*Updated - 560 Miles and got tagged
- Thread starter jmickle11
- Start date
Pasty_Man_Thighs
New member
I went through a similar situation about two years ago with my Runner. First off, don't settle on the shop that is going to do your work. I reached out to the guys insurance company to get a list of their "recommended repair shops." I then did a ton of research and found one that had great reviews and were willing to answer my questions. I also demanded all OEM parts. I sent my vehicle back once because my side mirror was scratched. They replaced it, no questions asked. Don't settle on anything, make sure everything looks and feels the same before saying you are ok with repairs. All in my repairs totaled just under $13k and I had a loaner for 6 weeks.
Now for the diminished value claim: After the repairs were all done, I took the vehicle to Carmax to get appraised. I then took it to two other local dealerships to get a trade in value. I then went "shopping" for the exact model 4runner I had with all the same options and roughly same mileage. Key here is to go across the country. I then took the three highest values of cars being sold and compared that to the average of the three trade in values I got from the dealerships. I then figured out the difference between those values and tacked on an extra $2k for wiggle room in negotiations with the insurance company. I contacted them, sent over all my research. They balked at first because I was asking for $7k in diminished value and they were offering $1500. They tried to tell me an SR5 was similar enough to my trail. I firmly said no. Reiterated my $7k demand. The adjuster said they'd have to get supervisor approval but they stressed they didn't think I could get it (it's their job to pay out as little as possible). After a week of back and forth and them only coming up to $3500 I finally said, either you can pay me $6k or any further negotiations can be directed to my lawyer. Needless to say they caved and I got my $6k. I think the important thing here was that I was organized, had multiple sources of information, and stuck to my guns.
Ultimately I kept my truck, immediately paid down the balance with the diminished value funds and moved on with my life. I've had zero issues since but I know the shop who did the work is top notch. Had I not been ok with the shop's work I would've swapped out with the diminished value funds and moved on. Just thought my experience might help you out.
Sent from my iPhone using Tapatalk
Attachments
Rapid_Amble
New member
This is an awesome outcome, it seems!
jmickle11
New member
Thanks! I just was put onto a top notch body shop from a friend from High School that teaches body shop at the high school where I'm from. Came highly recommended and I'm confident it will be fixed right. I may have to push with insurance as they are stipulating re-conditioned wheels but I won't accept that so hopefully I can work that out.
From there, I'll focus on diminished value but I want to make sure I have the research lined up before pursuing that. All in all, I think I'll end up Ok.
cb1111
Member
Car accident + not your fault + significant damage + injuries = lawyer.
WTF is so hard about that? They may take a part of the settlement but they will - almost without exception - still get you more money than you would get without a lawyer.
Yes, it is hard to justify "what???? They're getting 30% for a few phone calls and a letter or two", but you've got to get over that and look at the $21k settlement with a lawyer (so $14k to you) is better than the $10k you might get without a lawyer.
Further, the first thing a lawyer will tell you is to stop posting - but that doesn't mean that you can't come back with "here's my new ride"
WTF is so hard about that? They may take a part of the settlement but they will - almost without exception - still get you more money than you would get without a lawyer.
Yes, it is hard to justify "what???? They're getting 30% for a few phone calls and a letter or two", but you've got to get over that and look at the $21k settlement with a lawyer (so $14k to you) is better than the $10k you might get without a lawyer.
Further, the first thing a lawyer will tell you is to stop posting - but that doesn't mean that you can't come back with "here's my new ride"
Hans Moleman
New member
How should one approach selecting a good accident / injury lawyer? I hate just to go off of Yelp reviews because of all the shills.
badattitude
Member
Been following this thread... I called a lawyer when this happened to me. It was a lawyer I was already paying for another issue, so had an existing relationship. I had scrapes and a bruise. Not my fault, witnesses present, favorable police report and a totaled 4runner (airbags deployed).My consul said it will cost $3000 to get started.
He will ask are you hurt. That is the money question.
I said just a bruise and scrapes. He didn't think there was a payout beyond what I'd get without his help. He gave me some tips about fair value, not accepting an offer I didn't think was fair. Using nearby comparable vehicles to make my point about value. Some of the same stuff said in this thread. Progressive (other driver insurance) tried to show me 4runners 200 miles away with 50,000 more miles as comps, no way! Your comps are brand new $runners so show them your comps when they show theirs.
I got an extra $500 from the other driver's insurance for the bruise and scrapes. I had to push hard to get fair value for my 2008 4runner ($15,500) Other driver had Progressive. I guess I could have demanded $1000 for the bruise, but it was just a 5 inch bruise and I wanted to be fair. I was lucky not to be hurt beyond that!
