Sorry about your car , I know we love them , but !! they are an expendable item . Wives are not...So pleased she is OK ...

 

Jon, I just read what Graham posted and I had to laugh a little. While your document is justified if the shop DOESN'T do all of that for EVERY customer they shouldn't be in business. Again, this is why I state you need to use a independent, one with a long reputable history. Anything less is just NOT acceptable IMHO. Remember State Farm writes 40,000 accident claims each month....... if they can save $50.00 per claim its just that much money in there pocket. If they don't write it all clearly on the estimate and use a discounted labor rate (DRP and Preferred must work for this) then the body shop needs to make up that lack of profit somewhere and that means cutting corners and costs. This means standard auto parts fluids and NOT the much more expensive factory ones. Again.... consumers need to know what to watch for. The insurance company (even your own) is not your friend when they have to pay out of pocket.

 

John Fox,

Thanks for your feedback.

Yes, I'm using an independent shop, the same one that meticulously repaired my 2005 S-Type when I was hit in it nearly five years ago. They used new Jaguar parts then. They will use new Jaguar parts during the repair of my wife's XK8. Trust me, I WILL MAKE THIS HAPPEN. They fully remember me from their 2009 experience with me and my S-Type. They know I will be dropping in unannounced two to three times per week to inspect their work for the entire period that my wife's XK8 is in their shop. They know they must show me all damaged parts once removed and all new parts (as well as the original boxes and containers that all new parts arrived in) before they are installed. They know that I will back them into a corner and eat them for breakfast if they attempt to shortcut me in any way, shape, or form....

I've been down this road before. This XK8 will be repaired meticulously with all new Jaguar parts. It will be back to its pre-accident condition before we sign off on it and bring it back home so I can begin my testing and analysis of it. I will sue for full Diminished Value, and I will win my case in court....

The only question that remains open is this: Will my wife want her car back permanently? We could be six months or more away from that final answer....

 

Update:

I am meeting our insurance company's adjuster at the body shop this afternoon at 2:00 pm. I expect the adjuster from the offending driver's insurance company to show up between 3:00 and 4:00 pm. I will stick around and meet with him as well....

Initial estimates from both parties should follow within a day or two....

I have re-established contact with my Diminished Value agent and confirmed with him that the rules of engagement are still the same here in North Carolina as they were in 2009. Good news - even his fee has remained the same ($325). Once the car is repaired (I'm guessing three to four weeks out), we'll begin the Diminished Value process....

Let the battle begin....

 

Update:

Both initial estimates have been completed. Our insurance company sees about $5,300 worth of damage. The offending driver's insurance company sees about $5,100 worth of damage. Close enough to where they should be able to come to a mutual agreement this morning so the repair shop can go ahead and get the initial parts on order today. Parts will all be OEM from Jaguar - no aftermarket parts will be slapped on this car....

The insurance claim will remain open throughout the repair process in the event of additional damage that is not discovered until the car starts to be taken apart. No one suspects suspension damage at this point but that is always a possibility since the right front wheel must be replaced due to scratches and scuffs from the accident....

Estimated downtime to repair the car is three weeks. That could extend depending upon parts availability in the US vs. having to ship them in from the UK. We'll see....

 

Thanks for the update Jon...


Keep us posted.

 

Suing for a car that would be immediatly be sold after a repair and having to take a hit on the sale due to the accident makes sense, but suing and keeping the car anyway kind of leaves me with a sour taste. But if that is what you are about each to thier own.

 

Jon, Im sure Im preaching to the choir but they ARE doing a four wheel alignment AFTER they mount the new wheel correct ? Accept nothing less then a 4 wheel alignment. ANYTIME a wheel is replaced or refinished you must do a 4 wheel alignment to make sure nothing in the suspension got knocked out of whack.

 

Whether he sells the car immediately after repair or ten years from now, it will still have an accident in its history, and that could be a turn off for buyers or at the very least a bargaining chip that may cost him money. Nothing untoward going on here.

 

John Fox,

A full four-wheel alignment and Hunter road force balancing on the new wheel once the tire is on are both on the agenda. I put these requirements in writing with the insurance companies and the repair shop after our meeting on Thursday afternoon....



Stamford,

Thanks for your support and eloquent explanation. Wheeble appears to be clueless that due to no fault of our own, we have suffered a diminished value loss regardless of when we decide to sell the car. It will forever carry this accident in its history and the law requires that I disclose it to anyone considering its purchase. That's a big hit that will deter many potential buyers. My wife has already stated that she wouldn't purchase it knowing what happened....

 

I am a little surprised that in an accident so clearly the fault of the other party that you would subrogate the claim through your insurance company. Why not just pursue the opposing party insurance company yourself? It keeps your company out of it and makes you less of a 'problem' customer.

I went after GEICO when some idiot lady ran into my XK8 in the DC area last August. GEICO was her insurance company; they were pretty good about paying FMV for the car (about $7500).

Though I had a pile of receipts from recent repairs (a transmission) to the tune of about $5k, all that would have left me with was a repaired car that by all rights should have been totaled. Yes, I probably could have gone after diminished value but max damage in small claims for Virginia (where the loss occurred) was $5k. I still had a bodily injury claim to negotiate and no guarantee i would be able to make a court date for diminished value.

Instead I beat them over the head about the injuries she caused (they were real -not made up - a genuine injury to my already aching neck). They eventually settled for just over $10k on top of the $7500 for the car. By my research I expected them to low ball me with a $3-5k offer to settle the bodily injury claim, but I think once they saw I was a licensed attorney they got realistic. I probably could have squeezed them for a couple of thousand more but I've got a life to live.

