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Discussion Starter · #1 ·
At a full stop in a clearly marked road work/construction zone with flagger 10 feet in front of me. A few seconds later a Honda Accord rear ends me...going 68mph. Honda engine smashed into half its size...completely totaled.
No lifethreating injuries...
The ascent took it primarily on driver side back corner.
I felt saved by the ascent...it’s third row interior damage is/was slight.
In a very few seconds the Starlink person was talking to me. They called an ambulance/police immediately. I love that starlink thing now...
Questions:
1) it is not a total loss, so once fixed, how much resale value did I just lose on my ascent? Hint my Subaru dealership’s used car sales mgr said 10,000 and then wished me luck dealing with the insurance adjuster...and the only way he would buy it is if I traded it in on a new one and he would then sell it at auction because of risk of unknown issues that likely exist.
2) Is the factory warranty (bumper to bumper) still fully in place?
Btw, if you read the fine print of the Subaru Warranty it says if car has been in accident, car not covered (my interpretation, but who can blame them)?
Comment: the auto insurance industry is a crazy wicked take-advantage-of-innocent-victims world that makes me ill. And yup, the other guy is way under-insured.
 

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If you tell the insurance you want them to cover the value loss even after its fixed they very well could total it. How many airbags went? If the whole car went off I suspect it will be totaled. Your dealer shouldn’t have an issue giving you a value before the accident and after repair on how much you loose. If it’s within reason insurance won’t fight you much.


Hopefully they have a good company and not something like the general.
 

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This is a major accident and will likely go into the Carfax report for your car. It will be very difficult to ever sell either to a private party or a dealer. So the loss in value is very high. If this were my car, I would accept nothing less from the insurance company than a total loss even if I had to retain a lawyer and sue.

Whether you will be dealing with the other driver's insurance or your own (uninsured motorist), they may likely try to get you to settle on a repair if the cost of the repair is less than the cost of totalling your vehicle. If your car was hit by the other car at 68 mph as you say, your car likely sustained damage which can never be properly repaired. You must insist that you will accept nothing less than the replacement value of the Ascent. With some less than reputable insurance companies, this may be difficult and may take a while, but the insurance company is hoping that you will get impatient and relent. Do not do this. If you reach an impasse with the insurance company, retain the services of a lawyer who has experience in such cases, it will be worth it in the long run, especially if you can find a lawyer who will add his fees to the settlement. Once the insurance company knows they're dealing with a lawyer, they will usually become more amenable because they do not wish to incur more losses fighting the case in court, especially if they know the outcome is not good for them. Insurance companies always chose the path that will cost them the least.

Stand firm and insist on full replacement value for your car, otherwise it is you who will either be driving a compromised vehicle or sustain a very large loss in value.
 

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There is absolutely no way this vehicle will be declared a total loss with only rear quarter panel damage. The damage would have to exceed $20K. I am glad you are safe, and stand your ground against the insurance company, but that will be even more expensive.
 

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Rad' is correct...you need a diminished value claim as part of this insurance process. And Sparkland is also correct. It's not likely you would ever prevail for a total loss for such minimal damage. The vehicle is worth many times the cost of the repair.
 

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As Rad and Jim have said "Diminished Value" is the key. In Texas where I live the insurance company is required to pay you for it. Google Diminished Value and your city/state and your will probably find plenty of appraisers that can document the diminished value for you. With the diminished value well documented by a professional you will then have something solid to go to the insurance company with to make a claim.
 

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At a full stop in a clearly marked road work/construction zone with flagger 10 feet in front of me. A few seconds later a Honda Accord rear ends me...going 68mph. Honda engine smashed into half its size...completely totaled.
No lifethreating injuries...
The ascent took it primarily on driver side back corner.
I felt saved by the ascent...it’s third row interior damage is/was slight.
In a very few seconds the Starlink person was talking to me. They called an ambulance/police immediately. I love that starlink thing now...
Questions:
1) it is not a total loss, so once fixed, how much resale value did I just lose on my ascent? Hint my Subaru dealership’s used car sales mgr said 10,000 and then wished me luck dealing with the insurance adjuster...and the only way he would buy it is if I traded it in on a new one and he would then sell it at auction because of risk of unknown issues that likely exist.
2) Is the factory warranty (bumper to bumper) still fully in place?
Btw, if you read the fine print of the Subaru Warranty it says if car has been in accident, car not covered (my interpretation, but who can blame them)?
Comment: the auto insurance industry is a crazy wicked take-advantage-of-innocent-victims world that makes me ill. And yup, the other guy is way under-insured.
There will be some lost of value because I assumed it's reported by the police and/or the insurance company. The most effective way to go about this is to:

1. restore the car to OEM specs
2. go after their insurance for any injury or damages

The latter is the most effective way to recover your lost.
 

