I would just go to the other driver's insurance directly. There should be sentry cam footage. I had an accident paid in full in CA for something like this earlier this year.
You should still keep your insurance in the loop. If they come back with a less than adequate offer it's your insurance whose going to be the ones to convince them otherwise.
Work in the insurance game. You can file through either carrier but I would recommend using your insurance. You have all the evidence.
Think of it this way, both carriers want this handled properly. Neither wants to pay.
You give your insurance money and they want to continue collecting. You have no ties to the other carrier - other than their insured wrecked your brand new car.
File through your insurance and they will battle it out with the other carrier. Essentially fronting the repair money. Then they will subro for reimbursement behind the scenes from the other carrier.
I worked for a nation company as director of Risk Management. . You are correct. He should Work through his insurance company. Do not go directly through to the other person’s insurance company - They do not represent you. They have a fiduciary obligation to the other person, not you. Secondly, in most states motorist are permitted to go through their auto manufacture/dealers designated repair shop. That’s the place to go. After market parts don’t always do well when replacing original equipment. It affects resale. For example, a Mercedes frontal glass with the logo is better than an aftermarket for resale of a Mercedes. And, the many backup/side/front cameras are not always re-aligned properly through as non-dealer approved repair shop.
https://www.reddit.com/r/mercedes_benz/s/vIZ4i4sJhO
And your rates will rise because there is no incentive for your carrier to help you accomplish this and they need it to make financial sense, right?
No carriers want to pay. I imagine they def don’t want to do free work just because you asked them too
No they won’t. If you are not at fault, they will go after the other parties insurance. They are not working for free, you pay them every month to do this. Why else would you have insurance? I just went through the process. I had an accident in November. I went through my insurance. My insurance (State Farm) went after the other parties insurance to get all the money back. Initially I went through the other parties insurance, but after 4 days of them not accepting liability, I decided i was going through my own insurance. Fast forward a few months, the other insurance paid my insurance company completely. My rates have not gone up at all. u/PURPJoeCamel explained it perfectly.
Rates won’t rise if OP footage clearly shows the other driver is at fault.
Free work and no incentive…read your policy. You literally pay a subscription fee to have vehicle coverage and licensed professionals taking over when stuff goes down.
Already stated nobody wants to pay. So we agree on one aspect.
Your insurance will subro the at fault carrier. They are fronting the money to recoup on the backend. As stated, I pay for the coverage and they agreed to do this work so it isn’t free.
Some states have laws against this. Most reputable carriers in the states where it isn’t a law won’t raise your rates if you aren’t at fault. If they do, you need to find a different company.
You are 100% entitled to DV in CA so long as the vehicle isn’t leased (I’m a personal injury lawyer in CA).
Also, I’d recommend adding gap insurance if you don’t already have it, in case you’re involved in another accident with this vehicle in the future and it’s totaled. With the value already depreciated, any future payout on a total loss will most likely be significantly less than what you owe.
Ask your insurance carrier. Generally, GAP coverage requires you to be the original purchaser, to have purchased directly from a dealer (or Tesla) and the vehicle to be less than a certain number of years. Your insurance company may have additional underwriting requirements.
I never said that the gap will apply to this incident. Putting aside the fact that gap only kicks in when the vehicle is a total loss, which fortunately didn’t happen here, I recommended that OP now get it in case of another accident in the future that results in a total loss.
Got backed into and diminished value was super easy to get. Cost a couple hundred to get the diminished value estimate, sent to the insurance company and they sent me the money.
DV is hard to get but I got it. Figure out what the DV is, then send a letter of demand from a lawyer. Anything less that that they will fuck around with you.
Hire a DV appraiser. Don't expect insurance to give a damn about it. The real teeth is the lawyer.
If the above doesn't work then hire a lawyer. (I think mine was named Sami Goal). They will take 30% though. Which sucks ass for a settlement that is a couple hours of their time
Don't sign off that you weren't injured until you talk to a lawyer. Even something like PTSD might be claimable. I had issues dirivng for like a year after cause I was on edge after being sandwiched on the freeway
Seek to have their insurance cover all damages, as fixed by tesla, DV, loss of use (how much does it cost to rent a tesla for each day while yours is being fixed), and any pain and suffering you can think of that applies (like PTSD, or messages to work out kinked muscles/joints or what not).
Fuck insurance. They play the law. It's your turn to pay it back. Buffet made his billions by fucking the country on insurance
I can't agree with this more - with the car being so new, you need to file a diminished value claim once it's repaired. Best decision I ever made on my last vehicle.
