Auto Insurance Claims: new car hit, gmc acadia, diminished value

Question
I had my 2 week old new GMC Acadia legally parked in a neighborhood that is a 25 mph zone.  It was 9:30 am Sunday.  I was in my house watching tv when I heard a crash.  There was a Honda van in the back of my truck.  I have it at a body shop and the estimate is not complete.  It is already up to $17,600.  I paid $38K for it.  I found out from the dealership if I wanted to sell it after it's fixed I could only sell it for $18k b/c I would have to disclose the damage.  There are about $1000 in fees and I have a rental at $48/day.  I have had the rental for a week and am not sure how long it will take to fix the truck.  Is it likely I could get it to be totaled?  The lady that hit me's insurance company is AAA.  I am in San Diego.  I am thinking I will get a lawyer.  Thank you for all your help!

Answer
Hi Jenny,
In my opinion, unless the cost of repairs exceeds $25,000-$28,000
there is a slim chance that the vehicle will be totaled.

I also feel that the dealer is exaggerating by placing the value of your vehicle at $18,000 after it is repaired.  California law does NOT require you to disclose prior damage when selling or trading-in the truck although any interested party can run the Vehicle Identification Number through carfax.com and learn of the previous damage.

There is no question that this accident will reduce the value of your vehicle.  Therefore, you are entitled to collect a separate settlement from AAA for 'diminished value'.

You will need to hire a specialist (at your cost) to inspect the vehicle and determine the true amount of diminished value (This usually costs about $300).  You should be able to find a local expert or you can go to:
www.collisionclaims.com      for assistance.

Frankly, I don't see a need for an attorney.  You should be able to reach an amicable settlement agreement with AAA based on the experts determination of the vehicles diminished value.

I hope that you find this information to be of help.  Please write again if you feel that I can be of more assistance.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area