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      08-09-2011, 11:22 PM   #1
freshwhite335
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Well, was sitting at a stop light tonight after a pretty delicious dinner with some buddies when it happened... crunch. Got rear-ended by a lady in a 1993 Nissan Maxima who was futzing with her two dogs in the back seat. The damage isn't that bad [looks like its just going to be a bumper cover] but I wanted to ask you guys for advice on how I should handle the process. I've been in an accident before, but it was my fault. Since this one wasn't is there anyone here who as successfully gotten a "diminished value" claim out of the driver at-fault's ins. co? My neck and back are pretty sore so I am going to go to see my chiropractor tomorrow.

Anything you guys can add would be helpful.
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      08-09-2011, 11:48 PM   #2
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For the diminished claim you can file that with your insurance and they will seek the claim from the person at fault's insurance. As far as going to the chiropractor that will not stand up in court if her insurance company decides to fight the bills that the chiropractor charges. The only claim that will stand up is by a medically trained professional such as a doctor followed up by X-rays and/or MRI's.

Get checked out by a doctor for whiplash instead of a 6 week course chiropractor. If your not injured please dont try to claim that whiplash BS with a chiro.
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      08-10-2011, 12:56 AM   #3
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Don't have any interest in getting anything I don't deserve. Have been in a couple car accidents before as a passenger and never had any pain. However, I am in pain now so I'm going to get checked out. Hoping that with an adjustment the pain will go away. If not, I'll see a "real" doctor.
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      08-10-2011, 03:32 AM   #4
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Been rear ended before, feel for you man.

If you have a choice between Chiro and Physio I would choose Physio.
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      08-10-2011, 04:34 AM   #5
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Quote:
Originally Posted by freshwhite335 View Post
Hoping that with an adjustment the pain will go away. If not, I'll see a "real" doctor.
By then, your claim may be down the tubes. Even if you see the chiropractor, you should see a "real" doctor too, to protect your claim.
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      08-10-2011, 04:38 AM   #6
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Did you get a police report of the incident? Did she get cited? Critical first steps to make things easier while dealing with the insurance companies.

Good luck!

PS - Gone through this three times now...
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      08-10-2011, 07:32 AM   #7
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Be prepared to go to court and have all your fecal material in a single sock-document, document, document everything. A lot of cities are cracking down on what they term "distracted and negligent driving causing injury." I got rear-ended in Colorado Springs back in June by a woman doing 45 mph while texting. Luckily it was a rental and not either one of my Bimmers. They cited her the day of the accident then the DA charged her a couple of weeks later. The last deal they put on the table was a 3 month license suspension, 12 months probation, and 24 hours of customer service.

I definitely feel your pain as I've never been as miserable as I was for the first couple of weeks after the accident. I had to sleep sitting up in a chair the first week to keep the pressure off the back of my neck. It damn near ended my flying career.
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      08-10-2011, 08:18 AM   #8
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24 hours of customer service? LOL

As someone already mentioned, a chiropractor is not a medical doctor so nothing they say hold any legal weight. Go to a doctor and get into actual physical therapy if you're injured. Diminished value is a sticky subject with insurance companies. If it's a bumper cover then in all honesty I would leave it alone as there is really no significant devaluing from such an accident. If they crunched up the front end of a 458 Italia I would say go for it but you're fighting over maybe $500 in the long run.
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      08-10-2011, 08:45 AM   #9
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Diminished value is difficult to prove in court but it really depends on your State and how it's perceived. I know in IL insurance has convinced the courts there is no diminished value if the repair is done at a reputable shop. As we all know this is incorrect if you try to sell your car 3 years later with an accident history. I think I read one of the only States to use diminished value in settlements is GA.

Go to your chiropractor...as a former athlete this type of service is keeping me away from surgery which will be inevitable after i retire. I would also go to your GP so your injuries are on file. The other drivers insurance may ask you to go to their 'chiropractor' for an analysis. At least this is how it was handled when my wife was hit from behind.
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      08-10-2011, 09:31 AM   #10
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See a MD. That should have been your first stop. Wheter you get a lawyer of not is up to you, but if you do, do not talk to any one at the other persons Insurance company, and give no recorded statement.
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      08-10-2011, 10:44 AM   #11
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Hey guys, thanks for the advice. Woke up today in no pain, might have been the jolt and the stress of everything getting to me last night. Luckily the woman who hit me also has State Farm, so the claim has already been opened on her end it looks like this whole thing is going to play out smoothly. After talking with a lawyer friend I am going to forgo diminished value, as someone else said it is very hard to get it out of the ins co and in the end the amount of time it will take to get the claim will outweigh the possible small amount of money.

I'm going to keep an eye on my neck but so far so good.
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      08-10-2011, 05:33 PM   #12
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You've been making decisions based on nothing. You don't even know what the damage is to your car or yourself. Bumper covers are rubber and usually pop back out after a collision. Neck and back injuries can show up months if not years later. Not trying to spook you, just stating the obvious. Hope it all works out well for you.
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      08-10-2011, 05:53 PM   #13
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OP, I feel for you dude.
I had a similar experience.
In 2005, my 2003 Z4 was rear ended by a lady in a 3 series vert.
I had stopped at a red light behind a Brinks truck when she rear ended me..
Needless to say my Z4 became a bit of a ham sandwich and the repair costs to front and rear were approx $14K.
When I raised the issue at the time of diminished value, my Insurance Company (Allstate) claimed they were unfamiliar with that concept and that since the repairs were being done by BMW, it would be as good as,and as valuable as, before the accident.
When I traded the Z4 in during 2008 for the 1er vert, I discovered that I would have been given $6K more had it been accident free.
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