[C2] Well......16yr old decided he did not need to stop at the stop sign.
#41
Race Director
He stated it was hit in 1968 -70 and that he did a complete body off restoration in 2006 - 08.
I am not aware that diminished value is limited to no hit bodies. He will now have a car that has two different time frames of restoration. For example, will the entire car be repainted? Can the 14 year old paint on the car be matched?
I seriously doubt an accident in 1968 - 70 is any data base (AFAIK there were no such records kept back then) .
He further stated that it has been in the family since his wife’s Dad was 18.
IMHO that combination of circumstances should qualify for a diminished value claim. What’s to lose?
I am not aware that diminished value is limited to no hit bodies. He will now have a car that has two different time frames of restoration. For example, will the entire car be repainted? Can the 14 year old paint on the car be matched?
I seriously doubt an accident in 1968 - 70 is any data base (AFAIK there were no such records kept back then) .
He further stated that it has been in the family since his wife’s Dad was 18.
IMHO that combination of circumstances should qualify for a diminished value claim. What’s to lose?
Last edited by tuxnharley; 07-22-2022 at 04:33 PM.
#43
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The only good news I see here is your insurance.
Your’re in good hands with NCM. They will take care of you.
Steve
Your’re in good hands with NCM. They will take care of you.
Steve
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#44
Le Mans Master
Hopefully that won't be the case with his Corvette Museum insurance but that would definitely be a concern if it were a typical newer car . You take the hit when you sell even though it wasn't your fault. Insurance companies are not your friend .
#45
Race Director
I bet that family’s insurance company is not going to be very happy when they receive the bill for repairing that damage. The kid may be uninsurable for while just due to premium hikes. Hope your OK with no after effects.
#46
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This repair was $3,000.
NCM took care of it without blinking an eye.
Take care,
Steve
Last edited by RatDog; 07-22-2022 at 06:54 PM. Reason: I wrote some gibberish.
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#49
Instructor
I would strongly recommend that you not sign off on the medical release at the same time the vehicle repairs are done. I was rear ended in 2018 in a Ford Windstar minivan, by a Honda Odyssey minivan. I did not sign off on the medical release and sure enough 6 to 8 months later, I started realizing that I had mild weakness in the grip in my hands. I use some spring loaded clamps in my business to clamp window sashes into a cutting jig, and suddenly I couldn't squeeze the clamps with one hand anymore. Ended up getting an MRI and they found 2 herniated disks in my neck. No noticeable neck pain, but I ended up settling with the insurance after 4 months of Physical Therapy. I don't like being litigious, but I am glad I hired an injury lawyer, and got a reasonable settlement.
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#50
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My deer hit was in front. I’m gonna guess that’s a $30k repair at a qualified shop. I’ll bet the shop will want to pull the body off the frame. Someone here recently posted that appears Corvette Image is up for sale. Only add that to say I’d only use Bumb/Sermershiem parts. Bummer. I’d want the body removed to make sure the frame is done right and inspected. Glad you’re good. Getting a good shop is way more important than a local shop. New frames from Neil are perfect too. Been there. Larry
Just read you have NCM. You’re golden. They’ll know what this costs to do right.
Just read you have NCM. You’re golden. They’ll know what this costs to do right.
#51
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First of all YOU don’t decide if the car is totaled, that is up to the insurance company. There is no way this car will be totaled. Although the owner is likely going to be surprised at what the completed cst is going to be. You MAY end up with a complete new paint job. That is what happened on my recent repair job after hitting a Javalina.
I am thinking this job is going to be $30k+
You should go for diminished value. You are likely going to be without your car for six months also.
#53
Instructor
So sorry to see this happen to such a beautiful car, and then have to go through all the time, money and effort to get it fixed right. Got to be so frustrating especially given the little p****'s attitude. Best of luck to you and your car.
#54
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A few points from an insurance claims person:
1. If you were hurt, get the treatment you need. Contact the kid's insurance to make a claim for your medical expenses, lost earnings, and compensation for pain and suffering. Know that there is a statute of limitations of three years in Wisconsin for personal injury claims. This means you have three years from the date of accident to reach a settlement. If you don't settle within that time, you lose your right to compensation unless you have filed a lawsuit to preserve your rights. This claim falls under the kid's bodily injury coverage.
2. If you were not hurt, don't commit insurance fraud by saying you were hurt.
3. You are entitled to reasonable loss of use while your car is not operable. You are probably also entitled to compensation for the vehicle's value reduction following repairs. These damages all fall under the kid's property damage coverage.
