My Prius is probably totalled :(

Hey Alex-it looks like you purchased your car at Toyota Santa Monica-they charged me $2995 for the extended warranty (7/75000/0 and it was the basic-no paint, rustproofing, scotchguard, etc). On the Toyota website, the quote for that is $1800ish. In the state of California, we have 60 days to cancel the warranty (-$25 charge) rather than 30 days (hence the Toyota California title on our contract) which we could do either by contacting T S.M. or waiting for the papers and doing it through the mail.

If you paid more than $990 for your extended insurance, search the extended warranty forum and save yourself some money.

 

<div class='quotetop'>QUOTE(SW03ES @ Jan 6 2007, 12:06 AM) [snapback]371679[/snapback]</div>

You may not, but the fact is that new parts installed and welded to factory specifications should perform the same as the original vehicle. I'm not saying that there aren't collisions that can damage the integrity of the car's structure, just that that's not necessarily the case in every crash.

Would I want to get in another side impact in my Prius? Of course not. But I'd still rather be in the (repaired) Prius than in our Ford Freestar, which doesn't have side airbags.

We all evaluate risk differently. Your concern is legitimite, but if safety were really your absolute top priority, you would probably be driving a vehicle that is heavier than the Prius. Or you might not drive at all. The reality is that neither of those options is optimal for other reasons, and they might not even be practical.

Insurance companies can't go paying replacement cost for every collision. There are independent professionals you can hire if you don't trust the evaluation of the insurance company.

Know how the repairs are going to be done, get a second opinion, and go with a body shop that you will trust. If that's not enough, you can always sell the Prius and buy a new one.


Getting in a crash - even if it's not your fault - is an expensive, difficult proposition. It's an order of magnitude more complex if someone gets injured or killed.

Step back, relax (I know it can be hard), and consider how lucky you are that no one was hurt. Be glad that you drive a safe car.

 

shock value is impossible to determine and predict. any piece of sensitive electronic equipment can suffer from this. granted this comparison is a major stretch and waaay different situations apply but the idea is there.

cellphones suffer from shock value over time. each time they are dropped, exposed to high moisture situations, excessive heat, etc. it all slowly degrades the device.

we have all dropped our cellphone in a way that should have damaged the phone before and with baited breath, we gingerly open it up and call someone only to be greatly relieved when everything appears to be normal and we have dodged the proverbial bullet right??

well, that is not true. the phone was damaged but not enough to notice the loss of performance. eventually you will notice the degradation and it will be time to upgrade. other times, a drop that shouldnt have done anything will render the thing useless.

well, you car is the same way. in a major collision, only replacing the parts with physical damage will leave the rest of the car with a shock value that is much higher than what should be present for a new car. what that value is?? well, as i mentioned at the beginning, that is impossible to determine. sure, i suppose one could try to x-ray every joint, but that would not determine if electronic components have been compromised.

as far as safety goes, i believe that a good body shop will create a car as good if not better than the one you bought. the one you bought was done on an assembly line in a rush under a schedule. yes even Toyota does that. so even with Toyota's vaunted reputation for assembly magic, a car with personal attention in a good body shop will properly trained people will be a better car. that is my opinion only but i do know more than a few body shop people (i used to co-own a business where we took junkers and fixed them up to resell) and a good body shop is a gem.

 

<div class='quotetop'>QUOTE(bsoft @ Jan 7 2007, 05:33 AM) [snapback]372008[/snapback]</div>

I don't buy it. The unibody construction of a car is built out of large peices of stamped steel. In accidents like this where portions of that frame need to be cut off and then welded in in such a way that was not done when the car was designed, a repair is absolutely going to result in different weaknesses and thicknesses of metal throughout the structure of that area. In short, the car is going to crumple differently than it would have undamaged, and thats going to have an effect on your likelihood of injury.

No way my family would ride in that car after it was repaired.

Of course insutance companies can't offer replacement value in every situation, but personally for my families safety I'd trade it in and take the depreciation hit.

 

<div class='quotetop'>QUOTE(SW03ES @ Jan 7 2007, 10:39 PM) [snapback]372278[/snapback]</div>

100% agree. Way better to take that kind of hit, then another 'hit' and suffer worse with the damage.

 

Ugh...sorry to hear that.

 

<div class='quotetop'>QUOTE(YodaddyAlex @ Jan 24 2007, 03:36 PM) [snapback]380167[/snapback]</div>

That does indeed stink. Sorry to hear that.

 

Are they at least paying for a loaner all this time?

 

<div class='quotetop'>QUOTE(YodaddyAlex @ Jan 24 2007, 10:36 AM) [snapback]380167[/snapback]</div>

Alex, FWIW, our car's front end was much more badly smashed with only about 2000 miles on it. It was repaired at the Toyota dealer's own shop and I have to admit they did a really good job. You wouldn't know it was in an accident to drive the car and the repairs are guaranteed for the life of the car.

