LEAF wreck

[jelloslug]

So...if you "total" a leased (rented) car, they take the car away, you stop making payments, and that's it, I guess? Sounds about right to me. I bought mine, so if I total it, they have to replace it at no cost to me, except for my policy deductible.

If the accident is not your fault you would not pay the deductible.

 

[MikeinDenver]

So...if you "total" a leased (rented) car, they take the car away, you stop making payments, and that's it, I guess? Sounds about right to me. I bought mine, so if I total it, they have to replace it at no cost to me, except for my policy deductible.

Well they don't necessarily replace it. They just provide you the value(based on local sales etc less any lien) of it currently in the form of a check. Then you have to find one. Maybe just mincing words but a lot of people don't understand insurance so I try to be as direct and not leave room for misinterpretation.

 

[roperld]

Here are the damage rules in my lease:

I got a "Subpoena for Witnesses" to testify in General District Court about the wreck on 5 November.

 

[roperld]

A neighbor who is a car dealer told me that when an air bag is actuated a car is totaled.

 

[Berlino]

A neighbor who is a car dealer told me that when an air bag is actuated a car is totaled.

This is of course not automatically true. Here's a case where four air-bags deployed. It cost $30,000 to repair, but it was better for the insurance company to pay that than to honor the "new replacement if totalled" clause in the customer's contract for a $90,000 vehicle.

 

[jelloslug]

A neighbor who is a car dealer told me that when an air bag is actuated a car is totaled.

In at least 90% of the cases that is true. I bought a wrecked '08 Prius in 2008 with ~5k miles on it. Both front airbags were blown and it needed most of the front body work replaced as well as the radiator. It did run and drive and the suspension did not get damaged. It cost $2500 to fix the everything to do with the body and mechanical systems and another $2500 to fix the airbags and seat belts.

 

[jelloslug]

Here are the damage rules in my lease:
I got a "Subpoena for Witnesses" to testify in General District Court about the wreck on 5 November.

Also notice that little bit about you not getting any of your down payment back.

 

[Rat]

Anyone who is the victim of another's negligence has the option of recovering damages with a lawsuit. Insurance is not the only option. Rules vary widely by state, but here negligence is clear so the trial, if there is one, would most likely boil down to proving recoverable damages, including pain and suffering, lost wages, and anything else that isn't included in your insurance policy. This may be within your state's small claims limit, although I doubt it. Generally, lawyers are not allowed in small claims, and there is no jury. You present your case to the judge and he or she decides on damages. If the other party has liability insurance at least as large as the damages, it should be easy to collect. If not, collecting a judgment may be difficult. The time you spend in court is NOT compensible and may be a big factor in why you wouldn't want to go this route. Small claims usually has other special rules that limit compensation (e.g. pain and suffering likely may not be claimed). Assuming this is too large a loss for small claims, then you can proceed without a lawyer. I was a settlement conference judge for civil cases in superior court (a volunteer position) and was surprised at how many plaintiffs represented themselves, and often got sizable settlements, much bigger than what the insurance company offered originally. Where the liability is clear, insurance companies virtually always settle before trial because their legal costs added to the eventual damages will always exceed what they can settle for. Even if you aren't about to represent yourself, often a letter from a well-known plaintiff's attorney threatening to sue is enough to get that offer from the other guy's insurance company up to a more reasonable amount. I'm not recommending this route and I'm not giving legal advice. I just want to point out that insurance is not the only game in town.

 

[kubel]

A neighbor who is a car dealer told me that when an air bag is actuated a car is totaled.

I have crashed a car before, airbags were deployed, and the insurance company chose to repair the car.

 

[kubel]

IF someone hits my property and damages it, I believe they can be held liable to restore my property (repair or replace with at least same level). IF that person has liability insurance, then they can get the insurance company to pay out this liability. However, in the end I (as the injured party) am still entitled to having my property restored, correct? So - what the insurance company does or does not do in this case, I have to agree to it and if I don't believe that I am being properly compensated for the legitimate loss, I don't have to accept it. In this case, is it just a matter of pulling in (and paying for) lawyers or is there some other avenue of expressing my perceived need for better compensation?

So - example in this case, the car may be totaled (I wouldn't be surprised). So once everything is settled, if the lease is paid off (no debt to the OP) and the car is gone, is that really compensation for the loss? Shouldn't the OP be entitled to whatever it takes to get into a satisfactory lease with similiar terms (i.e. if on a $199/mo lease, he shouldn't be required to take on a $299 lease after the accident, should he?)

Insurance doesn't consider price increases for replacement cars, but some insurance companies will place you in a replacement car to make the transition as seamless as possible, but most do not. Most will only consider the value of the car minus depreciation, plus deductible- and all the dealing is through NMAC when it's a lease. This is because you (as the driver) have very little equity in the car. Think of it like renting a house. If a tornado lifts a house off its foundation and declares it a total loss, the insurance company will be paying out the owner, not the tenant. You can't say "well, how am I supposed to find another house for $1000/mo, they are all $1200 or more these days". The insurance company doesn't care about that.

If you live in a no-fault state, it doesn't matter who is liable, your insurance pays for the damage to your car. You may be able to retrieve your deductible from the at-fault party, but that's all. I'm not sure about the specifics of your state law, but where I live, there's little I can do against an at-fault driver, since he's not legally financially at fault.

Insurance is designed to keep you from going bankrupt when bad things happen. It's not a pay day. You may still take some loss, it just won't be catastrophic. For instance, you won't get your down payment back- that's gone (which is why you should never put anything down on a lease).

You *might* be able to sue the at-fault party to retrieve your down payment and your deductible, but don't expect much more than that. If it's a leased car, you aren't the one that took the loss. NMAC did, and they will be the ones reimbursed.

 

[NasGoreList]

On the way a hospital to get an MRI this morning some guy ran a red light in front of me as I was starting out on a green light and we collided. The steering-wheel air bag saved me. I have a mild burn on my left wrist. The other driver was given a summons for not yielding.
Here is what my car now looks like:

It would not start after the wreck. The police had to push it off the road with very stiff steering.

What do you think? Is it repairable?

so was it totaled?

 

[Berlino]

Insurance doesn't consider price increases for replacement cars

In this case a new MY15 LEAF costs a lot less than the OP's original MY11 or MY12 one. Unless you're talking about the increase in price in going from used to new.

 

[roperld]

I got the huge list of parts that need to be replaced and parts that need to be repaired for my wrecked LEAF. The cost is $8918.27 of which I have to pay $100. After Collision Plus gets the parts they state that it will take 9 days to repair it.

 

[TimLee]

I got the huge list of parts that need to be replaced and parts that need to be repaired for my wrecked LEAF. The cost is $8918.27 of which I have to pay $100. After Collision Plus gets the parts they state that it will take 9 days to repair it.

Good luck.
Bit surprised it is that low.
But if they provide replacement vehicle and you get it back in top notch working order $100 deductible isn't too bad.

 

[roperld]

State Farm rented a Chevy Sonic Turbo for me for up to 45 days. I hate the noise and heat!

 

[cdub]

State Farm rented a Chevy Sonic Turbo for me for up to 45 days. I hate the noise and heat!

What's that weird rumble noise and shaking feeling? Something's wrong with my car!

 

[kubel]

I got the huge list of parts that need to be replaced and parts that need to be repaired for my wrecked LEAF. The cost is $8918.27 of which I have to pay $100. After Collision Plus gets the parts they state that it will take 9 days to repair it.

Expect to not have your LEAF for another month. Parts availability for the LEAF is shameful.