QuestionHi. I'm writing from Ohio. I financed a brand new car for $20K in mid-May, and today it was hit pretty badly while parked on the street, spinning it over ninety degrees, off of the street, and onto a lawn. The entire driver's side is caved in, and the rear tire is now at a very unnatural angle.
We were able to drive it off of the lawn, but not much further.
Thankfully, nobody was hurt.
I'm very close to the driver who hit it, there were plenty of witnesses, and nobody is disputing fault. Both of our insurance companies were notified, and I expect to spend much of my Monday dealing with them.
The car was in mint condition when it was hit, with only 3,003 miles.
I'm supposed to drive over three thousand miles beginning Wednesday to attend graduate school. Obviously, the accident has made that impossible. I have to be out of my current apartment on Wednesday, and claim my new apartment by Sunday.
I have multiple questions.
1. Is there any way I can receive a new car? I'm fairly certain the car is not totaled, but I know it will never be the same, to me or a prospective buyer when the time comes to sell it. Also, the time required to repair it will disrupt my life in myriad ways, from my current housing, the potential loss of my future housing, the delay of my relocation, etc. Basically, I need to have a vehicle to drive 3000 miles in, and I need it by Wednesday morning, or my universe is screwed.
2. If a new car is not possible, do I have the right to receive monies for the imminent decrease in value of my car? I have to tell any buyer or dealer this happened. With the wheel/axle damage, I fear that I will often say to future passengers, "Oh, it's done that since the accident." Such a shame on a brand new car.
3. Am I entitled to any compensation for the insane amount of stress this is causing me? My relocation plans are now worthless, and I'm going to have to scramble to make things work somehow...I'm already unable to sleep in my empty home tonight, wondering what the heck I'm supposed to do, angry about my car, worried about my future.
4. Is it possible for any of the above to happen without severely affecting the relative who hit my car? I don't want to sue, or ruin his life, it truly was an accident...but at the same time, I need to protect and care for myself.
5. Do I need a lawyer? Will my insurance company look out for my best interests and act as my advocate against his? And is it likely my rates will go up because of this, even though the car was parked and I was inside a house? (I'm an excellent driver, no moving violations in over seven years; I was in my first-ever accident in November of 2006, but wasn't penalized due to my pristine record and longtime coverage with my insurer...in fact, my renewal premium went down both in January and July. However, this makes two accidents in less than nine months.)
Thanks in advance for your advice.
J.
AnswerHi Jay,
Unless the cost to repair exceeds 75% of the vehicles value it will not be totalled. The at fault persons insurance company should immediately provide you with a rental vehicle so that you can get to grad school. You should also inform them of your circumstances and inform them that the rental will be one way and that you will expect them to to either deliver the vehicle to you after repairs at their expense, or at least buy you a one way plane ticket as well as gas and other expenses to drive your car back. You should get a written acknowledgement from them that they will pay these expenses know or they may conveniently forget later. In addition, you will also be entitled to be paid for the loss of market value known as diminished value. For more information on DV check out www.collisionclaims.com .
Since the accident was not your fault, there should be no affect on your policy or premiums.
I hope this helps
Richard Hixenbaugh