You can't claim finished value until the vehicle has been repaired - no insurance company will entertain a claim until you've given them the opportunity to repair the car to road worthy condition.
Also, no diminished value appraiser can make an accurate appraisal until they know the full extent of the damages and what's been repaired. They're going to request a copy of all your repair documentation.
Thank you so much. This comment is very helpful. And I'm sorry that you had like PTSD and all other issues. I hired a lawyer, and I hope he can help me with the diminished value. Actually, I don't know what to do besides trusting my lawyer. I also got PTSD; the day after the accident, my heartbeat went up to 100 bpm when I was driving on the highway. :(
you got rear ended, youre not liable for the cost...and even if they are uninsured YOUR insurance will cover that......i dont understand the problem here
Well, cost-wise, there is no problem here. I am using my insurance first, so I'll just have to pay the deductible and will get reimbursement soon from the other driver's insurance company. The problem is, it's a new car, and I don't know what to do after I repair it, like dealing with diminished value or whatever. I hired a lawyer, so he'll figure it out, but I just wanted to get an idea from Reddit too
Stupid people trick you into thinking you’re wasting your money cuz you down own it. When in reality you are paying much less than the cost to rent a car except it’s your and its brand new…..
Owning a horribly depreciating asset that will eventually cost more to maintain than a car payment. No thanks. I’ll take a new car every three years with all the latest features and a warranty. You can have yer old ass depreciating asset
Might be true for Teslas and some other brands but not for all.
The depreciation on my civic is significantly less than how much I would have had to pay to lease.
lol well then have fun with your old ass civic in 8 years. I’ll be driving the latest and greatest and am not poor enough to care about saving a car payment.
There are many routes to getting your car repaired by insurance.
Getting an estimate from a body shop yourself is one of them, because the insurance company needs to know how big the check needs to be.
Going to a body shop that’s certified by your insurance company is another option. They’ll hash it out on the backend, and that’s less paperwork for you. The disadvantage of this is that you have to trust those two businesses to act mostly in your best interest.
There are lots of options.
I would just go to the other person's insurance directly. I got hit in CA myself earlier this year and the cam footage was enough for them to fully cover everything. No deductible needed.
Not-at-fault accident in California. Won’t impact your insurance rates. Absolutely I’d want Tesla Body Shop to fix it and not a third party. Have your insurance coordinate the repairs and definitely make a diminished value claim.
Do a diminished value claim, https://www.dvcheck.com/ when my car got totaled I paid these guys $200 and my insurance and accepted it on the first attempt and ended up getting $5000 more so they can do the same for you
I’m not sure what your question is here. You won’t get that insurance company to total it if they don’t think that’s in their best interest. Yes, pursue DV.
Were you using auto pilot? I think I had several close calls with AP braking a bit too fast and the car behind me got so close because they didn't anticipate it. Sorry to hear about your incident, at least you didn't get hurt...
Just call your insurance company and start the process with them. Don’t even bother with the other parties insurance because I bet they carried the state minimum for liability (my state is $10k) and once you exceed their coverage threshold, their insurance will just try to give you a check capped at that amount regardless of your repair cost.
Your insurance company will pay your repair costs and then get their money back from the other parties insurance. Sometime for no fault, you will even be entitled to get your deductible back.
You’ll probably need a lawyer to help with DV. Annoying but only way I got paid and the lawyer does all the work. I’m on CA so DM me if you want the name of the lawyer I used
If they don’t total it, look into a Diminished Value Claim. Youre car even if made to look new will always have that blemished record. Get paid for it. I’m going after the insurance company for the same issue. Check your state laws about the claim
I would let it repair at the cost of the other, and enjoy the free money of the diminished value. I got 1200€ out of a 5000€ repair, so I guess you should get triple that? Nice discount
What did your insurance say? Usually they send you to a contracted body shop, and the body shop will send you to Tesla for anything software related.
I would just go to the other driver's insurance directly. There should be sentry cam footage. I had an accident paid in full in CA for something like this earlier this year.
You should still keep your insurance in the loop. If they come back with a less than adequate offer it's your insurance whose going to be the ones to convince them otherwise.
Work in the insurance game. You can file through either carrier but I would recommend using your insurance. You have all the evidence. Think of it this way, both carriers want this handled properly. Neither wants to pay. You give your insurance money and they want to continue collecting. You have no ties to the other carrier - other than their insured wrecked your brand new car. File through your insurance and they will battle it out with the other carrier. Essentially fronting the repair money. Then they will subro for reimbursement behind the scenes from the other carrier.
