Restitution/Diminished Value Report

Astheros

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My insurance jumped on it almost immediately but I had it transferred to his (State Farm) but when they told me they wouldn't be able to get it into a shop until November, I had them transfer it back. Now my preferred shop is telling me they may have to total it, they have some certification from Jeep and if Jeep doesn't have a "certified" repair process, they won't do it. Now I wait to see what Oregon Mutual (my insurance) comes up with. It's starting to look like I'm at the mercy of the restitution coordinator and how/when I would even see that $$.

I'll check out Billy, see if he's licensed in ID, thanks.
even if you go with State Farm, you have the right to take the vehicle to a repair shop of YOUR choice. dont ever trust what an insurance company tells you (especially if they are not your insurer). SF constantly tells our customers they cannot get someone to see their car within the month, we tell our customers to drop off the car at our shop and magically then someone shows up within 6 business days to inspect as required by NYS law.

if they total your car.... there is no dimished value to be claimed since your insurer will pay you full ACV for your car. and make sure you look up your state laws regarding your rights in total loss cases. uneducated customers get lowballed with their vehicle valuations.

any pics of the damage to the car? i am assuming it is structural for your repair shop to be talking about repair procedures. technically if there is no repair procedure for the particular damage your car has then yes SOME shops will total it bc they do not want to be hold liable for repairs they "made up" no matter how well those repairs were done. the fact that they "invented" a repair method can make you lose a court case in case of an accident or the like.

google "john eagle case texas" to get an idea of what i mean. though in this case, the shop chose to fix a car in a different manner than the one prescribed by the manufacturer.

 

Chris2183

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Let your insurance company handle it. They know all the moves.
Best advice in this thread.

Many insurance companies have exclusions for intentional acts and will not pay for damages when caused on purpose.

Going through his own carrier gets his vehicle fixed or replaced and they will handle getting reimbursed.
 
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LKG

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even if you go with State Farm, you have the right to take the vehicle to a repair shop of YOUR choice. dont ever trust what an insurance company tells you (especially if they are not your insurer). SF constantly tells our customers they cannot get someone to see their car within the month, we tell our customers to drop off the car at our shop and magically then someone shows up within 6 business days to inspect as required by NYS law.

if they total your car.... there is no dimished value to be claimed since your insurer will pay you full ACV for your car. and make sure you look up your state laws regarding your rights in total loss cases. uneducated customers get lowballed with their vehicle valuations.

any pics of the damage to the car? i am assuming it is structural for your repair shop to be talking about repair procedures. technically if there is no repair procedure for the particular damage your car has then yes SOME shops will total it bc they do not want to be hold liable for repairs they "made up" no matter how well those repairs were done. the fact that they "invented" a repair method can make you lose a court case in case of an accident or the like.

google "john eagle case texas" to get an idea of what i mean. though in this case, the shop chose to fix a car in a different manner than the one prescribed by the manufacturer.
Yes, I picked the shop at thte dealer I bought it from, they didn't squak. The issue was just a backlog of work which doesn't explain the exttra 2 months though.

If they do total it, at least comparables are high right now. I have that going for me.

The damage really doesn't look that bad, the shop said it was the damage to the tub that Jeep doesn't have the certified fix for. Which makes sense, I don't like it but it makes sense. Especially since they are paying for the rental, I did keep that with his insurance, advice from my agent.

I have a good friend that manages an insurance co. I'll be running numbers by her when I finally get numbers.

Thanks again for all of your insight, I really apreciate it.
 
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LKG

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Best advice in this thread.

Many insurance companies have exclusions for intentional acts and will not pay for damages.

Going through his own carrier gets his vehicle fixed or replaced and they will handle getting reimbursed.
Yes, my agent was suprised his insurance acceped responsibility. I'm guessing they'll be putting a lien on his home if they haven't alreadyy.
 

Old Dogger

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In Arizona, it is about 20% of the current value. Your Dealer Sales Department can help you out with a accurate number. The Insurance companies don't like to pay it. Sometimes it takes a letter from a Attorney, to get their attention. Now, the laws in your state maybe different.
 


