T-Boned by a SUV

A Toyota 4runner ran a red light and crashed into my 330xi last wednesday as I was crossing an intersection on a green light. The SUV was totalled and everyone in it is OK but no injuries to me or my 2 passengers. Both side airbags and the side curtain airbag inflated and saved my passengers. I decided to pursue compensation thru the other insurance co. (Progressive) and they took a full 6 days before towing the car to a body shop. The body shop (Quattro in Silver Spring, MD) called me and said they didn't want to touch the car and that I would be better off taking it to a dealer or a shop specializing in BMW. Since I heard good things about Wagonwork in Alexandria, VA, I am having Progressive tow it there. Progressive will not pay for anything more than getting the car back to its original shape. Has anyone been successful trying to get an insurance company to pay for depreciation after an accident? Also, my passengers got themselves checked because they had sore necks/arms and they are totally fine now. Progressive offered them an inconvenience payment of $400 in addition to the medical bills to them but will not consider giving me any inconvenience payment since I didn't go to a doctor. Also, they won't accept my request to "total" the car and just pay me the market value for the car. So it looks like I wil be driving a crappy rental while I wait for the car to get fixed which could be as long as 2 months. I am glad that there were no injuries but I'm just really bummed about the whole thing I have to go through dealing with the insurance company.

I would appreciate any advice from any of you who've been through similar experiences.

here's a picture of the car after the crash

View from the inside

Holy Sh*t !

Sorry about that. Glad noone was injured and you and your passengers are safe.

Originally posted by darchen
Has anyone been successful trying to get an insurance company to pay for depreciation after an accident?

It sounds like you're referring to "diminished value". Here's a link to an article on the topic: click.

Wow. Glad to hear that no one was seriously hurt in the accident. When you said that the SUV was totaled, I expected to see a very bent E46...but it looks like the car held up remarkably well. Still, I wouldn't rule out the possibility that your car will be declared a total loss.

An E36 M3/4 was T-boned by a Porsche last year and the damage looked only marginally worse, from what I remember. The frame, however, was bent enough to total it out. While your car held up admirably in the accident, I question the "trueness" of your B-pillar and your frame in general. Furthermore, repairing the car will require replacement of all the glass and all of the airbags that deployed in the accident. I would let Wagonwork do their thing and get back to you and your insurance company with an estimate.

Sorry to hear about your accident. Glad no one was seriously hurt.

Car does not appear to be totaled and I'm sure this is why progressive will not total it for you. Always a real PITA when dealing with insurance companies.

My advice is, you should go through your own insurance company and let them, as professionals, handle your claim. There is a record of the accident and it will be no secret to them, so what's the advantage of not using them? Glad everyone is OK, so far.

Ouch

Hope it works out for you! Good luck.

Originally posted by johnlew
My advice is, you should go through your own insurance company and let them, as professionals, handle your claim. There is a record of the accident and it will be no secret to them, so what's the advantage of not using them? Glad everyone is OK, so far.

I called my company (Geico) right after the accident. They said I could pay the deductible and have them pursue it and eventually pay me back when they get the payment from Progressive. Or I could handle it entirely through Progressive, which is what I'm doing. I may get Geico involved if Progressive starts creating problems over Wagonwork's estimate.

Thanks for the support, everyone!

Glad you are ok.

Sorry about the car.

Unfortunately, I've got no good advice for you in the insurance issue you are having, good luck getting it all straightened out.

Z

When my truck was sideswiped on the freeway I made a claim with my insurance company, GEICO, paid the $250 deductible and let GEICO go after the jackass driver's schlock insurance company.

I met the GEICO adjuster at the best body shop in town and was amazed as he wrote off parts that were barely scratched. My driver side power mirror had popped off it's mount and was dangling from the power cord. I popped it back in on the side of the freeway and it worked perfectly (thank you Ford) and didn't have a mark on it despite being knocked off by the collision. When I told the GEICO adjuster about this he just wrote the sucker off and bought me a new one.

Understand that this schlock insurance company and its adjusters and attorneys are your legal adversaries. You've already had too much contact with them and you've undoubtedly made statements that would work against you in court in the unlikely event that you would take them to court. If GEICO is willing to handle this for you then by all means use them to get your car taken care of and stop talking to these jerks whose job it is to stiff you and your passengers. Considering the possibility of an injury claim in a situation like this I am disgusted that they would try to screw with you on your property claim. Well, I guess they are specially trained in dealing with claimants who haven't a clue about their legal remedies.

And about the deductible: GEICO recovered it from the other insurance company, Allstate I think, and sent me a check about two or three months later.

I agree with some of the other members let your insurance company handle the claim. Progressive will try to pay out the least amount possible when dealing with you directly.

Glad you're alright. I'm amazed at how well the car did with a nasty SUV hitting you. it looks like other than the doors the car is in pretty good shape (hidden damage aside).

Look at your policy on diminished value. A couple of years ago, State Farm send out a policy amendment on mine explicitly stating they won't pay for diminished value. Chances are your policy states the same, so going through your co. might not help. I suppose you could always sue the SUV driver in small claims for the amount.

and THAT'S why I'm getting a Bimmer! I want to win the battle when those flippin' SUV's try to cream me. My current lil Mitsy would get creamed in a hit like that against an SUV. =/

I used to work at a major corporation's office of general counsel. I think our department's motto would apply in your situation:

"SUE THE BASTARD"

What speed was the other car moving when it hit you?

