Advice needed for car accident/insurance stuff

Not sure about the laws in your area, but here in Texas, insurance adjusters do not "just use NADA" so I would question your adjuster about this.  I would tell your adjuster that you want them to run a local search of comparable vehicles for sale; there are MANY services that insurance companies use for this to determine the true vaue of the vehicle, as NADA and Kelley Blue Book are often not very accurate.

If that doesn't work, you may want to threaten legal action; unfortunately, sometimes this is what it takes to get the company to act fairly.

Even if it's at the 75% value they still don't have to total it.

I wrecked my Honda going off the road on black ice a few years back.  The value of the car was something like $6k and the estimate to repair was $5k.  They still didn't total the car because when they came out to look at it they could not justify it.  There was only one really big dent so they decided they would rather repair it.  What made that one dent expensive was that it was on the rear quarter panel and thus would require welding.  That equals lots of dollars apparently!

I guess bottom line, it's their decision and as long as a reputable shop does the repairs I doubt it will do TOO much to the resale.  You could also just keep it and drive it into the ground.  That's my policy on vehicles. Where are you getting the 20% figure for it being 20% off what you could have sold it for?

The 20% is a number based on the fact it won't have a "clean" title history. Because the damage is tied to my VIN number, now when anyone goes to buy it and runs the VIN number, they will see how much damage was done to it. 20% was the number I got off a diminished value info website, but in real life I don't know exactly what the diminished value is. All I know is that I wouldn't buy a used car that's had significant damage.

It's a weird situation. I'm saying the car is worth less than they are. 

I was planning to drive it until we get our baby from China(this summer) and then I was going to have to replace it with something big enough to handle a wheelchair (for my MIL) and a stoller/baby stuff.  Right now my Maxima isn't big enough for all that. I was just waiting to get it all paid off and a little closer to summer...

I'm probably going to just let them fix it and wait as long as I can to buy another car. I just don't feel good about the situation. But whatever. I think hiring an attorney would probably get me what I want but at what cost? I figure at best I'd break even after paying the attorney fees.

*sigh* I guess I just need to suck it up...

NADA is the generally accepted vehicle valuation source, used throughout the industry.
If you don't agree with the NADA value, you have the option to do a market survey, and prove NADA wrong. (Any printed guide book/or online source can be wrong from time to time...) If you find comparable vehicles in the immediate area selling for significantly more than the NADA price... you may be able to convince the Company to adjust the vehicle value upward.

Once you turn a claim over to your insurance company, however, they have the right to handle the claim as they best see fit. Repair v. Total... to determine what works out best monetarily... and without sacrificing safety... 

Diminished value is not compensable (in Illinois, at least) under first party coverages. For example, if you are going through your own insurance contract, there is not provision (in Illinois) for diminished value. If you are making a claim against a third party, you may have a claim (through that third party directly) for diminished value. It would be your responsibility to prove you actually incurred a loss as a result of the accident and the repairs that were performed to your car... and in what amount. 

This is difficult to do unless you sell your car. Otherwise you have not realized any loss of VALUE. 

I agree that if you have the car at a repair facility you trust, you should be fine. 

Good Luck.

PS I do not work for GEICO. And Insurance Laws in your state may be different. Batteries not included. Allow 6-8 weeks for delivery. 

Thanks Whizzz. It's a weird situation because I believe the value is less than they do. I think the cost of the repairs puts it in the total loss category because I think the value is around 10K and they think the value is around 14K. I'd be happy with a 10K check.

So, I'll let them fix the 7600 worth of repairs and pay for my rental for at least 15 more days. And then the diminished value thing (it's a 3rd party deal). 

BUT I just printed out the estimate and the 7600 figure included using a reconditioned front wheel and recycled (aka used aka salvage yard) full door assemblies. I will not allow them to use those. Aftermarket parts are ok, but I want don't want used or reconditioned parts on my car. It's not like these parts are small- they are talking about my two driver's side doors and front wheel. 

So by the time they get done with all that and the rental, they may be wishing they had just given me the check for 10K.

I know accidents happen, but geez. This is a lot of aggravation and hassle. I know I should be glad that I'm ok. And I am. Sorry to whine. I'm just not happy about the situation. I'll get over it.

FWIW: You are better off with recycled parts... than aftermarket parts.

Recycled parts are the same model year or newer than your current parts. They are from the exact same car model as you have. They are used... but your car wasn't new when the accident happened. Basically you had a used door. You are getting a used door.

Aftermarket parts are new, but they are NOT made by the orginal equipment manufacturer, and although they are made to measure and to fit the car, they oftentimes don't. They also often times don't have the same corrosion resistance. 

Recycled parts are not bad. Aftermarket parts can be sketchy. They can also be quite good for the marketplace, driving the OEM prices down... but it depends on the aftermarket manufacturer.  I'd put a recycled part on my car any day of the week. Aftermarket? Only after I've had a chance to check it out.

Just what I have seen in the 16 years I've worked in the industry. I've handled thousands upon thousands of claims.

Good Luck.

(Insert disclaimer here) 

Interesting. I totally hear ya on the recycled part thing. What about the reconditioned front wheel?

I was first turned off by the whole used part thing because there is no warranty that goes with the parts. Do they have any kind of program to certify used parts? It all seems so, I don't know, garage-sale-ish.  I've never really had a repair that resulted in having to use another part (I had to have paint work done on the bumper and that was it), so it just seemed like a way to cheap out.

FWIW, my husband won't even consider used cars, so when he saw used parts on the estimate he went a little ballistic...

not legal advice, but you may want to consider exploring legal options regarding the other driver.  keep in mind, the other driver should be covered under his car insurance policy and you may have the right to recoup losses causes by his actions and I would guess your "losses" include the loss in value of your vehicle.

several years ago my wife had a pretty horrible accident in Chicago when a cabbie ran a red light on Michigan Avenue.  we got hosed around the insurance company b/c the first thing the cabbie did was get a sleazeball lawyer.  because I worked at a law firm and they assigned first year associates to give free legal advice to those working there, we finally gotten taken seriously when we called them "with our attorney present."

I don't think a reconditioned front wheel is any big deal either... Basically, they are taking the exact same wheel you had... from a same year/make/model car... and fixing it up (reconditioning it) to look like new. I'm assuming you have an alloy type wheel...? Recycled parts could also be considered reconditioned... because the door they get from the salvage dealer will be inspected, reconditioned if necessary, and put on your car.

Our recycled parts some with a warranty. Am thinking that GEICO's should too... some sort of warranty.

Is there a preferred repair facility program? Our preferred facility program offers a lifetime warranty on all repairs. Regardless of what is used to repair the car. 

I think it is at a preferred provider place....

Hmmmm. I've thought about the legal route but don't know if there is anything that can be done, since I'm not hurt and in the grand scheme of things we're not talking about a lot of money... I'm concerned about paying attorney fees and still ending up where I am. I just wish I could turn back the clock back to before any of this happened. I really love my car. In fact, I'd say it's been my favorite car that I've owned out of the 6 I've had in my life. I'm just worried that I'll let them fix it and then later run into issues with the car related to the accident. I haven't had the best luck with cars- this one was the only one *knock on wood* that hasn't been in the repair shop constantly. I guess I'm just a worrywart, worrying over what might happen now that the car has been compromised....

I will say that side curtain airbags rock....