Help Needed: First Major Accident in Illinois
I was recently involved in a car accident in Illinois where the other driver was completely at fault. The police report confirms this, and I have dashcam footage that clearly supports my case. Additionally, I have a recorded call with the other driver’s insurance company admitting full liability.
I want to ensure I receive all the compensation I’m entitled to and that nothing is overlooked. Here’s where I stand so far:
- Medical coverage appears to be in order, with no issues regarding payment for my medical bills or concerns about ongoing treatment costs.
- I’m being offered compensation for lost wages at a 1:1 rate.
- Both my passenger and I have been offered pain and suffering compensation (less than $1,000 each).
- The cost to replace the children’s car seats will be covered.
However, I’m worried that I may be missing something important. My car is a 2024 Toyota Sienna that I purchased new in July of last year, and it had under 9,000 miles at the time of the accident. It was in pristine condition; I took great care of it, parked far from others, and even had paint protection film added. When I first assessed the damage after the accident, I feared it might be totaled, and I was hoping it was, given the extent of the damage. After waiting for the insurance assessment, I was shocked to see that the estimated repair costs were under $12,000, which seems low—about one-fifth of the vehicle’s value. I can’t shake the feeling that this assessment was not done properly.
Here are my specific concerns:
- If my vehicle isn’t totaled, am I eligible for a diminished value claim?
- Can I demand that OEM parts, rather than aftermarket parts, be used for the repairs?
- What happens if additional damage is discovered during the repair process that wasn’t noted in the initial assessment?
- What’s the protocol for aftermarket items on the vehicle, like the high-quality paint protection film I had applied?
- I purchased an extended warranty for the vehicle that I paid for upfront, but I’m worried they may deny future claims citing the accident as the cause.
I know life can be unfair, but it doesn’t seem right that, after this accident, the compensation I am receiving may leave me with less value than what I had before. Is this just how things work? Any advice or guidance would be greatly appreciated. Thank you!
I’m sorry to hear about your accident, but it sounds like you’re taking the right steps to ensure you receive proper compensation and care. Here are some answers to your questions and additional considerations:
Diminished Value Claim: Yes, in Illinois, you may be entitled to a diminished value claim if your vehicle has been repaired but retains a lower resale value due to the accident. This claim is separate from the costs of repair and is based on the premise that the car’s accident history negatively impacts its market value. Documenting the pre-accident value and obtaining an appraisal post-repair can support your case.
Request for OEM Parts: You can request that OEM (Original Equipment Manufacturer) parts be used for repairs. While the insurance company may have preferred repair methods or parts, you can advocate for OEM parts by explaining your preference and the need to maintain the vehicle’s value and performance. Some insurance policies or state laws may even stipulate the use of OEM parts for newer vehicles, so it’s worth checking.
Uncovered Damage During Repairs: If new damage is uncovered during the repair process, the repair shop should inform the insurance company and provide estimates for the additional work needed. You can request that all necessary repairs be covered under the original claim, especially if the additional damage was likely related to the accident. Documenting all communications throughout the process is important.
Aftermarket Items: Unfortunately, insurance companies are generally only required to cover the cost of repairs and replacements for items specifically covered in the policy. If you had aftermarket modifications (like the PPF), you may need to discuss with the insurance company how they will handle these. If you can provide documentation of the cost of the aftermarket items, they may consider compensating you for that as well.
Extended Warranty Concerns: It is understandable to worry about the implications of the accident on your extended warranty. Usually, warranties will cover issues not related to the accident and specifically mention exclusions. Review your warranty documents to understand the specifics of what may or may not be covered. You can also discuss your concerns with your warranty provider to get clarity on how they handle claims after an accident.
It’s important to keep clear records of all communications and documents related to the accident, repair estimates, and your vehicle’s condition before and after the incident. You might also consider consulting with a personal injury lawyer or an auto accident attorney who can help guide you through this process and ensure you receive full compensation for your damages and losses. It’s understandable to feel frustrated—accidents can often have lingering impacts that are hard to measure. Stay persistent in advocating for your rights and entitlements. Good luck!