Rear ended today - tow hitch damaged

[Mojave2021]

FYI I asked my State Farm agent about compensation for diminished value and they said I’d have to work with the other driver’s insurance company. It’s not something they apparently normally ask for, saying they had no logical way to assess the amount (sounds like BS to me).

I assume that this is probably going to require some lawyer’s muscle to get these $s out of them.

I am feeling a bit of stiffness in my back and saw my chiropractor today and he noticed it in my left upper back as well. I think I had my left hand on the steering wheel when I was hit. The chiropractor said he has an attorney that can help me with my case for “free” but I’m sure he’s helping the chiropractor get more $s as well.

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[ShadowsPapa]

It’s not something they apparently normally ask for, saying they had no logical way to assess the amount (sounds like BS to me).

It's frankly a bigger deal here on these forums than any place else. No one can accurately state the amount it MAY be reduced.

No, they aren't blowing smoke -
It's a complex thing - very. Do some research and you'll find you can't simply ask for it and get it. It's a process, usually involves a lawyer and usually means weeks or months to go through the whole process.

A diminished value loss may or may not be covered, depending on a number of factors, including who was to blame for the accident; and because insurance is state regulated, it also depends on state legislation and state court rulings.
it is the policyholder’s responsibility to prove the repaired vehicle is worth less than before the accident.

You must prove it was devalued and by how much. So be ready.
You must show the pre-accident value and what it's worth after repairs.

 

[Escape.idiocracy]

i was in a similar situation....what i thought was a few suspension parts and some paint....turned into $32k lol

Lol was this posted in the insurance rate thread??? ???

Op- glad you seem to be ok for now.
Will be curious to see the outcome of the frame/straightness… ?.

 

[Mojave2021]

It's frankly a bigger deal here on these forums than any place else. No one can predict the amount it MAY, and I mean MAY, be reduced at some point in time in the future that no one can possibly predict.
No, they aren't blowing smoke - it's a huge deal here and yet you don't find it discussed in reality outside of the internet.
How can anyone possibly predict what it may or may not be reduced by. How can anyone say a prospective mythical future buyer will find any entries about repairs.
You'd be asking for an amount that can't be quantified. Maybe, might, could, who knows. When would you sell it? Will the buyer balk if they do some research and find that a shop actually DID report repairs?
It's something people insist on here, but in reality, it's not a big player.

I get what you’re saying and that’s largely what my agent said as well. Doesn’t hurt to ask I guess.

 

[ShadowsPapa]

I get what you’re saying and that’s largely what my agent said as well. Doesn’t hurt to ask I guess.

I checked an actual legal site - and they said you must prove pre-accident values and post-repair values. Be ready with details, and proof of your numbers.
It's a bigger deal here - likely because the more it's repeated, the bigger the life it takes on.
If the other guy's insurance doesn't handle it, then it's up to your insurance.
I went through multiple legal and insurance fights when my father was killed. The other party's insurance only covered up to xx amount - and that's all that could be claimed. Dad's company did an investigation they found the limits of the other insurance, etc. and wished us luck.
It's going to depend on your state, the rules and laws, court rulings, and how much coverage they have. You have to have insurance - but that doesn't mean you have to have big insurance. Basic liability is it, and the limits can be rather low.
Best we could get from the other guy was 26K - lawyer did an investigation, Dad's insurance company did an investigation and the limits were what they were. The kid had basic coverage as required by law, that was it.
So if you pursue that aspect - it might cost you as much in time and money and effort as what you might get..
Say you can PROVE it was worth 50K just before the accident and now it's worth 47K - does it matter that much to you that it's now worth 3K less than it was?
How do you prove in numbers that it's worth less? For every number you come up with their people will counter.
Heck, looking up the values of my own 2020 I came up with everything from 38K to 44K - even the dealers came up with different numbers.

 

[Rusty PW]

FYI I asked my State Farm agent about compensation for diminished value and they said I’d have to work with the other driver’s insurance company. It’s not something they apparently normally ask for, saying they had no logical way to assess the amount (sounds like BS to me).

I assume that this is probably going to require some lawyer’s muscle to get these $s out of them.

I am feeling a bit of stiffness in my back and saw my chiropractor today and he noticed it in my left upper back as well. I think I had my left hand on the steering wheel when I was hit. The chiropractor said he has an attorney that can help me with my case for “free” but I’m sure he’s helping the chiropractor get more $s as well.

When I got rear ended in my Power Wagon 3 months after I got it. I felt it 3 days later when my back stiffen up. Felt like I got kicked by a mule.