Originally posted by fkafka
What speed was the other car moving when it hit you?

I couldn't tell. The SUV driver told the officer that he had been wating at the light and thought it turned green and hit the accelerator. The accident report said that he was not wearing eyeglasses as required by his driver's license. Can you believe that?? I saw him coming at me as I was going through the intersection. I honked and tried to swerve to my left but it was too late. I heard a loud crash and my car was about to spin. It was amazing how I was able to steer it back into control and stop it on the other side of the intersection. I remember noticing that the light was still green when I got to the other side.

Three words: Get a Lawyer.

You alone against an insurance company is like Bambi vs Godzilla. They probably wouldn't like a lawyer poking around the possible personal injury claims with your passengers, and would be more flexible in settling your property claims. A lawyer will cost you something, but would probably be worth it, if, for nothing else, to show that you're serious.

BTW, I'm amazed how well the car held up. Usually, when I think center punch, with someone in the seat next to the hit, I think fatality. The fact that everyone walked away is very impressive.

Originally posted by darchen
I called my company (Geico) right after the accident. They said I could pay the deductible and have them pursue it and eventually pay me back when they get the payment from Progressive. Or I could handle it entirely through Progressive, which is what I'm doing. I may get Geico involved if Progressive starts creating problems over Wagonwork's estimate.

Ouch, Progressive. Don't even bother, pay your deductable and be done with it.

What kind of frame machine does the bodyshop have? If it's not Cellete with laser alignment, take the car to one that does.

Do they use the BASF paint system with Glasurit paint? If not, take the car to one that does.

You should have also had the docotr checked you that day, or the day after, this is how insurance works. If you don't, they are going to claim that you have no injury and the claim was a false one for you to make a few bucks.

BTW, the damage is EASILY 20K to 25K to fix properly.

Good luck, and take this from me, Progressive and Mercury HATES paying anything to either the claimant or the insured. That's why they are cheap. Oh, and they also HATE to pay any suppliment as well.

Good luck, you are going to need it.

Andy
02 M3 CB/Cloth SMG

Originally posted by Stuka
Ouch, Progressive. Don't even bother, pay your deductable and be done with it.

Good luck, and take this from me, Progressive and Mercury HATES paying anything to either the claimant or the insured. That's why they are cheap. Oh, and they also HATE to pay any suppliment as well.

Good luck, you are going to need it.

Andy
02 M3 CB/Cloth SMG

Not everything is best accomplished as a do-it-yourselfer!

As someone with bodyshop clients and have adjuster and estimater friends, this is GREAT advice.

Don't talk ANYMORE to Progressive. Geico will handle the claim as subrogation claim, and will get the deductable recovery for you. This is what you pay Geico for.

BTW, no fault accidents are no points against you.

Good luck.

Andy
02 M3 CB/Cloth SMG

Originally posted by numbersguy
When my truck was sideswiped on the freeway I made a claim with my insurance company, GEICO, paid the $250 deductible and let GEICO go after the jackass driver's schlock insurance company.

I met the GEICO adjuster at the best body shop in town and was amazed as he wrote off parts that were barely scratched. My driver side power mirror had popped off it's mount and was dangling from the power cord. I popped it back in on the side of the freeway and it worked perfectly (thank you Ford) and didn't have a mark on it despite being knocked off by the collision. When I told the GEICO adjuster about this he just wrote the sucker off and bought me a new one.

Understand that this schlock insurance company and its adjusters and attorneys are your legal adversaries. You've already had too much contact with them and you've undoubtedly made statements that would work against you in court in the unlikely event that you would take them to court. If GEICO is willing to handle this for you then by all means use them to get your car taken care of and stop talking to these jerks whose job it is to stiff you and your passengers. Considering the possibility of an injury claim in a situation like this I am disgusted that they would try to screw with you on your property claim. Well, I guess they are specially trained in dealing with claimants who haven't a clue about their legal remedies.

And about the deductible: GEICO recovered it from the other insurance company, Allstate I think, and sent me a check about two or three months later.

Looks almost exactly like the accident i had in May 02 except that i was hit on the drivers side. Not a scratch on me; BMW should really start playing up safety as Volvo does. She had to be going atleast 40mph.

My insurance (State Farm) vs her insurance (Allstate). I had State Farm deal directly with Allstate for totalling the car and i didn't have to pay a dime, not even deductible since it was her fault. It took about a week for that process to end and maybe another week for me to get a new car.

As far as injury claim, i didn't go the hospital right after either. I went about a week or so later, then did physical therapy for a few weeks even though i didnt' really need to. It was just something i did so that i could increase my injury payment. I must say that Allstate was great to work with, no hassle, no pressure. I didn't get a lawyer, did it myself and was happy with the result.

But for you, it sounds like Progressive with be a pain in the a$$ so i'd get a lawyer. If i had to do all over again, i'd probably get a lawyer so that i'd get more money. Just my $.02

You don't need a lawyer. Geico has lawyers. You need to let your insurance company do its job. Progressive won't even try crap with them that they will give you as a matter of course. They will also insist on a full repair done by a quality shop - and they will guarantee it (or require that the shop does). Trying to do this yourself is just nuts.

Now the bastard's saying the light was green!??
Did you get a 3rd party witness? Unless the stoplight had a red light camera (the only time when you would WANT one there), it's going to turn into a he says this they say that kinda of match.