Rear ended in brand new car (2 days old) should I sue to have ins co replace my car?

zigmaniac

You could sue, but you won't win , even tho it does not seem fair, the law favors insurance companies who line our lawmakers pockets, so the protection is on there side,,

bulletmagnet07

the insurance company won't pay to replace your car. They would only do that if the car was determined to be 70% or more totaled, in other words a total loss. And then you would get a check for how much it is worth, not how much you owe. You could sue, anyone can sue anyone else, that doesn't mean you will win, and you won't. The insurance company will only pay to replace the broken components, nothing more.

jprall

The insurance companies are only obligated to pay the lessor of either repairing or replacing the vehicle. The only time they 'total' a vehicle is simply because the cost to repair is greater than the value of the car.

Sorry about the accident. The key here is to find a place you are really comfortable with fixing your car, as well as backing you up later (3 year or more warranty, etc) so you can feel like it's still your new car.

insuranceconsult08

That would be nice to get your vehicle replaced straight out, however, it's no different than if your car is 10 years old. They will repair your vehicle for the damage their policyholder caused, no more. Look on the bright side, you won't have any issues with paint matching. Lots of vehicles that are older and need to be repaired and painted have matching paint issues. Lots of times, the paint on one side won't match the dull paint on the other because of the age of the vehicle. So.... with a new car, the paint should all match. If you are injured, then go to the doctor to get checked out. Hopefully this helps. Good luck.

Steven Gross

D.L.

No you can't, if the car is repairable then legally all they have to do is put you back to pre accident condition. It doesn't matter if you just drove it off the lot, their not gonna give you a brand new car. If its not repairable, they may consider it a total loss, but will only give you actual cash value, not what you paid for it. You'd end up in the hole from attorney fees as their is no case.

ouch

Actually the government has helped you here. First of all they probably will not replace your car, but at your request you can legally sue them for decreased value of your vehicle since it has been involved in an accident, which makes the vehicle considerably worth less now. Lets say your vehicle is worth 24k without any accidents. If you can prove that your car has lost a 20% in value due to the fact it's been recorded to have been in an accident, then you should be in titled to this 20%. plus the cost of repairing the damage.

Luna & Lawnboy

You are not entitled to a new car. As soon as you drove the vehicle off the lot, it began to depreciate. You can ask for new parts vs. LKQ. You may also be entitled to Diminished Value. You are most certainly not entitled to a new vehicle and they will not pay off your loan especially if the vehicle is not a total loss.

You cannot sue the insurance company unless they are acting in bad faith. They are not. You CAN sue the other driver, but he will just turn the matter over to the insurance company.

If you file a claim through your own Collision Coverage, they too will only repair your vehicle, not replace it.

If you are not getting the answers you like, contact your a state's insurance commissioner, and ask them.

Redeft

Sorry to hear some ahole trashed your car. If it's not totaled it's extremely hard to win. The same thing happened to me except I was leaving the car lot with my new Honda when some chick on the phone ran a light and hit the passenger side. Her insurance co. "looked at it" and said they would pay to fix it. I had an independant body shop declare it totaled and fought them for 8 months and finally got them to pay. But it took alot of personal time and money which I'll never recoup.

Good luck

chaosunloaded

While that would be nice its not going to happen.

If there is not enough structural damage or not enough damage in dollar value for the car to be totaled, you are going to be stuck with it.

Jay's Girl

Good luck with that. I had a car for 8 days. Brand New car and was rear ended. Did over 12k in damage. They wouldn't total the car because it was worth 32k. They fixed it and I still have problems with it.

Judge Sludge says:

absolutly not... welcome to the real world...They will repair the vehicle...you of course can start seeing a chiropractor for that low back and neck pain and collect pain and suffering from personal injury after your treatments are done... Usually 3months, then a reasonable settlement should be 2 times your total medical... and all your medical is paid off...Good Luck...

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