Wrecked Third Gen Tacoma - Diminished Value check?

I wouldn’t touch the video card at all. And no editing- if a lawyer sees it was cut or tampered with, he’ll get it dismissed and poof goes the best defense evidence. As with any accident, there is always a possible “oh my neck hurts and it’s his fault” lawsuit days after the accident happened.

 

In California you are Not running a red if it turns from yellow while you are in the intersection, in fact you still have the right of way to side traffic and they have to wait before going on their green until you clear the intersection. That’s why you can enter the intersection part way past the limit line to turn left, so if it turns red on you, you can still go while the opposing traffic has to stop. But keep your wheels turned facing straight ahead before turning in case you are rear ended so you don’t fly out into opposing traffic.

Fun fact: Unlike many other states, you can also change lanes in California while going through an intersection on a green- I won a failed driver’s test appeal on that one!

 

Coulda sworn that California was a restrictive yellow state when I took my test there. I know that some states are restrictive and some permissive. Looking it up, looks like the restrictive yellow states are Iowa, Michigan, Mississippi, Nebraska, New Jersey, Oregon, Virginia, and Wisconsin

 

Oh man, I know those - growing up here in Cali, I got into a dumb argument with my wife in Wisconsin when we were there because I drove “through a red” and changed lanes while doing it!

 

Not entirely true. The Insurance co. and repair shop are responsible for that vehicle being in safe operating condition. If any part of the repair fails and causes a loss (accident) they are liable. But that said all shops are not created equal.

In Wisconsin you must be over half way through before the red.


OP- Just had a thought. What if you traded for new Taco before it is repaired? Could you use the diminished value check to pay down the principal? You could avoid things like GAP insurance, driving a vehicle that has been wrecked, and the nagging feeling of something ain't right, and hasn't since the accident.

 

Not sure if I mentioned it here but the truck is less than three months old, and I put about $20k down. I’ve made two payments on it so far.
Realistically it will take a bit for the diminished value check to come in and I can’t imagine a dealership wanting to take it in it’s current condition.

I think my best course of action is to try and get a new (metal) bumper and LED lights out of it.

 

my only question, would be -- it appeared to me from the video that you made no attempt to brake whatsoever?? I am not blaming you please understand, and it looks like the other driver was where he should not have been. The other guys insurance may say YOU made no attempt to avoid the collision? In some they (insurance company) may not blame the other driver 100%.Before you use the video have someone who really knows the laws where you were at, and knows the insurance rules there as well --look at the unedited version. Some may say you were talking to your lady friend and not putting your full attention on the road?? Lawyers and opposing insurance reps really know how to TRY to twist the truth. There job is to get out of paying you PERIOD.
Forgive me for playing "Debbie-Downer here. I hope you had a witness to him saying he was 100% in the wrong.
Good luck!

 

I did break but it’s hard to tell in the video. Obviously wasn't enough.

I had the right of way and he ran a stop sign, I don’t think I need a witness ¯\_(ツ)_/¯

 

Was a ticket given by the officer? sorry if I missed that earlier.

 

Not to my knowledge.

 

Any idea why not?-- reason -- a violation ticket usually seals the deal in your favor. You should get a definite answer on this point --or let your insurance co do it --they probably will get the acc. rpt. as standard procedure-- if no ticket given to him your video becomes very impt.!!

 

Diminished value is a state by state basis. Some states are harder than others. In MA, for example, diminished value basically doesn't exist. Before my Tacoma was totaled out I inquired and was told any claim would be rejected. I suppose I could have consulted with one of the so-called experts that advertise online, but I never go that far.

