QuestionQUESTION: Hello, I have two questions.
My car was recently hit and along with the other damage to the body, the tire was damaged and needs to be replaced. Is it the responsibility of the insurance company to replace all 4 tires or to replace them as a set?
It seems like since its their responsibility to return the car back to its pre-accident condition (which would include having 4 equally balanced tires/proper alignment) that they should replace them all.
I bought the car new and have since put 30,000 miles on it ('07 Toyota RAV4). The total estimate came out to 2,700, should I file a diminished value claim and is it worth my time? I'm a dental student so time and money are hard to come by. The driver is insured by USAA.
Thank you so much for your help, it is appreciated.
Mike
Philadelphia, PA
ANSWER: Mike,
The liability carrier will resist paying to replace all four tires on your RAV4. In fact, by state regulation they can deduct what is known as betterment from the cost of the one tire that was damaged. Betterment means that by giving you a new tire for one that had some use on it prior to the accident, you have been put in a better position. This is their right. While this may not seem fair, the law is on their side.
As for the diminished value of your car, yes, you have the right to demand that the liability carrier compensate you for the loss of value associated with the damage your vehicle sustained. A 2007 Toyota will certainly suffer a loss of value and you do not have to sell your car in order to collect for the loss. Some companies doing business in PA are more cooperative than others with respect to DV claims, but they all have paid the claims and the vast majority of them settle out of court. I operate a auto claims service with a specialty in DV claims and would be happy to assist you in this matter. You may go to my site at www.AutoClaimsHelp.net for more information and how to contact me.
Charlie Barone
---------- FOLLOW-UP ----------
QUESTION: So I totally understand that its their right to deduct the cost of a new tire from a used tire, but then shouldn't it also make sense that they replace the other three tires so that the alignment and balance of the car is right but then just deduct the same cost for the other three tires? Do you know of anyway to get a more favorable response from the insurance company on this matter? Should I get an auto body shop to write a letter saying that the tires should be replaced as a set or else it will compromise the quality of vehicle handling? or is there a more effective way to get this done?
As for the diminished value claim should I just call up the insurance carrier and ask them to help me file a DV? It seems like I'd most likely find some resistance. Any more help is as always very much appreciated. I will also be looking into your web site.
Thanks again!
Mike
AnswerMike,
The liability carrier is adverse to your interest. As such, they can lie to you, mislead you and do whatever they can to dissuade you from filing the DV claim---without breaking any laws. Of course, you won't get much of this in writing from them, but verbally, they will say anything to help their interests. They have no legal duty to you whatsoever. Their only responsibility is to their policyholder and shareholders.
As for your tire problem, you have little or no chance of them paying to replace anything but the tire that their policyholder damaged. Even a letter from a tire manufacturer or an expert in tire performance would not help you to get them to pay for the other three tires. Your only hope is to take legal action against their policyholder, assuming they have admitted liability in the matter. With that you could take your chances in small claims court.
Charlie
