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"Minor" Collision but Frame is Damaged

Discussion in '2.5 Gen Tundras (2014-2021)' started by alyosha01, Nov 22, 2018.

  1. Nov 25, 2018 at 1:17 PM
    #31
    wyone

    wyone New Member

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    So question.. can the diminished value be added to the repair costs? If so that would change the number you would be looking at for replacement
    Just an idea

     
  2. Nov 25, 2018 at 3:38 PM
    #32
    LT75

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    $400 fee to appraise a truck? Really? Go to a dealership, give the guy a $20 and ask for a appraisal with no accident and then another with accident. I’m fighting the same thing now. Mine was minor, just cosmetic bumper damage that was $2200. They offered $800 diminished value. Still fighting them.
     
  3. Nov 25, 2018 at 7:21 PM
    #33
    alyosha01

    alyosha01 [OP] New Member

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    Good point. I need to get an estimate of the diminished value claim asap. It will definitely be part of the ecuation for the insurer. I just need to make sure that they understand since the beginning that I will not settle with a $500 check.
     
  4. Nov 25, 2018 at 7:24 PM
    #34
    alyosha01

    alyosha01 [OP] New Member

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    I will contact my dealership to get their take on this.
     
  5. Nov 26, 2018 at 6:33 AM
    #35
    4sallypat

    4sallypat New Member

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    No, the diminished value is separate from the accident.
    First you get the truck repaired by the other party then you go after them with a diminished value claim.
    It's a separate issue like medical claims vs car repair.
     
  6. Jan 21, 2021 at 7:35 AM
    #36
    a_double

    a_double New Member

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    Is this a legit way to argue diminished value? I'm in the same boat as the OP. My truck is less than 1 year old with 7500 miles. I went on the Carvana website and toggled the fact the my truck was in an accident with the repair cost equal to the repair initial estimate.

    The difference in what they were offering for my truck is almost $15k!!

    Please help. This is unjust!!
     
  7. Jan 21, 2021 at 7:39 AM
    #37
    LT75

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    There is another thread on here with information about this if I remember. Best way to go about it with a difference like you have is to get an attorney.
     
    a_double[QUOTED] likes this.
  8. Jan 21, 2021 at 7:57 AM
    #38
    glowblue

    glowblue From time to time

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    There are attorneys that handle diminished value claims with insurance companies. Might be worth a consultation... can search Google to find one.
     
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  9. Jan 21, 2021 at 8:18 AM
    #39
    LT75

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    Usually it’s about 20% loss on trade for an accident. How much damage is on your truck?
     
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  10. Jan 21, 2021 at 8:28 AM
    #40
    a_double

    a_double New Member

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    So far, replacing tow hitch, rear bumper (structural and body), damage to tailgate and left bed (likely bodywork). I haven't heard back on frame damage (yet).
     
    Last edited: Jan 21, 2021
  11. Jan 21, 2021 at 8:43 AM
    #41
    LT75

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    Definitely get an attorney. That’s a lot of money to lose for something that’s not your fault
     
    2mchfun and a_double[QUOTED] like this.
  12. Jan 21, 2021 at 8:57 AM
    #42
    a_double

    a_double New Member

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    Totally concur!! It sucks.
     
    2mchfun likes this.
  13. Jan 21, 2021 at 8:57 AM
    #43
    2mchfun

    2mchfun Cool story, but did your new TTV6 tow a shuttle?

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    If the hitch wasn't there other things would have been wasted. Trust me sheetmetal folds like paper with little force.
     
  14. Jan 21, 2021 at 9:11 AM
    #44
    a_double

    a_double New Member

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    It seems like blood sucking lawyers are only interested if an injury occurred.

    Edit: I shouldn't paint with a wide brush but that seems to be central to their interest. Whether or not I was injured.
     
  15. Jan 21, 2021 at 9:57 AM
    #45
    TundraLaw

    TundraLaw New Member

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    Loss of value is a claim you make against the other driver in most cases. 9/10 times your insurance company will not do that for you. If the other driver doesn't have insurance, then you might have a UIM claim against them. This is not legal advice btw lol.
     
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  16. Jan 21, 2021 at 9:57 AM
    #46
    TundraLaw

    TundraLaw New Member

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    That's nice of you to say.
     
  17. Jan 21, 2021 at 12:46 PM
    #47
    a_double

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  18. Jan 21, 2021 at 1:45 PM
    #48
    Mad Max

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    Use Autoloss for your appraisel. Attorneys useless they just want to settle as soon as possible. they all told me $3-5K, was offered $1200 from insurance. Took appraisel filed suite against person that hit me ($129) and 2 weeks later had an $8500 check. You are getting no where without an appraisel by a certified appraisel not some guy at dealership. insurance isnt budging until their client calls and says I am being sued. Then a new insurance company rep will contact you and settle. You can hope threaten, act tuff, if you want the max you will file small claims against person that hit after damages are repaired.

    dont waste your time getting competing bids from Carmax. Insurance will request jury by trial, then Judge will ask you to do mediation, then two days before you are supposed to do that insurance lawyer will call you and settle.

