history only known to insurance companies, not carfax). They told me the car had less values since it had two unknown claims before i bought the car. I did get the insurance company to say that these claims could be as minor as glass, and they still said that they devalued the car. I argued the point about the stupidity of the glass, but i did not get anywhere. Also 6 months before the car was hit while parked, there was no structural damage, but the bumper skin and grill were replaced (car looked better then when i bought it). They said this devalued the car.
Don't buy the insurance companies claim it will have the same value. They are theives (the companies not the agents) and total scum, and are out to screw people any chance they get. My agent is so pissed at my insurance company, and frustrated as they are telling him things he never heard of, and i have a major company.
Another example, i've been out of work since last july, and will be probably for another year (gets me really upset). The insurance company has been making my lost wages payments 2 days later each month. This would have them making 11 monthly payments a year instead of 12. My lawyer jumped down thier throats on that one.
i am so glad you get medical attention. i am sooooooooo sorry the kids were in the car, but kids tend to bounce back. Being freaked out, im 44 and i am still freaked out, i watched everything happen in the rear veiw mirrior.
Keep an eye on your injuries for the two months. anything weird in your legs, see a dr asap, dont think its the weather or old age creeping up or anything like that.
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