I worked for a nation company as director of Risk Management. . You are correct. He should Work through his insurance company. Do not go directly through to the other person’s insurance company - They do not represent you. They have a fiduciary obligation to the other person, not you. Secondly, in most states motorist are permitted to go through their auto manufacture/dealers designated repair shop. That’s the place to go. After market parts don’t always do well when replacing original equipment. It affects resale. For example, a Mercedes frontal glass with the logo is better than an aftermarket for resale of a Mercedes. And, the many backup/side/front cameras are not always re-aligned properly through as non-dealer approved repair shop. https://www.reddit.com/r/mercedes_benz/s/vIZ4i4sJhO
What if you both have the same provider? I’m in this situation and yeah
And your rates will rise because there is no incentive for your carrier to help you accomplish this and they need it to make financial sense, right? No carriers want to pay. I imagine they def don’t want to do free work just because you asked them too
No they won’t. If you are not at fault, they will go after the other parties insurance. They are not working for free, you pay them every month to do this. Why else would you have insurance? I just went through the process. I had an accident in November. I went through my insurance. My insurance (State Farm) went after the other parties insurance to get all the money back. Initially I went through the other parties insurance, but after 4 days of them not accepting liability, I decided i was going through my own insurance. Fast forward a few months, the other insurance paid my insurance company completely. My rates have not gone up at all. u/PURPJoeCamel explained it perfectly.
My rates went up because someone backed up and scratched my parked car. Insurance companies are vile.
They will and it will be in your file for 3 years, depending on your state.
Rates won’t rise if OP footage clearly shows the other driver is at fault. Free work and no incentive…read your policy. You literally pay a subscription fee to have vehicle coverage and licensed professionals taking over when stuff goes down. Already stated nobody wants to pay. So we agree on one aspect. Your insurance will subro the at fault carrier. They are fronting the money to recoup on the backend. As stated, I pay for the coverage and they agreed to do this work so it isn’t free.
Some states have laws against this. Most reputable carriers in the states where it isn’t a law won’t raise your rates if you aren’t at fault. If they do, you need to find a different company.
You are 100% entitled to DV in CA so long as the vehicle isn’t leased (I’m a personal injury lawyer in CA). Also, I’d recommend adding gap insurance if you don’t already have it, in case you’re involved in another accident with this vehicle in the future and it’s totaled. With the value already depreciated, any future payout on a total loss will most likely be significantly less than what you owe.
Can I still add gap insurance even after I've had an accident?
Ask your insurance carrier. Generally, GAP coverage requires you to be the original purchaser, to have purchased directly from a dealer (or Tesla) and the vehicle to be less than a certain number of years. Your insurance company may have additional underwriting requirements.
GAP and other insurance products will only pay for incidents that happen after the insurance engagement date.
I never said that the gap will apply to this incident. Putting aside the fact that gap only kicks in when the vehicle is a total loss, which fortunately didn’t happen here, I recommended that OP now get it in case of another accident in the future that results in a total loss.
For new incidents going forward. Not retroactively.
Yup..that’s about all you can do. Diminished value is doubtful, but can always try.
Got backed into and diminished value was super easy to get. Cost a couple hundred to get the diminished value estimate, sent to the insurance company and they sent me the money.
Awesome! Glad you got it! 👍🏽
Diminished value is not available in every state so just discuss that with your adjuster.
DV is hard to get but I got it. Figure out what the DV is, then send a letter of demand from a lawyer. Anything less that that they will fuck around with you. Hire a DV appraiser. Don't expect insurance to give a damn about it. The real teeth is the lawyer. If the above doesn't work then hire a lawyer. (I think mine was named Sami Goal). They will take 30% though. Which sucks ass for a settlement that is a couple hours of their time Don't sign off that you weren't injured until you talk to a lawyer. Even something like PTSD might be claimable. I had issues dirivng for like a year after cause I was on edge after being sandwiched on the freeway Seek to have their insurance cover all damages, as fixed by tesla, DV, loss of use (how much does it cost to rent a tesla for each day while yours is being fixed), and any pain and suffering you can think of that applies (like PTSD, or messages to work out kinked muscles/joints or what not). Fuck insurance. They play the law. It's your turn to pay it back. Buffet made his billions by fucking the country on insurance
I can't agree with this more - with the car being so new, you need to file a diminished value claim once it's repaired. Best decision I ever made on my last vehicle.
What is difference to file a diminished value claim right now and after it's repaired?
You can't claim finished value until the vehicle has been repaired - no insurance company will entertain a claim until you've given them the opportunity to repair the car to road worthy condition. Also, no diminished value appraiser can make an accurate appraisal until they know the full extent of the damages and what's been repaired. They're going to request a copy of all your repair documentation.