    Remember someone yells shark at beach you get out of water even though probably fake. you say wrecked car people move on. you car simply isnt worth what it was prior to the accident....
     
    Silver4x4trd likes this.
  19. Jan 21, 2021 at 3:32 PM
    #49
    Funnyguy713

    Funnyguy713 I can't get Jiggy with this Sh!t

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    Nothing to see here, just a little hammer time and a steel bumper (lucky).:thumbsup:
     
  20. Jan 27, 2021 at 11:18 PM
    #50
    alyosha01

    alyosha01 [OP] New Member

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    For what is worth, here is a brief recount of my experience. After the accident I tried to file a diminished-value claim in an amicable fashion (I was dealing with the insurance company of the person who rear-ended my truck). After spending $400 for the required professional appraisal and sending all the paperwork, the claim adjuster officer essentially told me to take a hike; he offered me 500 bucks. Bear in mind, my truck had 2,000 miles and 1 month of use when the accident happened, so the offer was quite ludicrous. At that point, I decided to hire an attorney and was even willing to spend my own money just for sake of fighting that d*ck. I talked to a couple of firms and ended up going with Morgan & Morgan (a big firm here in Florida). Most attorneys are only interested in personal injuries, so I got lucky.

    The whole process lasted over 2 years, and the insurance company played hardball all along and right until we were about to go to trial. Towards the end they decided to settle and paid around $5k (we sued for $8k). I received around 2/3's of that. I was quite satisfied with my attorney, and all things considered the outcome was okay. I must confess though that I was ready for some good action at the courtroom. I really loathe that insurance adjuster officer I got to deal with... what a bully.

    Anyways, my advice is get a good attorney early on (preferably from a large firm as they are more likely to have a diminished-value practice) and be patient because it takes forever.
     
    Silver4x4trd, Astom22 and a_double like this.
  21. Jan 27, 2021 at 11:36 PM
    #51
    831Tun

    831Tun heartless Bastrd

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    Wow! Sounds like the adjuster was trying to rear end ya a second time.:eek::mad:
     
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  22. Jan 27, 2021 at 11:37 PM
    #52
    a_double

    a_double New Member

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    Sounds like you had your documents to substantiate your claim. In FL, at that amount, was small claims court a possibility?
     
  23. Jan 27, 2021 at 11:55 PM
    #53
    alyosha01

    alyosha01 [OP] New Member

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    I couldn't tell you. We did go through mediation half the way. Since the other party was playing hardball, this only delayed everything like 6 months.
     
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  24. Jan 28, 2021 at 7:41 AM
    #54
    plumber802

    plumber802 New Member

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    Great question. I think I would have tried this route before getting an attorney. Someone else actually mentioned this earlier in this thread. Glad everything worked out for you OP.
     
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  25. Jan 28, 2021 at 9:04 AM
    #55
    2mchfun

    2mchfun Cool story, but did your new TTV6 tow a shuttle?

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    Yep, been there. Once the subpeona was served to the insured it was not long and I was paid my claim plus court filing fees. Picked up a check the same day they called. Less than two weeks for everything.
     
  26. Jan 28, 2021 at 1:07 PM
    #56
    Mad Max

    Mad Max New Member

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    Small claims in Texas I believe is $15K and it moves through the system very quickly. Attorneys I spoke to said there wasnt enough $$. Did me a favor I kept the whole $8500 bought a Rolex Submariner
     
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  27. Jan 28, 2021 at 1:22 PM
    #57
    a_double

    a_double New Member

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    I’m thinking if you have solid documentation showing diminution and the amount is appropriate for small claims court, that’s the way to go. No lawyers. What do you all think?
     
  28. Jan 28, 2021 at 5:05 PM
    #58
    Mad Max

    Mad Max New Member

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    Bingo, without a doubt if you are under the max limit for small claims there is not a better more efficient avenue. Only downside to small claims is you only get actual damages. No punitive. Like 4 times actual and 4 times pain and suffering.
     
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  29. Jan 28, 2021 at 7:29 PM
    #59
    Silver4x4trd

    Silver4x4trd New Member

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    I learn a lot for this tread. Any more good advice for me. Some kid ran a stop sign in front of me and I t-bone him two days ago, going 25 mph. D10F977E-6AEE-4CD5-BA62-AF53A723D231.jpg
     
  30. Jan 28, 2021 at 7:41 PM
    #60
    Silver4x4trd

    Silver4x4trd New Member

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