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Discussion Starter · #8 ·
Airbags did not deploy.
Geico offered me $1200 to walk away for my headaches, neck aches, backaches, bruises. I laughed to myself but again Ins Co greediness.
Everything I have read says attorneys won’t assist with car repair and associated diminished value “claim” because there are no pain&suffering $ associated with property damage...no money for attorney fees.
Geico now tells me the max coverage on prop damage is $25k on his policy. They revoked the rental car and told me to deal with my own ins.
Car repair adjusters...wow...they are completely one sided and will literally just push it thru hoping I am in a hurry. Guess what...I am a patient person who has, in all humility worked hard and saved money to buy our retirement car. A victim of an extremely careless driver should not cost me 10k value car value loss. The medical side is a whole other issue...was driving to babysit our granddaughter and now I can’t even pick her up. Thanks for letting me vent. I am going to update this post on outcome of car adjuster $.
Talk about an unknown: is my 36k Subaru warranty still avail to me$. EVERYBODY shrugs their shoulders at this question. P.s. this is why (accident factor) I refused any/all extended warranties when I bought the car.
 

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Had a similar story where Geico was my insurance company. In all honesty they were stellar! They totaled my Tacoma (not a question it was bad) then went after the other guys ins company to recoup their cost. Not sure if they succeeded. Maybe your insurer could follow a similar path?
 

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First question who is your insurance company? If they are a company other than Geico I'm going to say it call your insurance company. They have the lawyers and they have the desire to make sure your car is in good working order so they don't have to pay out later should something not happen correctly in a crash. As the other driver has insurance your rates should not go up.

If you are in any pain go to a doctor now and get checked out. Geico should cover this although everything I know about them says they try not to pay.

While I know many people want to be made whole after an accident that never really happens but that doesn't mean you should feel ripped off. I hope you are okay which is what really matters and you get as close to whole as possible.
 

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Airbags did not deploy.
Geico offered me $1200 to walk away for my headaches, neck aches, backaches, bruises. I laughed to myself but again Ins Co greediness.
Everything I have read says attorneys won’t assist with car repair and associated diminished value “claim” because there are no pain&suffering $ associated with property damage...no money for attorney fees.
Geico now tells me the max coverage on prop damage is $25k on his policy. They revoked the rental car and told me to deal with my own ins.
Car repair adjusters...wow...they are completely one sided and will literally just push it thru hoping I am in a hurry. Guess what...I am a patient person who has, in all humility worked hard and saved money to buy our retirement car. A victim of an extremely careless driver should not cost me 10k value car value loss. The medical side is a whole other issue...was driving to babysit our granddaughter and now I can’t even pick her up. Thanks for letting me vent. I am going to update this post on outcome of car adjuster $.
Talk about an unknown: is my 36k Subaru warranty still avail to me$. EVERYBODY shrugs their shoulders at this question. P.s. this is why (accident factor) I refused any/all extended warranties when I bought the car.
I suspect that Geico will just try to give you the $25K and call it quits but remember that medical coverage should be outside that $25K limit. There will be some limit on medical though. The limits are set be the insured and not the insurance company so while it seems unfair remember it is the insured person that didn't care about fairness and bought the cheapest policy they could.

As far as the warranty goes, Subaru has certified collision centers. Use one of them and you should be fine. In fact I would insist on using one of them to make sure the car is just as safe after the repair as it was before the repair. Here is link to find a Subaru certified shop.

 

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Talk to your own insurance company. They can be your advocate to recovering from this accident relative to fixing your vehicle and other factors. (I would hope you have uninsured/underinsured coverage on your own policy) They will certainly go after Gieco and the other driver if you file a claim.
 
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Discussion Starter · #13 ·
I am now at Level4 (my terminology) with my Ins co (State Farm)

Level 1 Person=“we will repair the car. I don’t know what Diminished Value is.”
Level 2 Person=“we will repair the car. You will have to work directly with Geico on any Diminished Value issue.”
Level 3 Person=“there is no Diminished Value Statute in Oregon.”
Me=“you are correct, however there are numerous court cases in OR that provided DV and these cases are used as precedent, etc.” (thanks Google)
Level 3 Person=“I will need to escalate you to a specialist in Under-Insured dept.”

I will update later on Level4 discussions as I continue my journey through the distasteful Auto Insurance Claim Machine Process...
 

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This is a major accident and will likely go into the Carfax report for your car. It will be very difficult to ever sell either to a private party or a dealer. So the loss in value is very high. If this were my car, I would accept nothing less from the insurance company than a total loss even if I had to retain a lawyer and sue.

Whether you will be dealing with the other driver's insurance or your own (uninsured motorist), they may likely try to get you to settle on a repair if the cost of the repair is less than the cost of totalling your vehicle. If your car was hit by the other car at 68 mph as you say, your car likely sustained damage which can never be properly repaired. You must insist that you will accept nothing less than the replacement value of the Ascent. With some less than reputable insurance companies, this may be difficult and may take a while, but the insurance company is hoping that you will get impatient and relent. Do not do this. If you reach an impasse with the insurance company, retain the services of a lawyer who has experience in such cases, it will be worth it in the long run, especially if you can find a lawyer who will add his fees to the settlement. Once the insurance company knows they're dealing with a lawyer, they will usually become more amenable because they do not wish to incur more losses fighting the case in court, especially if they know the outcome is not good for them. Insurance companies always chose the path that will cost them the least.

