Another question regarding auto insurance; non-fault crash
by saintapollonia (click here to email the poster) (2024-04-16 11:03:40)

I don't know if Denver Jim or some others with experience can help to answer some questions about auto insurance, specifically related to a collision where the other driver is at fault (in police report at scene, admitted by other driver, and also deemed by their insurance).

My insurance has decided that it's a loss and that the vehicle should be totaled or whatever they do instead of repairing it. When making that decision, shouldn't they use comparable make and model? My vehicle is a Model X, and they've used Model S. Also, while I understand the concept of depreciation (it's a 2016, so I get that it's 8 years on now), I have free supercharging, which I unfortunately believe is tied to VIN. So, I'm pretty sure that will no longer exist should I end up getting a new replacement vehicle. But, shouldn't something like that be taken in to the equation for valuation of the vehicle?

supplying email if preferred to communicate that way.


If the other driver is at fault, you need not use your
by knutesteen  (2024-04-16 14:18:43)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

own collision coverage. Thus, the claim should be paid by the other driver's liability insurance, assuming sufficient policy limits for property damage. You may still face the same issue with them in terms of whether the vehicle is a total loss, which should objectively be determined on whether the cost to repair exceeds the fair market value (FMV) prior to the loss. I would add and emphasize the additional element of the value of the free supercharging (how much would you pay annually without it over the expected remaining service life of your car?) and make that part of the value of the claim. And of course the same make and model should be used; how can one determine FMV using another Tesla model?

Many insurers "total" a car regardless of cost to repair based on age or mileage. Not always fair, but that's what they do, or try to do.

Again, not legal advice, from a no-longer attorney.


Thank you for input
by saintapollonia  (2024-04-16 22:23:07)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

My Auntie (Native) and Uncle are in Kailua, my cousin on North Shore. So, we’ve always been over to Oahu, which I love. We’d love to hop over to Maui sometime. That’d be a treat to look you up. I hope the recovery is going as smoothly as it can be out there.


As in all things Hawaii, very slow
by knutesteen  (2024-04-17 14:30:25)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

Absolutely let me know here if/when you head our way. First beer is on me.


A couple of things
by airborneirish  (2024-04-16 12:25:34)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

1. yes they should use comparable vehicles. Model X's are hard to price.

2. You should check your coverage. I pay extra for a plan that will put me in a brand new model X with all of my bells and whistles. It may be too late for this but with luxury cars you should go for it. You already spent way too much on getting from point A to B so you may as well buy peace of mind as well.

3. If you want shoot me photos at cb@bruisers.com and I'll take a look at the damage.


What insurance do you use to get the new car replacement? *
by kellykapowski  (2024-04-17 13:00:45)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post


Liberty Mutual offers this in the first year (link)
by knutesteen  (2024-04-17 14:28:31)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post


We have everything bundled with State Farm. It appears that
by kellykapowski  (2024-04-17 18:36:39)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

they don’t offer it, unfortunately. Also, it’s been about a year and a half. Darn.