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Discussion Starter · #1 · (Edited)
Was driving home mid day Saturday and going thru a small traffic circle. Was going north and around the circle to continue north; was already past the midpoint when the car entering on the right didn't yield (didn't even slow down at all). No time to do anything and hit him. The young guy basically admitted fault and said the same thing to the trooper.

So, I will be working a claim with his insurance company only since it is his fault. But figure this will be no fun as the insurance company will try to split fault some how. It's been a long while since I had to deal with this so looking for advice, obvious or not. We did get a police report and I'm working to get a copy from the state troopers to see if they listed fault or issued a citation.

Damage: Right front fender, hood, headlight, foglight, bumper, fascia, suspension/steering (broken tie rod and/or control arm). Other unknown as suspension warnings and other warnings are lit. Suspension isn't leaking down.

Some questions/concerns:
1. Giving a statement to his insurance company . Anything to watch out for?
2. Finding a good body shop.
3. Using the body shop they indicate or not?
4. Use of OEM parts; tied to this is I have Lifetime Maxcare that I need to make sure stays valid.
5. Work that the body shop can/should do versus the dealer. Like suspension or collision warning.
6. Diminished value - I see this mentioned sometimes, how does this work?

Thanks for the advice in advance.
 

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2020 WK2 - previous Jeeps:XJ, WK
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You say the damage is on the left side but the pictures show it on the right side, where I would expect it to be if you were going counter-clockwise through the roundabout. I have always undersrood that as drivers we are normally responsible for what happens on the left side of our vehicle In a collision. In this case it would appear the other driver is clearly at fault just based on the damage to the right side of your Jeep.

If you have collision insurance, won’t your insurance company do all the fighting with the other insurance company?
 

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Discussion Starter · #4 ·
You say the damage is on the left side but the pictures show it on the right side, where I would expect it to be if you were going counter-clockwise through the roundabout. I have always undersrood that as drivers we are normally responsible for what happens on the left side of our vehicle In a collision. In this case it would appear the other driver is clearly at fault just based on the damage to the right side of your Jeep.

If you have collision insurance, won’t your insurance company do all the fighting with the other insurance company?
You're correct, my mistake. Passenger side/right side - going counter clockwise. will edit my post.

Since I'm assuming it is 100% the other drivers fault, I will have the claim go thru them. While I reported it to my insurance company, so far trying to avoid an actual claim which might impact rates. I've also heard I may be responsible for my deductible if I go thru my company and they may not pursue getting it back for me. Of course that's all other people's experiences. That's why asking here, to see what experiences or advice others may have.

Thanks.
 

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I don’t know if you should be worried about the deductible, so maybe someone else who has more knowledge of your local insurance pracrices will jump in.
I know when I got T-boned on the left side about 15 years ago, I was initially considered to be at fault because I was turning left and got hit on the left side. The fact that I could tell them he had slid through his red light on bald tires after freezing rain had been falling for a while counted for nothing. But luckily I was able to track down the pizza delivery driver who had been behind me. He was able to confirm that the other driver had slid through the intersection well after the lights had changed. I didn’t have to pay the deductible. Good luck with your claim!
 

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Diminished Value usually happens when you sell the vehicle and you make a claim against the "at fault" insurance company showing what you were able to sell/trade in your vehicle for vs. what fair market value was at that time. If you don't sell until you hit 150K - 200K+ I wouldn't even think of filing a claim ... wouldn't be worth the effort. Each state is likely to have different insurance rules/laws regarding diminished value. You might want to ask your agent how it works in your state.
 

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Discussion Starter · #9 ·
Diminished Value usually happens when you sell the vehicle and you make a claim against the "at fault" insurance company showing what you were able to sell/trade in your vehicle for vs. what fair market value was at that time. If you don't sell until you hit 150K - 200K+ I wouldn't even think of filing a claim ... wouldn't be worth the effort. Each state is likely to have different insurance rules/laws regarding diminished value. You might want to ask your agent how it works in your state.
Thanks for the reply/info. My plan is to keep it for a while as long as no issues crop up.
 

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Thanks for the reply/info. My plan is to keep it for a while as long as no issues crop up.
You can't go back years "down the road" and file a diminished value claim so file it now before the collision claim is settled. One way to estimate what the DV is today is to go onto a valuation site like Edmunds or KBB to determine current value WITHOUT listing an accident first, then go back run it again and provide the same info except show the accident. Don't show the accident first because their systems will remember the VIN which you have to provide. You might need to find a local DV specialist because your insurance company may not go to bat for you.
 

