Re: IML: rear ended

["TUMANYCARS" <tumanycars@xxxxxxxxxxxxx>]

You should be entitled to the lesser of two amounts: (1) cost of repair; or
(2) diminution of value.  If the cost of repair exceeds the value of the car
(which in your case it sounds like it does) you should receive the value of
the car less its salvage value (this is diminution in value).

By the way as a bargaining tool you can also claim loss of use.  This would
include such things as car rental expenses for the time it takes to have the
car replaced or repaired.  Frequently, even if a car is not rented you can
use this to get a few extra dollars.

Best of luck.

Ray

----- Original Message ----- 
From: "jlindholm" <jlindholm@xxxxxxxxxxxxxxxxxxxxxxxx>
To: <mailing-list@xxxxxxxxxxxxxxxx>
Sent: Saturday, October 07, 2006 7:20 PM
Subject: IML: rear ended


> Hi All,
>   I've been quiet here lately as life things have been  pretty loud,
> I hope all are well.
>
>  Early this morning my '73 Lebaron was hit by a very intoxicated
> citizen in a honda at suprisingly high speed (given the damage to my car).
>   I was parked on the street in front of my building here in Brooklyn, NY,
and went out to find my car at a 30 degree angle to the curb having been
pushed into the car in front of it.
>  The NYPD had left me a kind note with a phone # to call to get the
accident report.
>    What I know is the driver spent the night as a guest of the city,
> and they say he's insured.  The official report will be available on
Monday.
>   so to the damage->
>   all of the rear sheet metal behind the rear doors is lifted and pushed
in, with wrinkles in the C pillars on both sides. The frame rails are kinked
just behind the axle and all the trunk sheet metal is ripped and buckled.
And all the rust in the quarter is very revealed.
>    The doors are all still straight, but the front grill is pressed in a
bit, the hood dented, the bumper pod on the left smashed.
>   sigh...
>
> Does anybody have experience with dealing with something like this,
> re: the other guy's insurance, value, repair?!? etc?
>
>   I only have NYS liability on the Imperial.
> (but hey, he hit me and was drunk.....)
>
> I'd really appreciate any insights on how to proceed.
>
> my fear is that it's a total
>
> btw,
> my father originally bought the car in '73 and I'm the second owner.
>
> it's probably in C+ condition,  with lot's of stuff replaced
>
>
> Thanks
>
>
> jack
>   very damaged 73 Lebaron
>
>
>
>
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