Sitting at a red light. Watched in my mirror a kid in a Ford Explorer hit me. I jumped out to go see what just happened. Looked at the kid holding his phone in his hand, yelling that his brakes failed. More like he was texting. None of the doors on the Explorer would open. He had to climb out the rear hatch. The Explorer was bent in the middle. It was totaled. I had $3K in damages. Rear bumper, tail gate, fender where the bumper hit it. State trooper said that he had to hit me between 45 to 50 mph. I told the trooper that he never slowed down. He insurance paid for everything. The bad part. I know his dad, and his grandmother was my neighbor. Neither one has spoken to me since.

 

[ShadowsPapa]

When I got rear ended in my Power Wagon 3 months after I got it. I felt it 3 days later when my back stiffen up. Felt like I got kicked by a mule.

Sitting at a red light. Watched in my mirror a kid in a Ford Explorer hit me. I jumped out to go see what just happened. Looked at the kid holding his phone in his hand, yelling that his brakes failed. More like he was texting. None of the doors on the Explorer would open. He had to climb out the rear hatch. The Explorer was bent in the middle. It was totaled. I had $3K in damages. Rear bumper, tail gate, fender where the bumper hit it. State trooper said that he had to hit me between 45 to 50 mph. I told the trooper that he never slowed down. He insurance paid for everything. The bad part. I know his dad, and his grandmother was my neighbor. Neither one has spoken to me since.

Crazy, isn't it? Had similar happen to me - I was sitting at a red light, there was a car behind me, and another guy in our HS was going a good clip, dropped his sunglasses and bent over to find them and ran into the car behind me, shoving it hard into my car.
I collected the insurance as did the car behind me - and that kid was pissed at me and none of "his group" would talk to me other than toss insults like it was my fault for being there.
He's the clown that wasn't paying attention.
But it was better than what happened to my brother. I had sold him my 68 Javelin which he fixed all up with his custom air brush work, and he was sitting waiting to make a turn and got rear-ended hard. The guy's brakes failed. The cops let him drive the car away - and had no insurance so my brother ended up fixing the car himself.
In that town, it sort of depends on who you are and what you look like. I mean, that's the town where the cops shoot themselves and get run over by their own partner, etc.

 

[JHydroJ]

If Statefarm is your insurance then they do not owe diminished value, you will have to get it from the at fault party, the other driver's insurance. Diminished value from what i have seen is usually based on a percentage of the repairs and what was damaged. If you have 2k in damages i wouldnt expect much in compensation, especially if there was only parts replacements and no actual repair work by the body shop. It is also not usually taken into account til after the vehicle is completed so the insurance can review the final bill. But Shadows is right, it's all regulated by the state and each state approves different limits for policies and regulations. Some states allow their drivers to only carry like 5k in property damage liability which is insane. I would say you need to speak with the other insurance, feel them out. If they just say NO to everything your asking, without any kind of conversation, then maybe an attorney is your best bet. Looks like your jeep is still drivable so take some time and talk to everyone and weigh all your options. Hope everything works out.

 

[ZoMojave]

Not that complicated to replace.

Added this to mine as well. Piece of cake. As @ShadowsPapa pointed out, if it doesn't slide out smoothly from the frame rails, you had better have a body shop inspect.

 

[Mojave2021]

If Statefarm is your insurance then they do not owe diminished value, you will have to get it from the at fault party, the other driver's insurance. Diminished value from what i have seen is usually based on a percentage of the repairs and what was damaged. If you have 2k in damages i wouldnt expect much in compensation, especially if there was only parts replacements and no actual repair work by the body shop. It is also not usually taken into account til after the vehicle is completed so the insurance can review the final bill. But Shadows is right, it's all regulated by the state and each state approves different limits for policies and regulations. Some states allow their drivers to only carry like 5k in property damage liability which is insane. I would say you need to speak with the other insurance, feel them out. If they just say NO to everything your asking, without any kind of conversation, then maybe an attorney is your best bet. Looks like your jeep is still drivable so take some time and talk to everyone and weigh all your options. Hope everything works out.

