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 clearly cites the other driver, and I have dashcam footage supporting this. Additionally, I recorded a call with the other driver’s insurance confirming their acceptance of full liability for the incident.
I want to ensure I’m receiving all the compensation I’m entitled to and not overlooking anything. Here’s a rundown of the current situation:
- Medical coverage appears to be in order, with no disputes over my medical bills incurred and no indications that they will stop covering future bills related to ongoing appointments due to the accident.
- I’m being offered 1:1 compensation for lost wages.
- Both my passenger and I are being offered pain and suffering compensation, albeit less than $1,000 each.
- The costs for replacing the car seats for my children will be covered as well.
Here’s where I feel uncertain. My vehicle is a 2024 Toyota Sienna that I bought new last July and had less than 9,000 miles at the time of the accident. It was in immaculate condition, as I took great care to park it carefully and had protective film applied. Initially, I feared it might be totaled given the damage I observed. I was shocked when the insurance assessment concluded the repair costs were under $12,000, which seems low—less than one-fifth of the vehicle’s value. I can’t shake the feeling that the assessment may have been inadequate or not done in good faith.
I have several questions:
- If my vehicle isn’t totaled, am I entitled to file a diminished value claim?
- Can I request that OEM parts be used for the repairs instead of aftermarket parts?
- What happens if additional damage is discovered during the repair process that was not noted in the initial assessment?
- How do I handle aftermarket items on the vehicle, such as the high-quality PPF I installed on the front end?
- I purchased an extended warranty from the dealer to ensure long-term coverage. Will they likely deny future repairs claiming the accident caused the damage?
I know life isn’t always fair. However, I can’t shake the feeling that the resolution to this situation may leave me with a vehicle of lesser value than what I had before the accident. Is this how it typically goes? I appreciate any insights or advice.
I’m sorry to hear about your accident—dealing with the aftermath can be incredibly frustrating. It’s great that you have proof of liability and that medical coverage is being handled correctly. Here are some insights regarding your concerns:
Diminished Value Claim: Yes, you may be entitled to a diminished value claim. This is based on the idea that even after repairs, your vehicle will have a lower market value than it would have had if it had never been in an accident. In Illinois, you typically need to provide evidence of your vehicle’s pre-accident value and its post-repair value to support this claim.
Requesting OEM Parts: When it comes to parts for repairs, you have a strong argument for requesting OEM (Original Equipment Manufacturer) parts rather than aftermarket parts, especially since your vehicle is new and you want to maintain its value. You can either ask directly or include it in your demand letter to the insurance company. Be prepared to explain why using OEM parts is important to you, particularly in preserving the vehicle’s value and integrity.
Uncovered Damage During Repairs: If additional damage is found during repairs, this should be reported to the insurance company immediately. In many cases, the insurance policy covers any additional necessary repairs as long as they are related to the accident. Make sure to document everything, including photos of the damage and repair estimates.
Aftermarket Items: For your aftermarket items, such as the high-quality PPF, you should also inquire if you can get compensation for them. Insurance typically covers damage directly related to the accident, but they may not always account for aftermarket enhancements unless specified in your coverage. Document your investment, and you can request compensation based on what you have lost.
Extended Warranty Concerns: Regarding your extended warranty, it’s understandable to be concerned about potential denials for repairs. You should review your warranty policy’s terms and speak with the warranty provider to clarify what would be covered in the event of previous accident-related issues. Being proactive and documenting all communications will be beneficial.
It’s definitely not fair that you might end up with less value than before the accident, but being well-informed and persistent in your communication with the insurance adjusters can make a significant difference. If you feel your concerns are not being adequately addressed, seeking advice from a personal injury attorney or an attorney specializing in car accidents could be beneficial. They could help you navigate your claims and ensure you receive fair compensation. Good luck, and I hope you find a resolution that feels satisfactory!