Proof once again that nothing good happens after midnight

[omasou]

Originally Posted by ShopVac

Technically (can't state if it's 100% true) - but Progressive is to list this as 'not at fault' and not increase our rates. Not sure I really believe this...but that's what they say. This is the 2nd time it's happened in 3 years (actually bought the red Hyundai when the Kia was totaled by an uninsured - had dashcam proof too). I carry 'underinsured / noninsured' coverage specifically for this, as sadly, if they can't cover the cost of a Kia/Hyundai...you know they're not handling the cost of the Bimmer.

Do agree there should be a special place in hell for them though. Hot, humid, and no water for eternity.

The $500 deductible should be reimbursed by the other insurance company and your insurance company should be the ones that get it for you. Probably getting rolled into the $5000 liability. Either way your insurance will probably give you $500 less.

In PA, uninsured and underinsured is MEDICAL insurance. Has absolutely NOTHING to do w/collision.

https://www.legis.state.pa.us/cfdocs...n=31&subsctn=0

Uninsured motorist coverage shall provide protection for persons who suffer injury arising out of...

Underinsured motorist coverage shall provide protection for persons who suffer injury arising out of...

If you cause a car accident and there's damage to the other car or someone is injured as a result of the accident, your liablitiy insurance covers the cost of repairs to the car as well as medical bills for the injured party's. The higher your liability insurance coverage, the less chance you have of having to pay out of pocket for any of these expenses.

The remainder should come out of the other party's pocket. The problem is your insurance doesn't want to break out the lawyers to sue her for the difference.

Sue the other party in small claims for the difference (as suggested) and teach them that having the "minimum" insurance isn't acceptable.

I'd also try to take the rims and tires off the old car if they fit the new car.

[ShopVac]

Originally Posted by Watching The World Burn

So I think I get why your insurance doesn't particularly want to make you a generous offer. What I'm having trouble understanding is why doesn't the guilty party have to pay up the difference?

How is it that you can take out the bare minimum insurance and then shrug and walk away from the thing without facing personal consequences (ie. taking your house, etc). Maybe your insurance is planning on going after them personally to cover their offer, I have no idea, but that just is strange to me. Canada I think has a mandatory minimum of $200K (but that also covers injury or death), but often people take out higher coverage.

Its an unfair situation for you to be in. Outside of insurance, do you have any recourse?

Not sure what the insurance course of action is after I settle. My only other option would be small claims court...if electing to go through that.

[ShopVac]

Originally Posted by Tommy-G

ShopVac there is another option albeit a P.I.T.A. You can take the Tesla owner to small claims court for the loss and court fees. Looks like PA is $12k or under.
Figure if they own a Tesla they should have $4k accessible even though they realized they dont need to have good insurance coverage

Just another option.

Yeah - I thought of this. There's a dollar limit to where it's not worth my time (unless I'm just trying to make a point). I'm trying to determine what that limit may be.

[ShopVac]

Originally Posted by omasou

The $500 deductible should be reimbursed by the other insurance company and your insurance company should be the ones that get it for you. Probably getting rolled into the $5000 liability. Either way your insurance will probably give you $500 less.

In PA, uninsured and underinsured is MEDICAL insurance. Has absolutely NOTHING to do w/collision.

https://www.legis.state.pa.us/cfdocs...n=31&subsctn=0

Uninsured motorist coverage shall provide protection for persons who suffer injury arising out of...

Underinsured motorist coverage shall provide protection for persons who suffer injury arising out of...

Thanks for the lesson - guess I was thinking these lines were something different.

Originally Posted by omasou

I'd also try to take the rims and tires off the old car if they fit the new car.

I thought of this...I'm not sure how bad the damage actually is to the rims. They were uncurbed...but I'm thinking the two back rims are pretty marked up right now. My niece has a stripper Elantra, it would be nice to give her these - I'm sure it's better than the hub caps and Chinese tires she has now.

[ShopVac]

So - on the Progressive website, they have a list of 'what to do when your car is listed at a total loss'.

From this, theuhsve a link to help you find a new car. This Progressive link has one example in my area. it's a cheaper version (Value vs the Limited I had) - and they want $20,400 for this cheaper version (picture below).

