When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
Advice needed on devaluation claim after accident.
My 72 just got back from the shop after being rear-ended. While the repair is great there are a few issues. First they were not able to match the paint perfectly and the insurance company refused to paint the entire car. It's not bad at all but you can see it if you know what to look for. Second my classic car now shows up in CarFax and any other type of accident report service. If I ever decide to sell what Corvette buyer isn't going to do their homework and see that my car has been in an accident? With the non-matching paint and the replaced fiberglass in the rear end my car can't be worth what it used to be.
After speaking to Geico I was told in California that devaluation isn't an automatic thing. I have to prove that my car is worth less now than it was before. They didn't have any forms or templates or anything like that. Has anyone been through this before that could offer some advice as to the best way to go about this?
Look for a local auto appraiser and consult with them about values and problems with your repair. You might also want to consult a "lemon law" attorney who should have some auto knowledge. You have a problem if you signed off all your rights in an insurance settlement check....might not have much recourse after the fact.
Not knowing the laws in California...I do agree that the VIN number is not going to be entered...so it should not show up.
And not knowing if you were at fault or someone else insurance paid for the repair...that kinda makes a difference....at least in my state it kinda does.
AS for the fact that the paint does not match...makes me wonder why you accepted it. Because...due to me not knowing if your insurance is paying for this or someone elses insurance is paying for it.....that MOST insurance companies will at least come off with paying for the adjacent panel be a 'blend panel' so you can not see a color difference because the paint was blended into that panel. And NOT stopping at the edge of a panel so you are basically BUTT-MATCHING color and can easily see it.
I know that in my state there is the NC insurance commission where people can call and find out information. The NC insurance commission can not tell the insurance companies what to do....but they DO let you know what your rights are....and you would be surprised on what can happen when an owner calls them and complains AFTER they find out that they had RIGHTS....and even though the claim has been completed.....there usually is a 6 month period AFTER the incident where the claim can be opened back up.
AS you can tell I have dealt with insurance companies for a very long time....and KNOWING the rules they must ...or should follow...is often times tested and if the adjuster can get away with something....they will....at least from what I have experienced. SO...taking the time to educate yourself...is worth it.
BUT if it is your insurance paying for this accident....at least in my state...you are fighting an uphill battle. They pay for damage and getting it as close as possible and if you want more or a better repair...you have to pay for it.
The accident was not my fault and the other company accepted fault 100%. I was told by both my company and the other company state law said I was not eligible for a full repaint. I was advised to pursue a devaluation claim but that the car had to be repaired first. My argument was to save your money and do it right the first time but no dice. So I got as much fixed as I could through insurance.
The hardest part about the paint was that sometime before I bought the car it was resprayed Ontario Orange but with some sort of metallic or pearl coat. While they got it really really close and they did blend into the doors it isn't a perfect match. It matched before the accident and my argument is that it isn't a 2010 honda civic, it's a collectable car. It should be fixed back to the state it was in before the accident. It was a one color car and not a car that was repaired with paint that is pretty close and blended in nicely.
Good to know though that our cars won't pop up in Carfax and other things like that. It still doesn't mean I should have to accept a less than perfect fix due to the insurance company trying to save a buck.
Present them with a diminished value appraisal. Ask them if they want to compensate you for your loss...or if they would rather talk to your attorney that they will end up paying for.
Last edited by Faster Rat; Feb 25, 2016 at 05:22 AM.
"I was told by both my company and the other company state law said I was not eligible for a full repaint"
I would be interested to know if your insurance was covered by a collector car policy and which one? I just assume due to these companies knowing collector cars that they would do it right. But the body shop would have to let them know he could not match the paint and if that fails, at least give you the option of paying extra for the complete paint.
I'm just a dumb cop but I would look to consult with an independent claims adjuster for a consultation regarding this matter.
Yes you will pay first and sue or threaten suit later for reimbursement.
At this point the big company as spoken so you need to wack em in the knees.
As you said the striking vehicle operator did not hit a 2010 civic, the driver struck your classic which you were out enjoying that moment until they came along.
Unless you signed off and accepted the repairs as complete and full
I would bring another expert in to leverage the playing field in your favor.
What do you have to loose? You are not getting anything extra or free.
You are only returning to pre crash status quo before that knuckle head ran into you.
I play in traffic all day so I see feats of stupidity not normally witnessed by the human eye.
Hopefully an independent will be able to pressure them to make it right.
Marshal
I would suggest the shop you went to is at fault and there inability to match a paint color is sad. Today a paint manufacture rep will actually come to the shop on difficult colors and work with the shop to get an exact match. That includes pints mixed and test sprays of the mix.
Also if the shop did have an exact match but the primer was not matched to the last primer used you will also get a tinting variance in the end product.
From: Who says "Nothing is impossible" ? I've been doing nothing for years.
Same thing happened to me before I got collector car insurance. They wouldn't paint the whole car no matter what I said. I had to pay to have the whole car painted even though it 100% not my fault.
