Vehicle Accident Yesterday...

[firemartinez80]

I was sitting at a red light and from behind, I get hit. Damage is to my tailgate, bumper, and right rear.

I have notified my insurance and also contacted the insurance of the driver at fault.....Now my question is, What should I expect as far as compensation?

I have fortunately not had an accident in over 25 years and not sure what to expect from Insurance.

I just want my vehicle fixed, but what about things in addition to the repairs such as the diminished value now? Sorry for the questions, just at a loss now

2016 Silverado Crew Cab LT - 89000 Miles - Florida

 

[fed up]

You should expect a call from the other insurance company directing you to either, their claim center or a collision center of your choosing. You should expect your vehicle to be repaired and not cost you a dime. you should expect for the other carrier to put you in a rental if you need it. You should expect your vehicle to be repaired at the site of the damage.
I tell every customer I have to make an appointment with their care provider. Whip lash can occur days after an accident. i would not involve your carrier in the claim unless you are forced to because the other carrier assigns some fault to you or denies the claim.

 

[InsCommentary]

Let you insurance company handled repairs and subrogate against the other party. It is likely that your collision coverage does not cover diminished value but the other party's liability quite possibly does. Coming up with an amount of DV is another matter.

 

[adjusterjack]

I just want my vehicle fixed, but what about things in addition to the repairs such as the diminished value now?

You ask the other driver's insurance company for an additional amount of money for diminished value and the burden of proof is on you.

Florida courts have held that “the cost of the repairs made plus the diminution in value will ordinarily be the proper measure of damages, with the burden on the plaintiff to prove in addition to the cost of repairs, that he suffered the additional damage of diminution of value by the vehicle having been involved in the accident.”McHale v. Farm Bureau Mut. Ins. Co., 409 So.2d 238, 239 (Fla. Dist. Ct.App. 1982); Airtech Serv., Inc. v. MacDonald Constr. Co., 150 So.2d 465 (Fla. App. 1963). In McHale, Florida’s Third District Court of Appeal describes Airtechas“not a ‘cost-of-repair’ case, but a ‘total destruction’ case.”McHale,409So.2dat239.It is not necessary for the vehicle to be sold before damage for diminished value is realized and can be recovered. Meakin v. Dreier, 209 So.2d 252 (Fla. App. 1968).

https://www.mwl-law.com/wp-content/uploads/2018/02/DIMINUTION-IN-VALUE-IN-ALL-50-STATES.pdf

Diminished value is not covered by your own insurance.

If you want an idea of what your diminished value might be, go to the value guide websites (KBB, NADA, Edmunds) put in your truck's details and add 100,000 miles to the mileage figure. The difference in value between your truck with 89,000 miles and 189,000 miles will give you a starting point for negotiating.

If you start having aches and pains in the next day or two get yourself to a doctor and get it on record. Minor whiplash discomfort usually abates after a couple of weeks of Motrin and muscle relaxers but you want to get some X-rays to make sure nothing got whacked out of place. There's a few bucks in even minor whiplash cases and being rear ended is usually a slam dunk for found money.

 

[firemartinez80]

Thank you all for the information!!!

 

[Davis Wilson]

hope you are fine, may you never get in any accident again.