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You can't go back years "down the road" and file a diminished value claim so file it now before the collision claim is settled. One way to estimate what the DV is today is to go onto a valuation site like Edmunds or KBB to determine current value WITHOUT listing an accident first, then go back run it again and provide the same info except show the accident. Don't show the accident first because their systems will remember the VIN which you have to provide. You might need to find a local DV specialist because your insurance company may not go to bat for you.
smiley47 is correct that you should file for DV immediately. The state I’m familiar with and friends filing DV has a 6 year DV statue of limitations and they filed after recognizing the DV at trade in with the accident reducing the trade in value. Check with your agent and/or DV specialist on your states regs/laws regarding DV.
 

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Since I'm assuming it is 100% the other drivers fault, I will have the claim go thru them. While I reported it to my insurance company, so far trying to avoid an actual claim which might impact rates. I've also heard I may be responsible for my deductible if I go thru my company and they may not pursue getting it back for me. Of course that's all other people's experiences. That's why asking here, to see what experiences or advice others may have.
I think much depends on who you have for insurance. Most of the reputable ones aren't going to ding you for a not-at-fault accident and would pursue all damages including deductible from the at fault driver's insurer.

If you do decide to go it direct, I'd definitely find out if you have any legal expertise among friends or the like as most likely you're right and the other insurer will nickel and dime for everything they can.
 

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Discussion Starter · #13 ·
Thanks for the advice. From what I can find online the DV Statute of limitation for CO is 2 years. My insurance is with USAA. I've reported to them, I will give them another call. The challenge these days seems to be getting someone knowledgeable on the phone.
 

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Thanks for the advice. From what I can find online the DV Statute of limitation for CO is 2 years. My insurance is with USAA. I've reported to them, I will give them another call. The challenge these days seems to be getting someone knowledgeable on the phone.
Did you get an estimate for the repair and a timeline?
 

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Discussion Starter · #15 ·
Not yet. They are still determining liability. Hope to hear about that today or tomorrow, then can get going on estimate and repair. Going to talk to my insurance company more today.
 

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Yeah, no kidding. But thankfully in this case they have accepted full liability. Now just waiting on their initial estimate. Have a bodyshop tentatively picked out.
If they have accepted liability as you say, have them send you an email stating that they accept 100% liability. Sleaze bag insurance companies will accept liability, but not 100% and try t throw some percentage of the fault on you, even with other drivers statement to the police. That happened to my grandson even though the other driver admitted fault to the officer while he was wearing his body cam they tried to throw some blame on my grandson ( it didn't work) even though the guy made an illegal left turn in front him.
 

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1. Giving a statement to his insurance company . Anything to watch out for?
answer the question that was asked.
dont lie
the shorter the answer the better. Most time yes or no will suffice. Pretend it’s judge Judy. Don’t be ‘that guy’.

2. Finding a good body shop.
Very difficult. Even for me and I have 30 years in auto insurance claims.

3. Using the body shop they indicate or not?
depends on insurance company.
Good neighbor generallly yes.
many others generally no.

4. Use of OEM parts; tied to this is I have Lifetime Maxcare that I need to make sure stays valid.
That is a very sticky situation.
If you go through the other party’s insurance as a liability claim they have zero obligation to select OEM parts.
if you go through your own insurance company, they also have zero obligation to select OEM parts UNLESS you have an additional policy endorsement for OEM parts. If you have that endorsement and it’s a concern go through your carrier.
in either case you could pay for the difference in part cost. Or work with the shop.
Good neighnor people are better about using OEM BTW.

5. Work that the body shop can/should do versus the dealer. Like suspension or collision warning.
this will be done at the shop. No need for dealer. Shops do scans and calibrations routinely.

6. Diminished value - I see this mentioned sometimes, how does this work?
Depends on your state. Only GA has DV as mandatory compensation. Uphill battle.

good luck.
 

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Discussion Starter · #20 ·
So far estimate is a little over $5K, but that doesn't yet include steering/suspension damage. Might take a while to get it fixed though. The body shop I want to use is of course a little backed up, said it could be 2 months. I might be able to find one with a better schedule, but this one seems to have a good reputation and communication with them so far has been very good.
The timeframe wouldn't be so bad if it were drivable. I'm trying to figure out if/how I can get the steering/suspension part fixed so that it is drivable while I then wait on the body shop timetable.
 
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