The accident was not my fault and the other company accepted fault 100%. I was told by both my company and the other company state law said I was not eligible for a full repaint. I was advised to pursue a devaluation claim but that the car had to be repaired first. My argument was to save your money and do it right the first time but no dice. So I got as much fixed as I could through insurance.
The hardest part about the paint was that sometime before I bought the car it was resprayed Ontario Orange but with some sort of metallic or pearl coat. While they got it really really close and they did blend into the doors it isn't a perfect match. It matched before the accident and my argument is that it isn't a 2010 honda civic, it's a collectable car. It should be fixed back to the state it was in before the accident. It was a one color car and not a car that was repaired with paint that is pretty close and blended in nicely.
Good to know though that our cars won't pop up in Carfax and other things like that. It still doesn't mean I should have to accept a less than perfect fix due to the insurance company trying to save a buck.
It seems that the car wasn't painted the original color any way. You say there was some sort of pearl or metallic in the color. If it wasn't original i would think it wasn't worth top money anyway. Also is it a special optioned car or is it just the run of the mill 350. If the insurance won't cooperate then just have the whole car painted and bring a lawsuit up against the person that ran into you.
Was the body shop experienced in fiberglass work? I know in my town, there is only 2 shops that can work fiberglass and know what primers to use and paint that is flexible. Did they apply gel coat on the damaged area that is required on fiberglass? When my quarter panel cracked from an accident. I made the insurance company pay for a new quarter panel verses patching the cracks.
BLENDABLE MATCHES are not the same as a BUTT-MATCH. IF an adjacent panel was not allowed for (which is STUPID that they didn't) then butt-matching a color is almost impossible.
AS as for the primer used previously. IS a valid point...to a point. IF a spray out card is shot...which is nothing more than a black and white checkered card. When the painter applies the paint to this card and can no longer see the checkers...then the painter will know how many coats of base that it will take to achieve full color saturation.
Then ..when this spray-out card is clear coated and taken to the car...and checked....the painter will know ( if they have a good eye for color) what direction to take the color. BUT..if the painter is NOT being given the time to do this...to try to figure out HOW it was painted previously....you honesltyy can not blame them....if they are NOT being compensated by the insurance company. I sometimes run into some adjusters who just want to fight 'tooth and nail' for every penny being spent
And for those people who feel that the shop should do it anyway and is responsible. All I will write is this. Work 40 hours this week and tell the company you work for to only pay you for 20 hours. See how that feels.....then do it again the NEXT week also.
I have done so many custom paint matches...that to be honest....most insurance companies only give and hour or two to 'tint' the color. Like some form of magic can be performed in 1-2 hours. It JUST IS NOT going to happen. NOT to the level in this situation. I have have days in shooting spray out cards and tinting the color.
I am surprised on how the state can decide on what is allowed to be painted or not. I am GLAD I live in NC if that is the case. TOTAL B.S. in my opinion if that is the case.
You were the VICTIM...and the costs of the repairs would more than likely NOT total out the car...IF in California they play by the 75% 'rule'...so-to-speak...so what is the problem.
Same thing happened to me before I got collector car insurance. They wouldn't paint the whole car no matter what I said. I had to pay to have the whole car painted even though it 100% not my fault.
OUCH!!!!! MAN...some insurance companies. I have had some customers who were getting messed with..and when they called the Insurance commission.... literally... the day after they called...I had suits and ties in my shop getting things corrected and repaired and how funny it was that the money would flow freely for all needed repairs.
You may not be able to get the entire car painted, but you don't have to accept the car with MIS-MATCHED PAINT!
Just tell your insurer to start doing their job of representing you or you WILL call the California Insurance Commission and tell them that you are being abused by both insurance companies...theirs and yours.
Your insurer needs to get your car back to you in the SAME condition as before it was damaged. That is the responsibility of both companies. Just stand your ground and get it repainted where the paint does not match.
IMO, it was really stupid of them NOT to repaint the entire car.
Last edited by 7T1vette; Feb 26, 2016 at 01:12 AM.
Was the body shop experienced in fiberglass work? I know in my town, there is only 2 shops that can work fiberglass and know what primers to use and paint that is flexible. Did they apply gel coat on the damaged area that is required on fiberglass? When my quarter panel cracked from an accident. I made the insurance company pay for a new quarter panel verses patching the cracks.
My wife's Dad was owned a General Contracting firm, and had the following bit of wisdom re Insurance Companies (this isn't an exact quote...) "Insurance companies are like [ladies of the night], first they take your money and then they [screw] you.
I had some paint work done on my bicycle last Winter. I defy anyone to see where the original paint ends and the new starts. The shop's paint supplier did the color match.
My wife's Dad was owned a General Contracting firm, and had the following bit of wisdom re Insurance Companies (this isn't an exact quote...) "Insurance companies are like [ladies of the night], first they take your money and then they [screw] you.
I had some paint work done on my bicycle last Winter. I defy anyone to see where the original paint ends and the new starts. The shop's paint supplier did the color match.
Your wife's dad's quote was spot on. State Farm gladly took my money for over fifty years and never paid out then when I asked for their help for something out of my control , they gladly screwed me.