 

I am sure this varies by state, but can't you just sue the SUV driver in small claims court when this whole fiasco is over for your total economic loss? Someone please---I am curious.

 

<div class='quotetop'>QUOTE(jmann @ Jan 24 2007, 07:42 PM) [snapback]380377[/snapback]</div>

The trouble is, how do you determine the economic loss if the car has been made "whole" again?

 

<div class='quotetop'>QUOTE(PA @ Jan 24 2007, 06:30 PM) [snapback]380407[/snapback]</div>

A car that was repaired after suffering collision damage is never worth as much as a car that has never been in an accident. You can obtain the valuations on KBB and Edmund's. The difference in the value is the economic loss. One may also take into consideration the extra cost of fuel while driving a non hybrid vehicle while the Prius is in the shop.

 

<div class='quotetop'>QUOTE(PA @ Jan 24 2007, 09:30 PM) [snapback]380407[/snapback]</div>

in additional to IsrAmeriPrius's comment:

Ecenomic loss to you:

Loss of value of car (what would it cost now to get the same car = purchase price - trade in )
+ cost of rental, additional fuel, Taxi fare for teenage driver who could not drive rental car, etc.
+ Value of your time. (If you spent 100 hours dealing with this problem, and your leisure time is worth $20/hour or more, then it cost you $2000 in lost productivity)
+ Estimated premium increase in insurance premiums over the next three years, as this was not an "comprehensive loss," even thought it was not an at-fault incident. (even thought this is not your fault, it is still an incident in your driving record, so get insurance quotes running one three vs four incidents, and two vs three incidents and see what the difference in premiums is.)

I would estimate that your loss is:

28000-18000 (loss in value once repaired. Look this up using blue book or similar)
+500 rental inconvenience (assuming that someone's insurance already paid for the rental)
+2000 in lost productivity/leisure
+$1500 premium increase (just a guess, or $500/year)
+your deductible, which you didn't pay anyway.
------------
=$14000 loss to you

The SUV driver is clearly liable, but I am sure that your ability to sue varies by state. None of the economic cost to you is that hard to calculate. It is rather objective and based on industry prices (like blue book or insurance quotes), not subjective speculations. Unlike what you see on TV, the standard rules of evidence apply. You would show that the driver is liable for damaging your property, and its economic lost to you.

Sue the SUV driver, not the insurance company. Instead of spending thousands of dollars to defend the driver, the insurance company will probably settle and just total the car and replace it.

...

It is like when I got run over by a car while running. The insured is not only liable for the cost of my medical treatment, the insured is also liable for "lost work," and the economic cost of future impact from a preexisting condition resulting from this injury.

 

This is from Here and may be useful. It is specific to California, but will apply almost everywhere.

But I gather suing for other expenses and deprecation is not that different.

"13. What if I want to make a claim for my injuries?
If the other driver was at fault, you may be entitled to compensation—for your personal injuries, car
damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. If you
had your own insurance at the time of the accident, you may also be able to sue for “pain and suffering.â€
You should make a claim with the other driver’s insurance company. But, if you are not satisfied with the
amount they offer, you may want to sue.
If you plan to sue, do not delay. There are time limits for filing various types of claims—usually one
year after the accident for personal injuries, but sometimes much less—so act quickly.
You can sue for $5,000 or less in small claims court. A lawyer can’t represent you in court, but you
can talk with one beforehand. For more information on small claims, see the State Bar pamphlet How Do I
Use the Small Claims Court? To find out how to obtain a free copy of this pamphlet and other State Bar
consumer education pamphlets, call 415-538-2280 or send an e-mail to [email protected]. Or visit
the State Bar’s Web site—www.calbar.ca.gov—where you’ll find the bar’s consumer education pamphlets,
as well as information on ordering them.
If you want to sue for a larger amount, your own lawyer can represent you. An insurance company
lawyer cannot represent you if you are the person who is suing (the plaintiff).
Many lawyers take auto accident cases on a contingency fee basis. That means you do not pay the
lawyer his or her attorney fees if you lose the case. If you win, you pay the lawyer a percentage of the
money you get. Most lawyers charge a smaller percentage if the case is settled before the lawyer does all
the work necessary to go to trial.
If you and your lawyer agree to a contingency fee, the lawyer must put the agreement in writing and
give you a signed copy. The contract should explain what percentage the lawyer will get if you win and
how it might vary. It also should state who will pay for any court or other costs."

 

Any update, Alex?

 

I feel for you. I bought my 2007 Prius on Jan 15 and a red midsize SUV rear-ended me and my Prius has been in the repair shop for 5 weeks. I've been driving a Kia Spectra ever since but at least the otehr person's insurance is paying for it.