Seeking Guidance After My First Major Accident in Illinois
I was recently involved in a car accident in Illinois, where the other driver was entirely at fault. The police report confirms this, and I have dashcam footage that further supports the other driver’s liability. I also have a recorded call with their insurance, which acknowledges full liability for the incident.
I want to ensure I’m entitled to everything I’m due, and I’m concerned I might be missing something in the process.
- Medical coverage seems to be handled properly, with no disputes about the bills incurred or any issues anticipated for future expenses related to ongoing medical appointments.
- I’ve been offered a 1:1 compensation for lost wages.
- Both my passenger and I are being offered pain and suffering compensation, albeit under $1,000 each.
- The costs to replace the children’s car seats in my vehicle will be covered.
However, I feel there might be issues regarding my vehicle. I own a 2024 Toyota Sienna that I purchased new in July last year, and it had less than 9,000 miles at the time of the accident. It was in pristine condition, as I took great care of it, including parking in the back of lots and applying paint protection film. When I first inspected it post-accident, I suspected it might be totaled. After anxiously waiting for the insurance company’s damage assessment, I was shocked to see a repair estimate of less than $12,000, which feels inadequate compared to the vehicle’s value.
Here are my specific concerns:
- If my vehicle isn’t deemed totaled, am I eligible for a diminished value claim?
- Do I have grounds to request that OEM parts be used for repairs instead of aftermarket options?
- What happens if additional damage is discovered during the repair process that wasn’t noted in the initial assessment?
- How do aftermarket items, like the high-quality paint protection film I had applied, come into play?
- I purchased an extended warranty for the vehicle outright from the dealer. Should I worry that they might deny any future claims citing the accident as the cause of any damages?
I understand that life isn’t fair, but it feels unjust that, given the circumstances of this accident, the outcome may leave me with less value than I had before. Is this simply how things go in these situations? Any insights or advice would be greatly appreciated. Thank you!
It sounds like you’re navigating a complex situation after your accident, and it’s understandable to want to ensure you receive everything you’re entitled to. Let’s address your questions point by point:
Diminished Value Claim: Yes, in Illinois, you may have a right to a diminished value claim, which compensates you for the loss in value of your vehicle after an accident, even if it’s repaired. The key is to demonstrate that the accident has reduced your vehicle’s market value compared to what it was worth pre-accident. Having the vehicle assessed both before and after repairs can be beneficial in making this claim.
Requesting OEM Parts: Generally, you can request OEM (Original Equipment Manufacturer) parts for repairs. The argument for using OEM parts is that they maintain the vehicle’s safety and performance, as well as its resale value. Your insurance may be obligated to use OEM parts if they were used originally, but this can depend on your policy and state regulations.
Uncovered Damage During Repairs: If additional damage is discovered during the repair process, it should be reported to the insurance adjuster. Most insurance policies allow for additional claims if new damage is found. Make sure your repair shop documents any additional damage and communicates with the insurance company for coverage on those repairs.
Aftermarket Items on the Vehicle: For aftermarket items like your PPF, you can discuss with the insurance company the extent of coverage for these items. Typically, insurers may not cover aftermarket modifications or enhancements unless explicitly stated in your policy. If the PPF enhanced the value or safety, make your case to the insurer.
Impact on Extended Warranty: It’s possible that your warranty could be affected by the accident. Many warranties have clauses related to damages that may exclude coverage for repairs related to the accident. It’s important to review the warranty terms and possibly speak with the dealer regarding the implications of the accident on your coverage. Document everything, including the pre-accident condition of the vehicle.
While it’s frustrating, insurance processes can feel like a balancing act between fair compensation and what the insurer is willing to pay. Keep detailed records of your communications with the insurance company, your vehicle’s condition, and any repairs made. If you feel overwhelmed, consulting with a personal injury attorney or a claims adjuster can be beneficial to help you navigate this process and advocate for your rights effectively.