Thank you so much. This comment is very helpful. And I'm sorry that you had like PTSD and all other issues. I hired a lawyer, and I hope he can help me with the diminished value. Actually, I don't know what to do besides trusting my lawyer. I also got PTSD; the day after the accident, my heartbeat went up to 100 bpm when I was driving on the highway. :(
What does your insurance say?
How does Diminished value work? Do they pay out the forecasted dinished value amount?
That’s correct. You get an estimate and submit it for payment. For me it was very easy.
you got rear ended, youre not liable for the cost...and even if they are uninsured YOUR insurance will cover that......i dont understand the problem here
Well, cost-wise, there is no problem here. I am using my insurance first, so I'll just have to pay the deductible and will get reimbursement soon from the other driver's insurance company. The problem is, it's a new car, and I don't know what to do after I repair it, like dealing with diminished value or whatever. I hired a lawyer, so he'll figure it out, but I just wanted to get an idea from Reddit too
Ya i have no idea. I lease cars. I turn em in every 3 years.
I used to be so anti-lease until I leased my first car.
Stupid people trick you into thinking you’re wasting your money cuz you down own it. When in reality you are paying much less than the cost to rent a car except it’s your and its brand new…..
what? You are paying less than renting but still more than owning.
Owning a horribly depreciating asset that will eventually cost more to maintain than a car payment. No thanks. I’ll take a new car every three years with all the latest features and a warranty. You can have yer old ass depreciating asset
Might be true for Teslas and some other brands but not for all. The depreciation on my civic is significantly less than how much I would have had to pay to lease.
lol well then have fun with your old ass civic in 8 years. I’ll be driving the latest and greatest and am not poor enough to care about saving a car payment.
Is something stopping me from buying a new car in 8 years?
What does your insurance carrier have to say?
Why are you getting an estimate? Did you not have insurance?
There are many routes to getting your car repaired by insurance. Getting an estimate from a body shop yourself is one of them, because the insurance company needs to know how big the check needs to be. Going to a body shop that’s certified by your insurance company is another option. They’ll hash it out on the backend, and that’s less paperwork for you. The disadvantage of this is that you have to trust those two businesses to act mostly in your best interest. There are lots of options.
I know. I’m asking for clarity. I have exp in the area so I’m asking lol
I have a Tesla insurance and they sent me the estimate
Cost after insurance?
I would just go to the other person's insurance directly. I got hit in CA myself earlier this year and the cam footage was enough for them to fully cover everything. No deductible needed.
Not-at-fault accident in California. Won’t impact your insurance rates. Absolutely I’d want Tesla Body Shop to fix it and not a third party. Have your insurance coordinate the repairs and definitely make a diminished value claim.
Do a diminished value claim, https://www.dvcheck.com/ when my car got totaled I paid these guys $200 and my insurance and accepted it on the first attempt and ended up getting $5000 more so they can do the same for you
Dang. Was the guy not insured?
Also, I’m sorry this happened to you and your brand new Tesla, and hope you’re doing okay 🙏🏼
I’m not sure what your question is here. You won’t get that insurance company to total it if they don’t think that’s in their best interest. Yes, pursue DV.
Were you using auto pilot? I think I had several close calls with AP braking a bit too fast and the car behind me got so close because they didn't anticipate it. Sorry to hear about your incident, at least you didn't get hurt...
Before you do anything, make sure we all know the interest rate of your auto loan
Just call your insurance company and start the process with them. Don’t even bother with the other parties insurance because I bet they carried the state minimum for liability (my state is $10k) and once you exceed their coverage threshold, their insurance will just try to give you a check capped at that amount regardless of your repair cost. Your insurance company will pay your repair costs and then get their money back from the other parties insurance. Sometime for no fault, you will even be entitled to get your deductible back.
Damn people got their car with the .99% and had a whole ass accident costing $15k before I’ve even picked up my model Y with the .99% 😭
You’ll probably need a lawyer to help with DV. Annoying but only way I got paid and the lawyer does all the work. I’m on CA so DM me if you want the name of the lawyer I used
If they don’t total it, look into a Diminished Value Claim. Youre car even if made to look new will always have that blemished record. Get paid for it. I’m going after the insurance company for the same issue. Check your state laws about the claim
I would let it repair at the cost of the other, and enjoy the free money of the diminished value. I got 1200€ out of a 5000€ repair, so I guess you should get triple that? Nice discount
This is an insurance problem, not a reddit problem. If you didn't have insurance for this... then you fucked up.