Stand firm and insist on full replacement value for your car, otherwise it is you who will either be driving a compromised vehicle or sustain a very large loss in value.
At a full stop in a clearly marked road work/construction zone with flagger 10 feet in front of me. A few seconds later a Honda Accord rear ends me...going 68mph. Honda engine smashed into half its size...completely totaled.
No lifethreating injuries...
The ascent took it primarily on driver side back corner.
I felt saved by the ascent...it’s third row interior damage is/was slight.
In a very few seconds the Starlink person was talking to me. They called an ambulance/police immediately. I love that starlink thing now...
Questions:
1) it is not a total loss, so once fixed, how much resale value did I just lose on my ascent? Hint my Subaru dealership’s used car sales mgr said 10,000 and then wished me luck dealing with the insurance adjuster...and the only way he would buy it is if I traded it in on a new one and he would then sell it at auction because of risk of unknown issues that likely exist.
2) Is the factory warranty (bumper to bumper) still fully in place?
Btw, if you read the fine print of the Subaru Warranty it says if car has been in accident, car not covered (my interpretation, but who can blame them)?
Comment: the auto insurance industry is a crazy wicked take-advantage-of-innocent-victims world that makes me ill. And yup, the other guy is way under-insured.
Unless you have gap insurance, as I do, in your coverage you are only owed the actual cash value of the vehicle just prior to the accident. Despite the responsible driver not having sufficient coverage you can still sue them for any remaining balance but similarly, they are only responsible to put you in back in the position you were in prior to the accident (not an improved position as with a non-depreciated vehicle). Thankfully the vehicle does not depreciate much compared to other vehicles but you will still take a hit. I suggest you contact a public adjuster to advocate for you such as Paragon to assist. You can certainly recover any deductible and out of pocket expenses from the responsible driver if they have any assets now or in the near future. This latter element can probably be managed through small claims. Once you prevail, perfect a lien on any property they own. You can then foreclose to try and liquidate any assets they may own.

If your insurance company decides to repair the vehicle, I would certainly go after the responsible driver for diminished value.


"Diminished Value Claims

Diminished value claims come into play when:

  • the driver of another car was at fault for the accident, and
  • your insurance company decides to repair rather than total your damaged vehicle.

A repaired vehicle—though it may look and drive fine—is worth less than it otherwise would be simply because of its accident history. The purpose of a diminished value claim is to recover this lost value.

A repaired vehicle—though it may look and drive fine—is worth less than it otherwise would be simply because of its accident history. The purpose of a diminished value claim is to recover this lost value.
Typically, drivers don’t bring diminished value claims against their own insurer—mostly because insurance policies generally don’t cover these types of claims. A driver would, instead, bring a lost value claim against the at-fault driver or the at-fault driver’s insurance company.

Proving a diminished value claim can be difficult. Would-be buyers are certainly more wary of cars that have been in accidents. But quantifying how much less a buyer would be willing to pay for such a vehicle is tricky. And many states also have special rules for diminished value claims. For instance, some states require drivers to sell the vehicle (sometimes called “realizing” the loss) before they’re allowed to make a claim for diminished value. In other states, the driver must hire an expert appraiser who can testify about the amount of lost value.

Because of the intricacies and complications of this area of law, if you’re thinking of making a diminished value claim, it’s a good idea to consult with a knowledgeable attorney first."


Of course the manufacturer warranty has absolutely nothing to do with any of this, although I would be interested to learn how the warranty is impacted if a complete repair is done. Anyone know?
 

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I suspect that Geico will just try to give you the $25K and call it quits but remember that medical coverage should be outside that $25K limit. There will be some limit on medical though. The limits are set be the insured and not the insurance company so while it seems unfair remember it is the insured person that didn't care about fairness and bought the cheapest policy they could.

As far as the warranty goes, Subaru has certified collision centers. Use one of them and you should be fine. In fact I would insist on using one of them to make sure the car is just as safe after the repair as it was before the repair. Here is link to find a Subaru certified shop.

Keep a running daily log of how you feel each day, any expenses regardless of how minor, time spent going to doctors, phone calls, days missed from work and written correspondence, medication taken. You can still talk to an attorney who can advise you on how to manage the injury part of the claim. Assuming you have medical insurance yourself, you can be taken care of and only pay your deductable and co-pays. The medical insurance company will then work to be reimbursed by the responsible party. You too should go after them personally for those expenses beyond whatever their insurance offers you. Hang in there.
 

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At a full stop in a clearly marked road work/construction zone with flagger 10 feet in front of me. A few seconds later a Honda Accord rear ends me...going 68mph. Honda engine smashed into half its size...completely totaled.
No lifethreating injuries...
The ascent took it primarily on driver side back corner.
I felt saved by the ascent...it’s third row interior damage is/was slight.
Hello, I hope you’re faring well. Would you mind sharing the 3rd row interior damage? I’m thinking of buying the Ascent with the 2 capt chairs and we have 3 young kids aged 6, 3, and 3. I’m trying to figure out how a 6 year old kid would fare in the third row in such an accident like yours. I think about it all the time unfortunately.

Thanks you.
 
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