If Statefarm is your insurance then they do not owe diminished value, you will have to get it from the at fault party, the other driver's insurance. Diminished value from what i have seen is usually based on a percentage of the repairs and what was damaged. If you have 2k in damages i wouldnt expect much compensation, especially if there was only parts replacements and no actual repair work by the body shop. It is also not usually taken into account til after the vehicle is completed so the insurance can review the final bill. But Shadows is right, it's all regulated by the state and each state approves different limits for policies and regulations. Some states allow their drivers to only carry like 5k in property damage liability which is insane. I would say you need to speak with the other insurance, feel them out. If they just say NO to everything your asking, without any kind of conversation, then maybe an attorney is your best bet. Looks like your jeep is still drivable so take some time and talk to everyone and weigh all your options. Hope everything works out.

Thanks - Yes luckily the Jeep is still drivable and so far I’m not noticing any differences from how it drove before the accident. Still waiting for the initial estimate from State Farm and then I’ll get the body shop estimate, hopefully early next week.

 

[ShadowsPapa]

Added this to mine as well. Piece of cake. As @ShadowsPapa pointed out, if it doesn't slide out smoothly from the frame rails, you had better have a body shop inspect.

Yes. It's a bit more complex as there are tolerances for frames and any other part, but basically yes. If it's binding coming out and the bind is in one area it could (COULD) mean distortion.
HOWEVER, just because it does take a bit to get the receiver out of place doesn't mean damage, either.
I've had experiences moving parts from one Gladiator Overland to another Gladiator Overland - and I found the frames were not identical.
My front receiver fit the 2022 very differently from how it fit the 2020. one was tighter than heck and I had to literally grind and struggle, the other with the pop of a rubber mallet (as opposed to hitting it with a mullet) it popped right out.
Similar for winch plate and other parts. there were differences in fit.
In other words, a receiver that fits the frame on one Gladiator with room to spare may require a smack or two to make it fit another.
Look for things that aren't parallel or are uneven front to back, non-parallel.

I've done a lot of repairs over the years, including dealing with messed up unibody cars, replacing entire right rear quarters (not quarter panel, the entire 1/4 of a car) and I guess you get used to what's normal and what's not.


BTW - Texas is not a diminished value state. They don't require that drivers carry insurance that covers DV - and not all policies cover it. If you are concerned, you'd better read your specific policy! Not all insurance covers it.
I know the unfortunate OP isn't in Texas, but geesh, the numbers that scream DV! DV! must be parroting things they have seen others post. It ain't that easy in all places or cases.
Iowa on the other hand is a DV state and Iowa does have uninsured motorist coverage for diminished value. That means if the other party who caused the accident has no insurance or doesn't have coverage for DV, then your own uninsured coverage is supposed to cover it. Note that it's not always an automatic part of any part of a policy.
There are also many ways the value is calculated - and each insurer has their own math. You submit the numbers and they run those numbers through their own charts and calculators. You may not get what you think you should. Or you may........
It will depend on the miles on the vehicle - there's a table for that, and for the type of damage. Body damage repaired by replacement OEM parts and paint that matches well won't get you squat. Frame or structural damage is a bigger deal.
So for a hitch and bumper and minor dings or alignment processes - odds are against you.
IF there is no structural damage, the multiplier is 0 and you get nothing.
So if your frame isn't messed up and it's only panels, you may as well relax. Even if a tailgate has to be replaced, that's a panel, not structure, you aren't entitled and as The Eagles sang - get over it.

 

[Mojave2021]

I did a bit of research on the diminished value in CA. Apparently CA does support it, and you don't have to sell the car to recoup it. Diminished value in CA

 

[Caspien]

There's a simple way to prove diminished value... have a car dealership write you up a letter indicating that due to the damage that has been done to it, they would lower the buyout by X% of the total value, since they're taking on risk with the trade/purchase.

Have done just that, my last 2 accidents, and BOTH times the insurance weren't going to cover it, until they saw that letter.

So, if you're on good terms with a dealership (or if your insurance agent is), you may want to look into that


~ Casp

 

[ShadowsPapa]

You were lucky. They still don't have to if they wanted to really stick to their formulas. With no structural damage, they have a right to deny your "request".
Of course, it costs nothing but time to try.

 

[Mojave2021]

Quick update on my accident situation. Turns out the other driver had defaulted on his payment a month back and didn't have a valid policy in place. So I'm now having to go thru the Uninsured Motorist path with State Farm.

I have $500K limit per accident, $250K limit per person Uninsured Motorist coverage. So far I've confirmed the Uninsured policy will take care of my deductible...now I need to see how much I can get for bodily harm & pain & suffering for the back pain/stiffness issues I'm having now.

I think I still need to get an attorney involved to make sure I get everything out of my Uninsured Motorist coverage. From my research it looks like my State Farm rates can't increase as a result of an Uninsured claim in CA, so that is good.

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