My point is lawyers are expensive and unless there is a big personal injury payout on the horizon, it just does't pay to get a lawyer. It sucks but that is the economics of the situation. If the OP is hurt then by all means go the personal injury route. But if it's mainly the auto repair just push hard for fair value, get estimates from expensive repair shops and don't take no for answer. If the conversation about value stalls, say let's talk tomorrow. Time is your best negotiation tool. You have to have more of it than they do. Get a rental if you need to, pay out of pocket, you will get reimbursed if the accident is their fault, its called Subrogation.
You need to get your 4runner totaled. Sounds like the driveline issues will total it. Be patient. Insurance will push back hard because it's brand new. You have the power to say no, no no until they agree. Put yourself in a position where you have time to wait. They will get ready to settle 30 days after the accident as they have more motivation to close a deal than you. You are in a position of power because this was not your fault.
He will ask are you hurt. That is the money question.
I said just a bruise and scrapes. He didn't think there was a payout beyond what I'd get without his help. He gave me some tips about fair value, not accepting an offer I didn't think was fair. Using nearby comparable vehicles to make my point about value. Some of the same stuff said in this thread. Progressive (other driver insurance) tried to show me 4runners 200 miles away with 50,000 more miles as comps, no way! Your comps are brand new $runners so show them your comps when they show theirs.
I got an extra $500 from the other driver's insurance for the bruise and scrapes. I had to push hard to get fair value for my 2008 4runner ($15,500) Other driver had Progressive. I guess I could have demanded $1000 for the bruise, but it was just a 5 inch bruise and I wanted to be fair. I was lucky not to be hurt beyond that!
My point is lawyers are expensive and unless there is a big personal injury payout on the horizon, it just does't pay to get a lawyer. It sucks but that is the economics of the situation. If the OP is hurt then by all means go the personal injury route. But if it's mainly the auto repair just push hard for fair value, get estimates from expensive repair shops and don't take no for answer. If the conversation about value stalls, say let's talk tomorrow. Time is your best negotiation tool. You have to have more of it than they do. Get a rental if you need to, pay out of pocket, you will get reimbursed if the accident is their fault, its called Subrogation.
You need to get your 4runner totaled. Sounds like the driveline issues will total it. Be patient. Insurance will push back hard because it's brand new. You have the power to say no, no no until they agree. Put yourself in a position where you have time to wait. They will get ready to settle 30 days after the accident as they have more motivation to close a deal than you. You are in a position of power because this was not your fault.
Attachments
Last edited:
cb1111
Member
This is the difficult part. You need a lawyer that is well versed in vehicle accidents, but isn't an ambulance chaser.
Most large cities (LA, Chicago, DC and whatnot) will have sort of a regional magazine listing "the 10 best". For lawyers you can also always call the bar association.
and this is what happens when you don't choose your lawyer wisely, because this one gave you very bad advice.
The first bad advice was not telling you to go to a specialist. You're in a bad accident and get your arm half ripped off. You have a buddy who is a podiatrist and he treats you instead of sending you to the ER. That's what you did and it cost you - probably $10k.
No car gets totaled (or nearly totaled) without some injury far worse than a bruise. Did you lose time off from work? Go to a doctor? Have a headache and feel lightheaded?
When I got hit 5 years ago going to work, I continued on but at the end of the day went to the ER where I was diagnosed with a concussion and whiplash. I ended up going to an attorney that (completely aside from any money) made me go to an orthopedic that actually treated my injury and helped me heal. Without her, I would have shrugged it off, but would still be in pain. As it is, I still get a twinge now and then and go back.
Bjohnson425
New member
what part of indiana?
CavPro
Member
Don't accept recon'd wheels!
I had a firestone blowout on my other suv and it did 2k damage to the right rear of the truck, they used recon'd alloy OEM wheels from a major distributor of these wheels. Fast forward 7 years towing a 10k travel trailer and slowed in rush hour traffic from 65 mph. A few minutes of stop and go traffic and suddenly the truck would not accelerate, knew right away it was a flat tire. Got into a construction zone and saw that the entire bead flange had fractured then split circumferentially, I changed it out then drove to a local (out of town) discount tire. When the tire was broken down what did I find on the broken wheel? The labels from the refurbish company. I went round and round with the body shop, they pushed it off to wheel company. Also went rounds with the insurance company but both stated that too much time had passed to do anything about it. DO NOT ACCEPT THOSE WHEELS! 99% of them are most likely from wrecks where nobody can say if they are going to be okay. I told them both that wheels should be treated like any other safety item that should not be used.