I don't understand how every search I do shows this car at $19.9K or higher...and they only value it at $18.1K

I've looked at:
AutoTrader
Progressive's True Car
TrueCar
CarMax
Cavana
CarShop
Car.com
And done nationwide searches on some of these.

I'm not sure what more I can do to prove my case here.

[omasou]

Check but I believe they are using KBB values not COVID inflated retail values. Not sure if KBB is taking COVID pricing into account?

Insurance may be using Kelley Black Book values? I thought there was also an orange book but cannot find it.

https://www.fredbeans.com/used-car-g...ook-prices.htm

The Blue Book® is where drivers look to know what amount they can expect to purchase a vehicle or sell a vehicle for. The Black Book, however, deals more with up-to-date car sales and wholesale pricing values, so the information is more useful for car dealers. If you're looking to buy a used car, they're both available, but they offer different sides of the same coin. As a consumer, the Kelley Blue Book® will be the most beneficial.

When I traded a BMW years ago, the dealer (owner) called his auction guy to get an idea of price for my trade. I remember him saying...really...b/c the value was much higher than he thought. My point is unlike houses, insurance and dealers are not only using retail comps they are also looking at current auction and wholesale pricing.

[ShopVac]

Originally Posted by omasou

Check but I believe they are using KBB values not COVID inflated retail values. Not sure if KBB is taking COVID pricing into account?

Insurance may be using Kelley Black Book values? I thought there was also an orange book but cannot find it.

https://www.fredbeans.com/used-car-g...ook-prices.htm

The Blue Book® is where drivers look to know what amount they can expect to purchase a vehicle or sell a vehicle for. The Black Book, however, deals more with up-to-date car sales and wholesale pricing values, so the information is more useful for car dealers. If you're looking to buy a used car, they're both available, but they offer different sides of the same coin. As a consumer, the Kelley Blue Book® will be the most beneficial.

When I traded a BMW years ago, the dealer (owner) called his auction guy to get an idea of price for my trade. I remember him saying...really...b/c the value was much higher than he thought. My point is unlike houses, insurance and dealers are not only using retail comps they are also looking at current auction and wholesale pricing.

Worst than KBB - they are using NADA values, which is $1200 lower and weighted down their average to comparables they found in the area. I'd be willing to bet they use the lower of the two when evaluating.

Below is the KBB private party (which I thought was even lower than the value of what I'd pay at a dealer). And their used NADA value of $16.9K

I have not seen black books value...

[ShopVac]

This is KBB's cost to buy. And even lists the one in my area with it's value.

What am I missing here?

[omasou]

That's the yellow/orange book that I was thinking about.

[ShopVac]

After dealing with everyone and their mother...finally settled. I'll take the title over to them on Monday.

Payout will be $20598.

So, there's two parts to this...

1st, the good:
In 2019, I paid $15868 out the door for this car. So over 40 months and 19,000 miles of driving, I made $4730. Don't think I've ever seen that coming.

2nd, the bad:
$20600 - 2020 Elantra Limited replacement cost
$290 - Ohio documentation fees, temp tags, notary fee
$1442 - PA Taxes
$80 - AAA document fees, notary and license tag
$170 - PA Inspection and Emissions
$800 - New tires that I just lost out on

$23,282 for replacement costs
$20,598 settlement
($2,685)

Now, what do I get for the $2685? Tires cost is negligible, as the new car does have decent tires...they're just not Michelins. So, let's just say $2000 in the hole

1) 3 year newer car
2) remainder of the 5/60K warranty (which is 2 years/38000). Note last car was just coming off warranty, so it was expired.
3) Additional safety features (Lane departure / auto braking) that in return will save my daughter $80/yr in insurance costs.

Guess I can live with this...but I do have a stronger hatred for Tesla drivers.

[ShopVac]

Also - car was down the street. Needed to grab the dash cam, and screw it...I took the winter floor mats too since the summer mats where in the trunk...they can keep those.

Here's a better shot of the damage. Driver's side was worse than I thought. Wheels are curbed bad, hard to say if the tires are still good (they are holding air). Wheel hubs are toast...as the alignment is pretty bent on both. I'm sure someone will fix and get it back on the road though.

[Watching The World Burn]

Glad you were able to get a little more out of them. Still a PITA though.