I got reimbursed for the car, the repairs and whatever diminished value there may have been. Let's face it, even in pristine condition a 1997 XK8 with 113k on the clock would only command about $8500, so I'm not sure how much diminishment was at stake. I was satisfied with the result, anyway.

 

Jon89, any photos of the damage, just curious as to the extent of repairs. Are they replacing all dented body panels or repairing? Will the complete car be reprinted?

 

BurgXK8,

I subrogated the claim when I was hit in my S-Type in August 2009. It gave me more control over the repair process and sped up the entire ordeal. I want as much control as possible. Both insurance companies have acknowledged that subrogation works more in my favor for 1) getting all OEM Jaguar parts and 2) getting the car repaired faster. Glad to learn that your unfortunate situation worked out to your satisfaction....


Jandreu,

Yes, there are numerous photos that I took at the scene of the accident when I was already thinking ahead to the Diminished Value process. No, I will not be posting them here. The car gets a new front fender but the insurance companies want to repair the raked passenger door shell rather than replace it. They estimate 10 hours of labor to repair the door at a cost of about $600. I continue to battle for a new door (unfortunately at nearly triple the repair cost). I'm now communicating three levels up in management and am at least being listened to. Whether I can actually convince all parties involved to hang a new door remains to be seen (no question it will be difficult). That's just one of many reasons why pursuing a Diminished Value claim is critical in situations like this....

 

Update:

My selected repair shop's Operations Manager called me this morning to say that their top paint guy is leaving the company this week and their top body repair guy received second and third-degree burns in an accident over the weekend. As a result, they do not believe they can repair my wife's XK8 to my demanding expectations. While I appreciate their honesty, I'll have to punt and find a well-respected shop that can take over. I'm in the process of doing that research now and have narrowed my choices down to two shops. My goal is to finalize my pick by close of business today and get the car over to them no later than tomorrow morning. We're already six days post-accident and time is money for everyone involved....

When it rains, it pours....

 

When it rains, it pours....


Seems like you've been hit by a Nor'easter.

 

Yep, it certainly feels that way. But I've located a suitable shop, met with the owner, and moved the car into his care. They've been very understanding and have agreed to work within our infallible requirement of only new OEM Jaguar parts going onto our car. So we lose a week in the repair process....

My wife is now finally in a rental car paid for by the opposing insurance company, so we can more easily handle the lost time. Her rental car experience makes for a good little story in itself. She started out mid-yesterday morning in a Ford Fusion which she quickly hated because the seat belt harness dug into her neck regardless of how she fidgeted with the variable adjustments. So she took it back yesterday afternoon and asked for a Toyota Camry. They didn't have one available so they put her in a Nissan Altima. Too underpowered and sluggish, she says. So she called them back last evening and asked for a Camry. They told her to come in this morning and they would hold a Camry for her. She's out doing that right now. She may set the US record for most rental cars in a 24-hour period....

 

Update:

Just learned that the first shipment of new Jaguar parts should arrive tomorrow. The restoration process can then commence. Plus, the shop owner is storing my wife's XK8 inside rather than allowing it to sit outside in the barbed-wire fenced storage lot with the other cars waiting their turn for repairs. Now that's service....

 

Jon89, I wish you all the best throughout this ordeal. Glad your wife is alright, physically speaking. I'm sure the emotional scars will persist.

I noticed from your signature that the car in question is an 06 VE. I sincerely hope you can convince her to keep the car in your stables; it will be difficult to come across another, and a car like this deserves an owner like you -even post-accident.

Interesting read about the diminished value proceedings in NC. I've been fortunate enough to have never been involved in an accident, but I plan to read up on the laws here in IL just in case. Also interesting note about having a clause written in about only OEM parts being used; will be looking into that as well.

I feel you're fully justified in suing for diminished value, whether you keep the car or not. As you said, that blemish will follow the car for the rest of its life. My first car I purchased was, at the time, a 3-year old Ford Explorer. 80,xxx miles on the clock. Was rear ended when it was a year old and repaired by the dealer's body shop with a clean title. As a result of the history, was able to purchase the car for nearly $4k less than FMV of an undamaged example.

Anyway, please keep us apprised of the status of the repairs and the case. The sooner you can say goodbye to the Camry, the better. Best of luck to you.

 

01Silverstone,

Thanks for the kind words....

My wife knows her 2006 Victory Edition will be extremely difficult to replace, especially since she requires a white exterior with a beige interior and I require less than 50,000 miles on the odometer. I know the car will be repaired pristinely. I will be dropping in unannounced throughout the repair process to see to that. Whether her car remains in our stable remains to be seen. This accident really took its toll on her. No physical harm, but the emotional damage still reverberates. She couldn't sleep for three days afterwards....

She's talked about going back to an SUV as her daily driver. No question they are safer and offer more protection. She drove SUVs from October 1985 until she fell in love with XK8s in November 2011 and we finally located and purchased hers in February 2012. Once she had her XK8, she drove her Lexus SUV a grand total of twice in six months. I told her if she wasn't willing to drive her SUV more frequently to keep it in good running order, I would sell it. She still didn't drive it, so I was good to my word and sold it....

We'll see what happens when her beloved XK8 returns looking perfect again. We'll need a month or two to shake it down and then I'll see how she feels about it. I've reminded her multiple times that the chances of finding a similar one in acceptable condition are very slim....

 

Update:

We've been paid in full (including our $500 collision deductible) by both insurance companies for all known damage thus far. I must admit that both insurance companies involved have been wonderful to deal with (we're with Geico, the offending driver is with Allstate). The repair process continues. There's a chance the XK8 could be back in our possession by the end of next week....