If they screw around with you to much then I'd take the money for your car (whatever it works out to be) and get another vehicle (don't sign off on anything about being injury free if your neck is still messed up) and if they want to mess with you and try to pull some crap I wouldn't hesitate to get an attorney....

 

I talked to the body shop and they are going to break it down tomorrow and he'll let me come look at it before they call them back out for a supplement for the "hidden" damage. I also got the paperwork to fill out a diminished value claim. My agent said once they take into account the original estimate, the supplement, diminished value and my rental for 4-6 weeks they might be better off totaling it. We'll see though. I don't expect it to be an easy battle.
I wish Iknew more about exactly how it happened. I didn'teven seehim coming because he wasn't directly behind me on the freeway. From what it sounds like from the witnesses at the scene he was changing lanes into the lane next to me and the person in front of himbraked and instead of hitting them, he swerved into my lane and hit me. I'm not sure how fast he was going either. I think I blacked out for a second after the initial impact because the first thing I remember is being on the shoulder and trying to stop without hitting the guardrail. I don't remember being thrown out of my lane at all. It look me a couple seconds to realize what had happened and seems like it took me forever to stop.

Thanks everyone for your input and advice! Its been very reassuring.

 

I do agree, however, I would only get an attorney as an absolute last resort. If you handle it right, you will get more money in your own pocket without an attorney.

 

The body shop put the car on the frame machine yesterday to "stretch" the unibody back into shape to see if there was any hidden damage. The idea of streching my car back into shape doesn't exactly give me the warm and fuzzies. They didn't see anything else initially and if there are any supplements they should be minor. My question now is: Obviously I won't get top dollar for my trade in as before the accident because of the extent of the damages because they no longer will be able to re-sell it as a "Certified" used Honda. So, what will the dealership do when I go to trade it in? Do they sell it at auction? What is the trade in difference going to be? I'm trying to figure out what is a reasonable amount to expect in "diminished value".

 

I would bet they will sell it at auction. I just emailed my father in law - he has been in the car business for over 30 years. He has worked sales, appraisals,financing,etc.. in his time in the business. I'll let you know what he says. Don't sign any releases.
I just asked my main auto appraiser that handles most of our claims about how he handles DOV claims. He said he always tells people to go to a few dealerships, tell them about the wreck, and ask them what it is probably worth now compared to what it would be worth if the wreck hadn't happened.

 

On of the biggest differences on value is going to be how the claim against it is filed. Meaning that if I pull a carfax and it says that the car was in an accident but it looks just fine then it doesn't affect the value to much. However, if it comes up as frame damage then I would safely bet you can knock off a good chunk of money.... Put it this way, would you buy a car that was listed as "Previously Damaged Frame"? Most people won't and if the dealership knows about it then they have to disclose it so it takes a massive amount of value away from the car.... I work in the car business and have come accross this very scenario, a customer wanted to trade in his truck, we pulled a carfax and it said "frame damage reported" (no visible signs or clues that anything had ever happend, the truck looked and drove great) however, because of that we couldn't offer him much at all.... As a wild guess off the top of my head I think you can pull 20% off.... Also, like 00Accord said, an attorney should be your last resort, work with them as long as you can, take notes and dates of every conversation you have with them just to cover your rear, and if things get really bad and you can't handle it anymore then take your notes to a lawyer and have them deal with it.... but that should be a last resort....

 

Oh yeah...I forgot nasty was in the car business! That sounds right on the money to me. The only thing that really sucks now is you won't be able to see how the claim was reported until it shows up on a Carfax. Like he said...20% is probably a decent guestimate. So...say your car is worth $14,830 (KBB guesstimate) take 20% from that = $2,966 Diminished Value Claim. I will update after I talk to my father in law, but I have a feelinghe willsay something similar. But, like I said, call or go to a few Honda dealers and explain the situation to them. I would especially ask the dealer you bought the car from if you plan on trading the car in to them after you decide to get another one.

 

This is very interesting and helpful. Please keep us updated and good luck (Sorry about your Accord though)

 

So I talked to my father in law last night. He said he couldn't really give a concrete answer because he is not a Honda dealer. He said that the loss of value is also going to depend on when you trade the car in as well as how the claim is filed. Say you went to trade the car in after only a few weeks or months after the repairs, that is where you will be hit the hardest. But if you put 50k or 60k more miles on it before trading it in, it might not affect the value as much.
To me that is irrelavent. You need to make the other insurance company think you may trade the thing in a week from now, so the value will be greatly reduced. I think your best bet is to ask one or two Honda dealers about the situation. They should be able to give you a good estimate for a DOV claim. Especially the dealer you bought the car from.

 

I already talked to the Honda dealership because I do plan on trading it in when I get it back. I don't want to deal with any problems I might have after it is repaired. My salesguy said they would sell it at auction because they won't be able to sell it as a "certified" used Honda. He is going to have his appraiser check to see what an equivalent is going for at auction so I can get a better idea of how much to try to get. They'll also appraise it for me after it is repaired so they can give me a more concrete number. I'm not going to settle on anything with the insurance company until I know in writing what I'll be able to trade it in for.