Chris2183

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Yes, my agent was suprised his insurance acceped responsibility. I'm guessing they'll be putting a lien on his home if they haven't alreadyy.
It's hard to say what they will do regarding their insured, but it is awesome that they are accepting liability.
 

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Your insurance company does not care about diminished value. Neither does his.

Unless you live in one of the few no-fault states that are left, it will be HIS insurance company that is paying to repair your trucks. In that case EVERYTHING is negotiable.

You don't need some kind of diminished value report to negotiate for it. Its all an estimate anyway. I can tell you that when my 2 year old Audi was hit by someone, I was able to get an extra $8000 from the other insurance company in diminished value.
 
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LKG

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Your insurance company does not care about diminished value. Neither does his.

Unless you live in one of the few no-fault states that are left, it will be HIS insurance company that is paying to repair your trucks. In that case EVERYTHING is negotiable.

You don't need some kind of diminished value report to negotiate for it. Its all an estimate anyway. I can tell you that when my 2 year old Audi was hit by someone, I was able to get an extra $8000 from the other insurance company in diminished value.
Well I did a quick search, no ID on that list. Now I guess I just wait and see if another shop will fix it or they total it out. This really sucks...
 

DogsRule

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So you could get 940 payments from a judgement for 100% of diminished value from a guy worth $0. And driving a poorly repaired Wrangler while you make 7 years of payments and hating yourself each time you get in.

I hope they total your Wrangler. Get a new one and be done with it.
If it gets fixed, trade it in. Get a new Wrangler and be done with it.

Sorry. Cost of doing business. Get this cleanly behind you or it'll be another billion words of controversy. IMHO.
 

zrickety

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Long shot here but does any out there have any experience with someone purposefully damaging their vehicle and the restitution process? I fired an employee a month and a half ago and he came back a couple days later dunk out of his mind and smashed into two of our rigs with his old Chevy pickup. Mine was the JLU that I had ordered in January, she was only four months old. The police and the prosecutor told us we'd both be entitled to restitution but we still haven't been in touch with the restitution coordinator and I'm getting impatient, this process has been slow to say the least.

My other question, does anyone have experience with a Diminished Value Report? Do I need to pay for one of those for the restitution process? If, an I say if because I still don't know if it will be totaled, my Jeep is repaired, it will obviously be worth less and I really think I need to be compensated. Of course the restitution police should be able to answer all of this but like I said, I'm losing patience and the curiosity is killin me.

Thanks in advance for any advice. Oh and the heat finally broke last week, I should be driving around with my damn top off.
This may or may not be comparable, but we had a tenant owe us money for damages after a court battle, ruled in our favor...still never received a dime.
 


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One word of advice…….Lawyer…
 
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LKG

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This may or may not be comparable, but we had a tenant owe us money for damages after a court battle, ruled in our favor...still never received a dime.
That's what I'm afraid of. At this point I'm not going to count on it for sure. Thanks for chiming in.
 

LLRubylady

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Goodness so sorry that happened to you.
 
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LKG

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One word of advice…….Lawyer…
I agree but as a last resort, I just hope it doesn't come to that. The shit part, the other guy he hit had an older pickup, they totaled it, sent him a check (more than it was worth) and he's already in a newer rig. He came out smelling like a rose, my situation smells more like sewer gas.
 
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LKG

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Goodness so sorry that happened to you.
On the bright side, he didn't shoot anyone. I have to keep reminding myself of that. It's a little uncomfortable knowing there's someone with enough hatred towards you to do that. Here I thought I was a pretty decent boss. The extra shitty part, this is the first time I've really spoiled myself. I've always driven older rigs, spent that money on family vacations, club sports, dance, etc. I'm not complaining I always just made that stuff the priority. I guess I'm just not supposed to have nice things, haha. I just want to get my damn Jeep back. 😢 Sorry, I needed to vent, maybe feel sorry for myself.

 

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