QuestionHave a few questions for you.
Background - I live in Maryland and was in NY on vacation when rear-ended. The other driver was at fault, but not issued a ticket by the police. Not sure why. Her insurance is paying car damages but when I asked about diminished value, they said they don't pay that. I was injured, probably just soft tissue damage to neck and thoracic spine. Doctor ordered x-rays and an MRI, both negative, and gave me a soft neck brace and flexeril. Due to injury I missed a week of work and used my leave. I will probably need physical therapy. My insurance, State Farm, is paying the medical bills.
My questions - The car, a 2010 Mini Cooper S Convertible is only 5 months old, with 4000 miles. I'm sure being in an accident makes it less worth, but not sure how much? A percentage, like 5-10% or some set amount? Should I have the car appraised before having it repaired? If so, how much will that cost me? I'm not only concerned with collecting the diminished value but also for injuries. Do I need a lawyer in NY to file papers in court to go after the other driver or her insurance?
Thanks in advance!
Mike
AnswerHi Michael,
For our injuries I would suggest a website called www.collisionwizard.com . It was created by the better business bureau video series in cooperation with some personal injury attornies. It will help you keep track of all of your treatment, diagnosis and medical costs. It has a calculator to help determine the high and low value of your injury claim. It will even help you to develope a demand package when you are ready to present your claim.
Your vehicle will have a diminished value due to the collision. The determination of diminishied value is not done until the repairs are completed so the totality of the damage is known. Then the diminished value is determined based on the extent of the damage as well as the age and type of vehicle. You will need to hire a professional diminished value appraiser to inspect your car after the repairs are completed and prepare an appraisal report that will become your proof of loss to submit to the insurance company. This will generally cost between $300 to $400. You are entitled to payment for diminished value in all 50 states. The insurance company was just trying to get rid of you by saying they don't pay for that. To learn more about diminished value visit www.collisionclaims.com .
The primary rule in this whole process is don't believe anything the claims adjuster tells you in this process. He/she works for the insurance company and their first priority is to save the insurance company money.
I hope this helps
Richard Hixenbaugh
