Well at 1352miles MZ3 meets idiot driver and Chrylser 300

[CSVT#49]

Well some stupid person in Blaine, MN who doesn't know how to drive her 2005 Chrysler 300 slammed into the side of my wife's brand new 09 Mazda3. First off everyone is fine so no worries there. However the car you are looking at only had 1352 miles on it :mad:

Wife was in the far left lane of a 4 lane highway going East bound and the woman in the 300 lost control of her car in the far right lane (going to fast, idiot) and slid into her at a 45deg angle causing my wife's car to do 3 360's skidding her car across all 4 lanes of traffic before she was able to bring it to a stop on the South side of the highway with her car facing West to oncoming traffic. It's amazing her car was only hit once and no other cars were involved. Also I'm surprised that the damage to her car isn't more extensive. I think if it was hit any more to the rear damaging the B-pillar it would have been totaled.

Anyway on with pics.

The other person's insurance is paying for all of the repairs as well as a rental car, but I'm just pissed because I'm sure the car will never be the same. Not only that we now have a loan out for a car that is no longer worth what the loan is for... I'm going to see if I can get a lump sum for diminished value once the car is fixed as well to help offset the drop in value. On that note has anyone ever had an accident with a car this new? I'd be interested in any suggestions on how to go about with dealing with this.

The insurance adjuster has not come out to our house to look over the car yet, but I'm hoping that will be done today. The accident happened on the Dec 22nd.

 

[paylew]

Damn, that sucks. GL with everything!

 

[bgibb68]

dimenished valuse claims depend on the states i think....and can be a pita to deal with but at least you have the person responsible.....a hit and run got my car when it was 2 weeks old and did over 6k in damage

 

[GoFast]

ouch keep us posted. glad to hear your wifey is ok

 

[TheMAN]

mine took way more than that and it didn't get totalled

be happy your frame didn't get bent

 

[protege02]

get a lawyer and if the lady that hit ur car got tickets and there is obvious proof of wreckless driving then use that against her, and try to find out every little thing about the resale value of the car before and after the accident, and calculate ur current negative equity if you have any and go from there. my protege was rear ended by a guy in a 350z and he totaled it and I took him to court and they gave me everything that i asked for which was $4800 + whatever the fees for court and other fees. I gave one of my cousin's co-worker $1000 since he couldn't be my lawyer(my cousin is a lawyer). also, he got charged with hit and run and someone(still dont know who) called him in(lucky me). just get the info stated above, check to see if it's allowed to get diminishment reinbursement in your state, and consult with a lawyer that doesn't charge for consulting and go from there.

 

[BurnoutX]

i wouldn't say slammed.

more like harpooned and dragged along.

 

[wolverine_man]

Hope your experience is better than mine. My pristine 3 got T-boned while I was parked and I'm on my third paint job at a different dealership because the first place did a horrible job. Check out my thread in the Mazda Car Care and Detailing forum.

http://www.mazdas247.com/forum/showthread.php?t=123727786

 

[Chibana]

That sucks, but I must say, I love your SVT.

 

[CSVT#49]

Well I received a call from State Farm today... they are giving us $1901.66, which includes basically repainting the whole passenger side of the car repairing the rear passenger door, replacing the front passenger door shell and repairing the front fender. However obviously if the repair shop finds anything else it will be covered as well.

When I mentioned seeking a diminished value claim when the adjuster came on Monday he basically snickered... and well heres how the conversation went

adjuster:hate to burst your bubble, but MN doesn't support DV claims
me: well I researched it on the web and there have been a number of DV claims in MN in just the last few years. I have up to 6 years after the incident to file for DV.
adjuster: well are you planning on selling the car?
me: well my wife and I have discussed trading it in or selling it after 5 years.
adjuster: well there are not very many 5 year old cars that haven't been in a accident.
me: are you kidding? My SVT over there is 10 years old and hasn't been in an accident and my Camaro on the side of the house is 33 years old and hasn't been in an accident and my brothers 04 Neon SRT4 hasn't been in an accident... I could name plenty more.
adjuster: *long pause* well I'll be in touch with you.

So I have a feeling I'm going to have to pull up the court cases and contact my lawyer friends... freak'n ridiculous. Wondering if it's worth it. There is an online company that will go through all of the hassle for me, but they keep 33% of any amount they receive out of the claim and if they don't get anything it costs me nothing. So if anything else maybe I'll pursue that front depending on what my friends tell me.

That sucks, but I must say, I love your SVT.

Thanks. One of these days I'll finish the cardomain website for it.

 

[skylar2ups]

I think mine beats yours...
I got hit by an F-150 and my car is nothing like it used to be! Makes me a little sad because I loved my car before... and now... well I wish it would have been totaled.

 

[wolverine_man]

I was actually t-boned by another motorist while my car was parked. My insurance claim was filed under his policy, with myself being the claimant. Well, after two repair attempts at the original garage, I have gotten an estimate at a second dealership to have the repairs corrected. I had issues with paint mismatching, proper door sealing, etc.

I am actually also an attorney who practices in the state of Michigan. I don't do too much consumer law, but I previously succeeded on my lemon law claim for my 2007 Jeep Wrangler. Right now, I am in the process of researching the merits of brining a diminished value claim in the state of Michigan against AAA insurance. My father also happens to be my insurance agent and he works for State Farm. I have asked him about my own policy, as regrettably I don't have a copy of my auto insurance policy. I awaiting a copy in the mail, but he infors me that on page 22, there is a clause that excludes compensation to policy holders for diminished value.

Now, what's interesting is that State Farm was sued in a class action in the state of Georgia in 2001, under the theory of DV. The plaintiffs won, and the state of Georgia now recognizes DV claims. State Farm was also sued in Washington state in 2003 under DV.

That being said, even if my policy excludes a DV claim, I would actually be filing the claim against AAA, the company who insures the motorist who hit me. I am guessing that there will also be a clause which prohibits DV claims, BUT my argument might be something to the effect that I am not a AAA policy holder and thus did not contractually agree to that exclusion by purchasing such a policy, and certainly did not agree to the terms and conditions of the AAA policy by being hit by one of it's policy holders. That may not be the most persuasive claim to make, especially if my own policy excludes such claims, but I am still researching the matter. I believe I could definitely prove, injury, causation and damages, though, especially if the second garage cannot match the paint and restore me to the same position I was in prior to the collision.

 

[thejeans]

sorry for bringing up an old thread but
my moms 06 civic got totaled with 1200 miles on it she only had it for 3 weeks, the guys insurance gave my mom a check for what she paid for the car since it was still so new...