Ford explorer rear-ended, frame bent, is insurance company liable if value decreases? what to do?

Question

97 explorer xlt.....recently purchased, got rear-ended two weeks after purchasing (like new!) frame bent! what will we do if the car cannot be resold at original value, we shouldn't be at loss, are we just plain screwed?

Answer 1

if the insurance co. decides it is totalled, they should pay the fair market value
if they decide to fix it, they do not pay for depreciation

Answer 2

With the body repair technology now, the frame can be straightened. They will put it on a machine and pull it from both ends (like untying a shoelace) until it is straight again. Most people who find out the frame has been bent will be leary of purchasing. I would not expect the insurance to cover the depreciated market value. They will either total loss the vehicle or give you enough to repair it to operable status again.

Answer 3

What kind of policy do you have?
Were you at fault?
The whole point of insurance is to cover YOUR liability in the case of an accident. Liability means you were at fault.
If the other driver was at fault, and cited by the investigating authority, then that driver's policy should cover all damages, including possible total loss.
If the vehicle cannot be restored to the condition you had it in AT THE TIME of the collision, then it is a total loss.
If the other driver didn't have insurance, then your insurance should cover your loss (uninsured motorist coverage) but it MAY be just to pay off the remaining payments. You will have to contact your agent to find out what your options are.
Some states have NO-FAULT insurance laws and that muddies the water for me. I live in California where it is a bit more clear-cut.

Sorry for your loss, and hope no one was injured.

Answer 4

If the cost to fix your vehicle is around 50% or more of the value, they should write it off as a total loss and pay you fair market value. If they repair the vehicle, then yes they do have to pay "loss of value" if applicable in your state. I purchased a 01 Frontier (new) in Jan. 2002 and drove it four days before my wife was rearended in it. The truck only had 440 miles on it when damaged. The cost to fix was less than 1/2 of the pay off, so the insurance company did not have to total it, even though the frame was damaged (I checked with my attorney). The attorney told me they had to pay for repairs, medical expenses, and compensate me for the loss of value on my vehicle. Check with an attorney to see if this is applicable in your state...........don't let them hose you, they have to make you whole (cover all expenses and losses to pre - accident condition). Good luck, I hope this helps !

Answer 5

Insurance should total this vehicle. If the insurance claim is finished and you signed the paperwork, you are screwed. If you haven't signed anything yet then you need to tell them it won't drive straight. They will most likely give you total out value. The only other route I can think of is to run it by a lawyer to see if they can help you out. It will cost around 100 bucks to find out. Sorry for your troubles. Good luck.

Answer 6

if the frame is bent most likely it will be totaled by Insurance unless its fixable...if the repair damages are more then the value they total them

but im hoping you had full coverage in which they will pay the KBB value of the vehicle..and you should beable to go buy another car/suv...hoping you didnt also pay outragous cost on the car compared to KBB...

Answer 7

screwed. If the frame is bent though I would push for it to be totalled. It'll never be the same and could pose a safety risk later on.

Answer 8

If it's totaled ask for the purchase price. If they fix it make sure the collision center is top of the line. alot of time they come out better than off the assemble line.
Good luck