The Lotus Cars Community banner

1 - 20 of 83 Posts

·
Registered
Joined
·
570 Posts
Discussion Starter #1
Well I haven't posted in a while, as I've been very busy. But I need everyones opinion/guidance for this one.

I took my car to discount tire to have some new wheels put on. Normally they are very good about handling my car. (i've had several tires put on in the last year)
About 30 mins after they pulled my car into the bay they called me out into the bay, this is what I find:



Their official story is they went to back the car out of the bay, it jerked forward and struck a tire inflation rack. Obviously they started the car in gear and it jumped.

They provided me will all necessary info for their claims dpt. and I have been dealing with them for the last 2 weeks. They valued damage at about 9k, which is actually a little higher than my quote according to prices on Lotus Garage. They have agreed to pay all shop fees and parts, and the car is at a shop I contacted and I'm very familiar with so I've been working close with the owners of the shop.

My problem is they have not addressed two key points. Lose of use of the vehicle, and diminished value.

I have contacted my attorney several times and they have been very enlightening. They did suggest that I post here and ask everyone about their experiences so I would have some evidence to prove the diminished value. I have seen most of the threads and links on LT regarding diminished value, but most of them involve vehicluar accidents, not a negligence case.

Any feedback, information or suggestions are appreciated.

Additional Pictures:


 

·
3Xtothe0[]
Joined
·
489 Posts
Wow, sorry to see that...-eek-

Is it your DD? Loss of use of vehicle and dimished value is usual something you would have to fight since Insurance will only want to pay for repair costs. I don't know what Texas law says but your attorney should make the argument along case lines.

This is why I jack the car and only take the tires to be replaced, all they can do is wreck the rims (which they better not) but much cheaper then this sad result. Sorry for the loss......



.
 

·
Premium Member
Joined
·
5,176 Posts
So sorry to see that. It breaks my heart! Had the same thing happen at a Chevy dealership with my exes chevy except that they ran into a salesman who stopped the impact into a brick wall. Broke both his legs. I would fight for diminished value. Loss of use is usually only on a daily driver, but who knows? Best of luck to you!
 

·
3Xtothe0[]
Joined
·
489 Posts
Their official story is they went to back the car out of the bay, it jerked forward and struck a tire inflation rack. Obviously they started the car in gear and it jumped.
Sounds like they didnt know about lifiting the shift level to put in reverse and ended up putting it in gear , most likely first.




.
 

·
Closer than you think
Joined
·
2,222 Posts
Here's how I look at diminished value:

If I had seen those "before" photos and was considering a purchase of that car (fully repaired) verses an identical car without the accident history, I'd offer 3K to 5K less.

Of course, this is a study with n=1...
 

·
Registered
Joined
·
570 Posts
Discussion Starter #7
Sounds like they didnt know about lifiting the shift level to put in reverse and ended up putting it in gear , most likely first.
.
Thats a good possibility too, I did not think of that

Had the same thing happen at a Chevy dealership with my exes chevy except that they ran into a salesman who stopped the impact into a brick wall. Broke both his legs. I would fight for diminished value. Loss of use is usually only on a daily driver, but who knows? Best of luck to you!
That has to be one of the most horriable stories I've ever heard!

It is my DD. They tried to get me a rental but the agency has to have a hard copy of your driver license, all I have is a copy since my wallet was stolen recently.
 

·
Registered
Joined
·
570 Posts
Discussion Starter #8
Hey at least you're not this guy:



HOLY HELL. That is insane

Here's how I look at diminished value:

If I had seen those "before" photos and was considering a purchase of that car (fully repaired) verses an identical car without the accident history, I'd offer 3K to 5K less.