4. Most personal auto policies have separate limits for bodily injury coverage and property damage coverage. Some have a single combined limit (that's more common in commercial policies).
5. If you go through your own insurance company for the repairs to your vehicle (which is what I would do), your policy probably says that your insurance company has subrogation rights--you basically assign your rights to recover for the repairs to your insurance company. This may create two issues if you separately seek recovery from the kid's insurance for your loss of use and diminished value.
First, his insurance company will likely ask you to sign a release for these damages. You need to make sure that you don't release your insurance company's subrogation rights. If you want to accept a settlement for your loss of use and diminished value, you should run the proposed release by your insurance company to make sure they agree that their rights are not impaired by your signing it. Of course, if you have an injury claim as well, you need to make sure the release for loss of use and diminished value does not also release your injury claim. Make sure you don't sign anything that says "Release of All Claims" unless your counsel has reviewed and approved it.
Second, his property damage policy limits might not be sufficient to cover both your loss of use/diminished value claims, and your insurer's subrogation claim. In that case, you need to reach an agreement with your insurer as to how to allocate the funds. Many insurers will let you be "made whole" first, and then they will accept what's left over. Others might say, "Let's divide up the money on a pro-rata basis." Make sure you understand and agree to an allocation if it turns out that the kid's insurance coverage isn't sufficient to cover all of the damages.
There are many other nuances and issues, but the above provides a start. The above is not legal advice. It's just provided for the purpose of identifying issues to consider.
1. If you were hurt, get the treatment you need. Contact the kid's insurance to make a claim for your medical expenses, lost earnings, and compensation for pain and suffering. Know that there is a statute of limitations of three years in Wisconsin for personal injury claims. This means you have three years from the date of accident to reach a settlement. If you don't settle within that time, you lose your right to compensation unless you have filed a lawsuit to preserve your rights. This claim falls under the kid's bodily injury coverage.
2. If you were not hurt, don't commit insurance fraud by saying you were hurt.
3. You are entitled to reasonable loss of use while your car is not operable. You are probably also entitled to compensation for the vehicle's value reduction following repairs. These damages all fall under the kid's property damage coverage.
4. Most personal auto policies have separate limits for bodily injury coverage and property damage coverage. Some have a single combined limit (that's more common in commercial policies).
5. If you go through your own insurance company for the repairs to your vehicle (which is what I would do), your policy probably says that your insurance company has subrogation rights--you basically assign your rights to recover for the repairs to your insurance company. This may create two issues if you separately seek recovery from the kid's insurance for your loss of use and diminished value.
First, his insurance company will likely ask you to sign a release for these damages. You need to make sure that you don't release your insurance company's subrogation rights. If you want to accept a settlement for your loss of use and diminished value, you should run the proposed release by your insurance company to make sure they agree that their rights are not impaired by your signing it. Of course, if you have an injury claim as well, you need to make sure the release for loss of use and diminished value does not also release your injury claim. Make sure you don't sign anything that says "Release of All Claims" unless your counsel has reviewed and approved it.
Second, his property damage policy limits might not be sufficient to cover both your loss of use/diminished value claims, and your insurer's subrogation claim. In that case, you need to reach an agreement with your insurer as to how to allocate the funds. Many insurers will let you be "made whole" first, and then they will accept what's left over. Others might say, "Let's divide up the money on a pro-rata basis." Make sure you understand and agree to an allocation if it turns out that the kid's insurance coverage isn't sufficient to cover all of the damages.
There are many other nuances and issues, but the above provides a start. The above is not legal advice. It's just provided for the purpose of identifying issues to consider.
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#56
Safety Car
Here in Southern California at top classic car repair shops, $20k would just be warming up.
The shop I have used won't touch a simple paint job for an entire car for less than $20k
It will be interesting to see the final bill
The shop I have used won't touch a simple paint job for an entire car for less than $20k
It will be interesting to see the final bill
#58
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#60
Race Director
I don’t know the answer as to how to handle it, but my wife was rear ended in an Audi when in her mid 30s (also by a teenager driver) and other than a sore foot from stomping on the brake trying to prevent being pushed into the car in front of her, she thought she was otherwise all right. Jump ahead to 30 years later and she starts having neck issues and pain in her left arm. Tests and exams revealed signs of a past injury to her neck typical of whip lash and about two years ago she ended up having to have a couple vertebra fused surgically. I’m not sure if it would have mattered had she known earlier and if there was much they could have done. Insurance paid the bills so no big financial issue. But, I still think as a precaution at least, I would visit a good Orthopedic and insist on x-rays and an MRI to establish the upper spine condition and any chance of injury having occurred.
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