Expert: webfoot - 9/24/2008

Question
I was involved in an accident this month in Maryland, which was not my fault.  The other person's insurance company has accepted responsibility.  My car is a 2007 Nissan Maxima SL loaded with everything but NAV with less than 2800 miles on. So, new car in my eyes. Upon impact to the front side of my car (wheel area), the right side passenger air bags deployed from above.  Car was not drivable and the estimated damage is a little over $7000.  (I owe less than $18000 as I have been trying to pay it off early.)   While I do not want the car to be totaled (as I would completely lose), I also don't really want the car back.  I have concerns about the car's ability to withstand another impact and am extremely concerned regarding the airbags being replaced even with a certified service provider.  When I get the car back, I will probably trade it in because of the accident but really do not want to go into debt another 20,000 to buy a new Maxima as I would not even be in the market for a new vehicle if mine had no been hit.  It doesn't seem fair to me that I cannot be put back in the same situation I was in beforehand. I feel like regardless of what happens, I lose.  Do I have any options?   

The other person’s insurance company stated I can request a diminished value payment after I have the car fixed and have driven it for about a month to be sure everything is good.  They stated once this payment is issued, the file is closed so if I request it now and there is more damage found to my car, the file is closed and sorry about my luck.  Well, my I feel that is unfair as my car is already worth less due to the accident.  Does this sound right?

Help.


Answer
The other party owes you for repairs necessary to put the vehicle in pre-loss condition which would mean following all manufactures, ICAR guidelines regarding the repair. Today's technology allows for proper, safe repairs to vehicle that have much more than $7,000 worth of damage and air bag replacement is now an every day operation. If you wish to have the work inspected by another shop afterwards, that may ease your mind.  If you wish to pursue a diminished value claim as well, that is your right and if you do not agree with their offer, you can certainly have your own diminished appraisal done by a qualified appraiser.  
What they do not owe you for is the way you "feel" about the car.  If you wish to trade it and take a loss then that's up to you.

Oh, I'm adding this as a follow up.  Their statement to you that once the last check is cut and the file closed being the end of things, that is not correct.
As long as you have not signed a property damage release of any kind, their liability for loss related damages will run the length of your state's statute of limitations.  For example, in my state, which is Georgia, the statute is four years.

Good luck!