Got rearended today...

[notstock71]

Thanks for the advice everyone, here's the latest as of today.

Well Progressive came out and gave an estimate on the truck. It came back at $825. $400 for a bumper assembly and $400 to pull the frame. I took it to the shop who did my Nova and he said it is a fair amount and he'd do the work for that. I feel better about that part.

Now the bad. I called the Dodge dealer I was dealing with on possibly buying a new truck. 2 weeks ago they offered $14000 trade in on the truck. Now they will only give $12000 after it is repaired. This is explained as depreciation especially since Carfax will flag the truck as having previous frame damage. I understand where they are coming from with this. I called Progressive back and explained that since the accident my truck is now devalued $2000. The agent disagreed and started citing things that will take too long to type here. I told her my attorney disagrees with Progressives stand on denying this claim. I told them if needed we will file suit against the vehicle owner and driver. Progressive will then be liable for providing them an attorney. If I won they would also owe my attorney fees plus settlement. The adjuster passed me to a manager which is who I am dealing with now.

The manager calls and says Nebraska law does not require Progressive to reimburse for depreaction and stated depreciation will not exist if the vehicle is repaired correctly. I disagreed citing any history search will show the accident and frame damage. He told me the dealer can't lower their offer on trade in, it's against the law. Whatever. I called Dodge and the Sales Manager called the Progressive manager and explained his case and stood his ground on the lower offer. Progressive never called me back after that.

I'm not trying to abuse the system but I think everyone here will agree that with frame damage the truck is worth less even if it is fixed. Heck, the GMC dealer said no more than $10000 trade in because they would not sell a truck that had that type of damage and they would wholesale it immediately.

Once again, I AM NOT trying to abuse the system but I definately want what is owed to me. Opinions??

[SS454]

I do not know of any state that makes an ins company pay depreciation. You can sue them any you may win. I know that in Illinois the courts for this kind of stuff are backed up 4 years at least the last time I heard. Progresive has their attorneys on staff so they are paying them all the time you don't. As for the dealer that is just a big BS game they are playing with you. Sure the carfax will show something MAYBE I know of 2 cars that had BIG damage and both to tis day have not shown up with anything on Carfax . The dealers are always going to tell you that now they can't sell it becuase it has damage. I can't count how many NEW cars & trucks we fixed over the years that never go told to the new owner. Only one that I can remeber and it was by mistake. She sued the dealer and I had to go to court to show what we fixed and she lost. So I guess what I'm tring to say is don't wait to fix your truck get it done now, than go after Progresive. You may want to make sure that the ck that they gave you is still good, I have seen when people tell the ins company that they will sue than they stop the claim until it is settel in court. Just some thought for you. Hope it all works out for you. I am with you on your truck being worth less don't think that I think your tring to get something you shouldn't get. We have tried for years in ILL to get Ins companys to pat Dimminshed Value for cars that where hit buy someone eles. Hopfuly some day it will happen, But then the ins companys will just jack up our rates.