Of course, this is a study with n=1...
thats about the price range I have seen, I've emailed several dealers hoping to get a letter stating that exact price range
 

·
Premium Member
Joined
·
321 Posts
I had to replace my front clam due to a retread ripping the plinth out of the middle of my clam. When all was said and done my insurance paid out $11,500! That was for the front clam, star shield, the three grills, front inspection cover (under the front) and paint/labor. One thing that drove up the price of mine is that my car is CO and they did respray my entire car. To me your estimate sounds low and your clam damage was much worse than mine.

Good luck with getting everything taken care of properly.
 

·
$3(uR3 u$3r
Joined
·
430 Posts
Hi. Sorry to see this. From what I have read on this site, that looks like a lot more than 9k. Better get it to a Lotus dealership for a true quote.

Hope all works out well.

Alex
 

·
Registered
Joined
·
277 Posts
I had to replace my front clam due to a retread ripping the plinth out of the middle of my clam. When all was said and done my insurance paid out $11,500! That was for the front clam, star shield, the three grills, front inspection cover (under the front) and paint/labor. One thing that drove up the price of mine is that my car is CO and they did respray my entire car. To me your estimate sounds low and your clam damage was much worse than mine.

Good luck with getting everything taken care of properly.
+1

I also think your $9k estimate is too low.
 

·
Registered
Joined
·
176 Posts
It seems you don't have a collapsible tow hook in the front? If it was hit in the front and the tow hook was pushed in, it could possibly damage the frame. Might want to have that checked out, too
 

·
Registered
Joined
·
6,915 Posts
This is why I jack the car and only take the tires to be replaced, all they can do is wreck the rims (which they better not) but much cheaper then this sad result. Sorry for the loss......



.

Absolutely
 

·
Registered
Joined
·
297 Posts
9k is way too low. Clam itself is about 6k. Call a lotus dealership and they'll recommend a body shop that has dealt with lotus. The body shop will give you good estimate. I bet its closer to 15k. Sorry to see this.
 

·
Acme Super Moderator The Enforcer
Joined
·
6,627 Posts
I have personal experience with diminished value. It took me a long time to get anything out of the insurance company, but I did get $4K after expenses. I had to hire a lawyer but $4K is better than nothing. I got nothing for loss of use.

San
 

·
Registered
Joined
·
736 Posts
It seems you don't have a collapsible tow hook in the front? If it was hit in the front and the tow hook was pushed in, it could possibly damage the frame. Might want to have that checked out, too
I was thinking the same thing as I was looking at the photos and scrolling down. Looks like she took a good thump, and I would seriously question the structural integrity of the car and have it checked thoroughly.
All insurance companies I've dealt with, cover replacement value and loss of use rentals.
Damn man. You had your wallet stolen too? My condolences to your car and wallet. We should all pool together and buy you a few rounds at the pub one night to help forget it all for awhile.
Hope all goes a bit smoother and ya get a speedy recovery
Cheers,
 

·
Ticket Magnet
Joined
·
1,055 Posts
Sorry to hear about this.

It does appear that you have a tow hook and it does appear moved back - maybe it is just me.

I would guess that there is LOT more than $10k in damage there.

I have been tracking reconstructed/salvage/whatever-you-want-to-call-it titled cars and they lose right at 25% of their value - newer more, older less. If they don't total it and don'r repaint the whole thing, I would guess 15%-20% of value. If it was in the care of a professional shop and they move cars as a part of their daily skills - you have a shot at careless negligence. Do they have a checklist/training manual for operating the tire machine? How about moving a manual transmission car? Why not?

Good Luck
 

·
Registered
Joined
·
100 Posts
I had some one back into my passenger rear and damaged the rear clam and by the time I got done with the insurance company ( with out a lawyer) the damages est 17k for a lotus shop in dallas and I went after diminish value and equivalent rental cost for the time until it was back in my possession ( the rear clam from lotus was on back order so a few months of rental ) they cut me a check for his total liability coverage of 25k. There is a company the specializes in diminish value. That who I contacted and it was up around 8 k of diminish on mine.


Sent from my Autoguide iPhone app
 
1 - 20 of 83 Posts
Top