In my case the initial repair estimate per my company's adjuster was for just under $6,200. The other at-fault party's adjuster came in at about the same. The bodyshop felt the frame was damaged enough to write a frame replacement as part of the estimate and thus my truck was totaled. Initially the at-fault party's company was willing to total me out, whereas my company wanted to repair. I initially started the process with the at-fault's company until they tried to pull a fast one on me and were going to total the truck but not purchase it from me. Thus I would get the total loss value, less sales tax, less salvage / scrap value. At the time the delta between the total loss value and scrap value was only on the order of $9,000 and I'd have to store my truck and trash it from there. After realizing that, I re-engaged my insurance company and pushed for a total loss. They gave me a value for the truck, a value for the modifications and sales tax on top of everything. I would never use the at-fault's company. Since your company will be subrogating against the other company, they are more likely to work with you on the value.

Later that year I was in another accident. This time I was in my wife's car and was also not at fault. The initial estimate was in the $6,000 range and the damage initially didn't look nearly as bad as my truck's damage. The body shop (same as before) felt the underside was tweaked enough to warrant concern and to their credit, they admitted that it would need too much straightening work to get it 100% and I'd ultimately always end up with drive-ability issues. I don't know how they finagled the estimate, but my wife's 8 month old CX-5 ended up totaled. This time I only dealt with my company as I had the new car replacement and ended up getting MSRP, less 50% of destination (that was totally BS and I had to fight it) plus the add-on remote start, plus sales tax.

That being said, dealing with your own company, especially when you are not at fault will net a better end result, at least based upon my experience. As long as you take it to a body shop that you trust and has a good reputation, you won't get screwed. The shop I went to could have easily taken the money and put both vehicles back together, and ultimately probably done a fantastic job, but they knew their limitations and I highly respect them for that.

 

I don't. I'm not from Nevada - I know in WA the cops basically never show up to an accident unless called.

 

You certainly are an opinionated fellow.

Insurance companies make money by keeping their insured as clients as long as humanly possible (at least the ones who fit within their risk profiles). The last thing they want is for you to be pissed off with a repair during the rare instance that they actually have to serve you. Like a good neighbor?

The certification process for shops to obtain preferred status with a major insurance company is not an easy one and requires the shop to hit high quality metrics and carry extensive certifications. I spent many years working in the industry and know all of the good shops here in my city. If I had to name the top 10 body shops, none of them would be dealerships. As the margins on cars have gone down, the body shop has become an important profit center for the dealerships, but it is by no means the best choice every time.

Take a look at which shops in your area have had their I-Car Gold certification the longest. Talk to your friends and neighbors who have had body work done and see if they would recommend the shop they used. Look at their car and see if it's fixed to your standards. Look at reviews on Yelp and other sites. Visit shops and inspect where they'll be doing the work and inspect the cars they're working on and those that they've fixed. Finally, make sure you've got a written, lifetime guarantee on the work. That's my 2 cents.

 

OP if you are back in Seattle go see my friend Jeff at Haury's Collision in Lake City. Trust me.

http://www.hauryscollision.com/services/diminished-value/

 

I just watched it again, and now I'm wondering why OP didn't swerve to the right (instead of to the left and subsequently straight into the guys door)?? Had he went right there would have been a good chance of avoiding the collision..

 

Split second decision. It makes sense to go left as the entering driver could see you last minute and stomp the brakes. In that case, going left would've been the right call.

 

You have said this but every time I watch the video I see the car stopped at the intersection prior to the other truck turning. ¯\_(ツ)_/¯

 

There was a solid 2 seconds of the car pulling out into the road that were not reacted to.

Car starts pulling out at 1:06, OP reacts by going left at 1:08..Reaction time could have been faster IMO, but I'm not slamming OP because shit happens and I totally understand.

The other driver was still at fault 100% and I'm astonished that they weren't ticketed.

 

A driver's default reaction in accidents is to protect themselves, usually by steering to whatever side they perceive will bring themselves the most safety. Shotgun position tends to be the most dangerous in accidents, because they're in front and because the driver subconsciously protecting themselves (by steering usually) means putting the front passenger in harm's way. It's just an automatic reaction we tend to have without thinking. Yeah, from the safety of our chairs and computers it's easy to think he coulda braked and could steered the other way, but it's just how things are.