Recent repairs compensation for total loss settlement?

[Asker]

Car totaled by at-fault driver. My understanding is that recent repairs are considered when providing the Actual Cash Value for a totaled car, and that repairs considered normally need to "add value" such as new tires, engine/trans etc.
A $300+ suspension repair was done to my car only a few days and less than 20 miles before the at-fault driver totaled it. Understanding this doesn't meet the "definition", my perspective is that such a very recent repair should be considered. The other driver was at fault on multiple levels, leaving us to deal with personal injury/out of work, all the paperwork, doc visits/extended recovery time, and shopping for a car at the worst time in history. We have enough misfortune already, therefore it would be welcome to get compensation for this repair rather than the insurance company saying "sorry, that's another misfortune for you"

Have read that adjusters have authority to add up to $500 to the CCC value when warranted, and in this case I'm saying it's the right thing to do. Therefore I counter-offered for this repair to be compensated. Assume that adjusters are scored on claims where they add to the CCC ACV, and therefore resist doing so and getting compensation for this repair may require some negotiation. Note that although entitled, we did not rent a car on their dime "just because", due to the injured driver isn't driving yet. They have saved more on that than I'm seeking for this repair.

Asking for knowledgeable perspective/experience from anyone who made a similar claim, or paid/pays these claims. Am I being reasonable?
Thanks for your time.

 

[fed up]

Reasonable, yes. Will you get more? Maybe

 

[Asker]

fed up, thanks for your response-

If enough perspective gained confirming my request is reasonable, will consider seeking a next-level (mgr) confirmation if denied after negotiating with the adjuster.

 

[Allen Trent]

Not sure they will budge, but worth asking. A fair market value if a car, even on like Kelly blue book, bases the expected value on the car being in good shape & everything fixed. So, had you tried to sell the car 3 weeks ago with a bad suspension, you would have sold it for less as the buyer would have known is wasn't running in good shape

 

[Asker]

Allen, thanks for your reply and understand your perspective.
On the other hand, I drove the car in that condition for 2-3wks before scheduling the repair. If the repair was scheduled the day after their at-fault driver totaled it, wouldn't have wasted that money.
Lots of misfortune caused by their at-fault driver, and as noted in OP, though entitled I did not rent a car due to the injured driver not driving yet. That saved them more on rental reimbursement than I seek for this repair. The adjuster can lock onto the CCC, but they can also account for the $300+ repair 3 days and <20mi prior to their driver totaling my car. That gesture would "do the right thing" from my perspective, and it's a small amount compared to the total claim. I'm hopeful.

 

[Allen Trent]

Allen, thanks for your reply and understand your perspective.
On the other hand, I drove the car in that condition for 2-3wks before scheduling the repair. If the repair was scheduled the day after their at-fault driver totaled it, wouldn't have wasted that money.
Lots of misfortune caused by their at-fault driver, and as noted in OP, though entitled I did not rent a car due to the injured driver not driving yet. That saved them more on rental reimbursement than I seek for this repair. The adjuster can lock onto the CCC, but they can also account for the $300+ repair 3 days and <20mi prior to their driver totaling my car. That gesture would "do the right thing" from my perspective, and it's a small amount compared to the total claim. I'm hopeful.

Agree. My kid spent every day for 3 months putting ton of money into his car inside, outside, engine, paint, tires, rims, exhaust. Totalled in 5 car accident with reckless driver. Funny thing now is he barely takes care of his current car in terms of cleanliness as he sees it for what it is: a hunk of metal deteiorating & depreciating every day. Luckily for you, maybe the big jump in recent used car prices will make you better than what you had into yours......but now the next one is more expensive too

 

[adjusterjack]

If enough perspective gained confirming my request is reasonable, will consider seeking a next-level (mgr) confirmation if denied after negotiating with the adjuster.

Your request may be reasonable but the reality is that the other driver's insurance is obligated to pay you only what the driver is "legally" liable for. And that's the ACV (Actual Cash Value) of your car based on its pre-accident condition and mileage.

That you made repairs to keep your car in good condition gets you paid for a car in good condition. Had you not made repairs your car would have been in fair condition and you would get paid for a car in fair condition.

Repairs and maintenance are already figured into the condition ranges so those amounts don't get added to the claim, even if they were done 10 minutes before the accident.

That you didn't rent a car when you were entitled to is irrelevant. Though you may have a claim for "loss of use" if you incurred other transportation costs that you would not have normally incurred.

To echo Allen Trent, you can ask but, if denied, you have no leverage to compel, and escalating to management might not get you anywhere.

Go ahead and ask. See how it goes.

By the way, a $300+ suspension repair could be the equivalent of a couple of worn out ball joints and doesn't change the overall condition of your car, just makes it a little safer.

 

[Asker]

adjusterjack, thanks for your reply -this topic is apparently in your wheelhouse.
I understand that I have no leverage, etc. I consider this something an adjuster could consider acknowledging as an extra misfortune and factor in, to reflect well on their company.
I doubt not doing the repair would have made a difference in ACV, unless adjusters pull all the wheels and get under totaled cars for their inspection.
Asked this Q elsewhere, and received a reply from a former adjuster saying they'd pay out 100% for a similar "just repaired" timeline. May depend on the adjuster/company -don't know.
The invoices were submitted to see how it goes.

 

[fed up]

there will be no consideration about the "didn't use the rental". I hope you are well and all of your medical bills are taken care of

 

[Asker]

To close the loop for this thread-
Just received revised settlement offer that accounted for approx 1/3 of the recent repair.
Accepted -no counter-offer or push to mgr level.
Worth the trouble -YMMV.