I had a firestone blowout on my other suv and it did 2k damage to the right rear of the truck, they used recon'd alloy OEM wheels from a major distributor of these wheels. Fast forward 7 years towing a 10k travel trailer and slowed in rush hour traffic from 65 mph. A few minutes of stop and go traffic and suddenly the truck would not accelerate, knew right away it was a flat tire. Got into a construction zone and saw that the entire bead flange had fractured then split circumferentially, I changed it out then drove to a local (out of town) discount tire. When the tire was broken down what did I find on the broken wheel? The labels from the refurbish company. I went round and round with the body shop, they pushed it off to wheel company. Also went rounds with the insurance company but both stated that too much time had passed to do anything about it. DO NOT ACCEPT THOSE WHEELS! 99% of them are most likely from wrecks where nobody can say if they are going to be okay. I told them both that wheels should be treated like any other safety item that should not be used.
jmickle11
New member
I definitely won't. I'm still waiting on the at fault person's adjuster to come get an estimate. My own insurance gave an estimate 3 days ago with recond. wheels and I expect Progressive to do the same.
If they don't budge in the end I'll pay the damn difference.
At this point, I just want to get repairs started. I appreciate everyone's advice on this.
jmickle11
New member
Muncie
ColoradoKid
New member
Damn, that's a drag. For what it's worth, I had a similar situation and the repair shop did find considerably more damage once they got into it—adding several thousand more to the repair cost.
jmickle11
New member
Update - Diminished Value
Long post but worth the read if you are in a similar situation. I wanted to give an update on my diminished value claim. Once the 4Runner was repaired, I informed Progressive that I was pursuing a diminished value claim. Keep in mind in Indiana there is no set formula or legal requirement for diminished value.
I started out with a letter from my dealer stating diminished value along with a trade in offer from them showing the CarFax report with the significant accident on it. The dealer also gave an offer letter for an identical 2019 4Runner with no damage. Progressive rejected this and told me I actually had to sell or trade in my 4Runner to show that I actually lost value.
With that, I went a few steps further and did some research and Provided Progressive with the following information:
1. I obtained a purchase offer from CarMax in which they ran a CarFax and found the accident showing the price adjusted down for the accident.
2. I obtained a purchase offer from Carvana which also noted the accident and adjusted the price down.
3. Searched and found an identical used 2019 4Runner SR5 Premium with similar miles for sale that had a clean CarFax and printed that off.
4. Searched and found 4 2019 sr5 Premiums across the country with low miles with accident histories and printed off all of them showing far less sales prices than the clean 4Runners.
I submitted all of that and Progressive still refused any payout. I even escalated to the manager of claims and he stated that Progressives stance was that no payouts occur until the loss is actually realized by a sale or trade in.
Next step: I contacted the Indiana Bureau of Insurance to log an official complaint against Progressive outlining all of the information that I sent to Progressive. The Bureau of Insurance then sent a letter to Progressive giving them 20 days to respond...I did not see this letter but would certainly like to given my outcome.
Today I received a call from Progressive and they offered $2000 for diminished value. I accepted that offer.
So, bottom line is do your homework and stay with it. It's been a lot of phone calls, research and waiting but it paid off.
Long post but worth the read if you are in a similar situation. I wanted to give an update on my diminished value claim. Once the 4Runner was repaired, I informed Progressive that I was pursuing a diminished value claim. Keep in mind in Indiana there is no set formula or legal requirement for diminished value.
I started out with a letter from my dealer stating diminished value along with a trade in offer from them showing the CarFax report with the significant accident on it. The dealer also gave an offer letter for an identical 2019 4Runner with no damage. Progressive rejected this and told me I actually had to sell or trade in my 4Runner to show that I actually lost value.
With that, I went a few steps further and did some research and Provided Progressive with the following information:
1. I obtained a purchase offer from CarMax in which they ran a CarFax and found the accident showing the price adjusted down for the accident.
2. I obtained a purchase offer from Carvana which also noted the accident and adjusted the price down.
3. Searched and found an identical used 2019 4Runner SR5 Premium with similar miles for sale that had a clean CarFax and printed that off.
4. Searched and found 4 2019 sr5 Premiums across the country with low miles with accident histories and printed off all of them showing far less sales prices than the clean 4Runners.
I submitted all of that and Progressive still refused any payout. I even escalated to the manager of claims and he stated that Progressives stance was that no payouts occur until the loss is actually realized by a sale or trade in.
Next step: I contacted the Indiana Bureau of Insurance to log an official complaint against Progressive outlining all of the information that I sent to Progressive. The Bureau of Insurance then sent a letter to Progressive giving them 20 days to respond...I did not see this letter but would certainly like to given my outcome.
Today I received a call from Progressive and they offered $2000 for diminished value. I accepted that offer.
So, bottom line is do your homework and stay with it. It's been a lot of phone calls, research and waiting but it paid off.
Bumbo
New member
Just throwing this out there, but your center transfer case doesn’t operate unlocked, meaning that it’s is supposed to wobble / bind up on high traction surfaces when making turns.
Unless you were on dirt, I would expect that from my 4WD system on pavement. If you were on dirt, or driving straight and got a bunch of that, then I would be concerned.
Glad you got it all sorted out too.
jmickle11
New member
Yeah, you are correct...it's fine...back to newbie status with an actual 4wd...coming back from an AWD so I forgot about the dry pavement wobble!
