Car totalled. Would be very appreciative of some guidance

[whitex]

The vehicle was in the tire shop's possession at the time of the accident, so their insurance should be involved, even the if the fault was on the other driver. Essentially @dflohr claims against the shop, the shop then claims against the other driver, adding any claims for their employee driving the car at the time who might require medical costs/leave reimbursement. Also, one point worth raising, was the drive to register the TPMS necessary/approved? I've changed tires at my local tire shop, including the Taycan, and they never drove it anywhere, just told me it will take a few miles to register and if it doesn't, to come back.

IMO it is worth a conversation with an attorney, then decide where to go from there. Not all claims go as smooth as @Archimedes's experience. I've had smooth claim experiences, one time totaling a six digit priced car (100% the other driver's fault, but they were uninsured to it all came out of my uninsured motorist coverage) as well as not so smooth experience I am going through right now with a much cheaper Toyota Corolla where the fault was also allocated to the other parties (2 of them, which is where the complications start - one party owned up but the other did not, prolonging the process, I think they hope it will just go away by aging out).

Side note, this reminded me of the only time I ever drove a Boxter convertible - it was a loaner while I was servicing my 911 (over 2 decades ago). I remember getting sunburned as I never usually drive convertibles. On the way back to the dealership, one of the dealer's employees ran into the Boxter with a giant pickup truck maybe 100ft from the service department - the boxter was so low they couldn't see it over their hood. They were so thrilled I was fine, told me to just take my 911 back and not worry about anything else, that they'll take care of everything, which they did since I never heard about this incident ever again.

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[RoseyPSU]

Definitely get an attorney to go after USAA and TiresPlus. I've heard some attorneys won't charge you unless they win the case. Can anybody compare results from an attorney who charges versus an attorney who only charges upon winning? Also, I suggest not posting any negative reviews about TiresPlus until everything's settled. Good luck.

You most likely won't find an attorney who will take a property damage case only on a contingency fee (i.e., they don't charge you unless they win). You also don't want that. Using round numbers, if USAA offers you $50k on your own, but you get a lawyer involved who charges a contingency fee of 33% and they get USAA to offer you $60k, you're actually worse off because that 1/3 fee reduces your net to $40k.

If you're going to get a lawyer involved, you want one who will charge hourly. That being said, I'd try to work this out with USAA on your own first. There's no rush, so see what you can do negotiating on your own. You can always get a lawyer later on down the road if you don't think USAA is treating you fairly. You also don't necessarily need to get TiresPlus involved if you get a fair payout from USAA.

You can also go through your own insurance company if you're having trouble with USAA (assuming you have collision coverage). Your company will pay you out less the deductible and then will go get your deductible from USAA.

Source: I am one of those lawyers who handles these cases. @dflohr, DM me if you have any specific questions or want the name of a lawyer in the Atlanta area.

 

[javelincoach]

100% agree. Hire an attorney. Tires plus may not be assigned blame for the accident but the vehicle was in their care and they have a duty of care to ensure your car is returned to you in the same condition it was left when you gave them the keys.
I’ve had tyre pressure sensors replaced and they’ve never needed to take my vehicle for a spin to register it. The only issue may be that the vehicle needs a bit of time before the code clears when they do the diagnostic checks.

Hire an attorney now. The increase in payout that you get will likely more than offset the fees and time wasted on your part. The attorney will likely ask for compensation from both the driver and the shop, and the fact that you are represented will make it easier for both insurance companies (driver and tire shop) to pay out a higher amount.

 

[TDinDC]

You can of course wait and see how it goes, but it really does matter how much your time is worth to you. Many of us theoretically could build a house, perform plumbing repairs, rebuild a car, or even represent ourselves in court. That doesn’t mean it would be wise or economically efficient to do so (unless you enjoy it).

Agree that this is not a good candidate for contingency. Just an hourly engagement with someone who honestly knows these issues and has dealt with these companies. This should not take a lot of time to resolve

For me personally, I would consider it a luxury to have it sorted for me without wasting any time on an annoyance that was not my fault.

But hey, to each his or her own.

 

[Crick]

You are ahead of the game since the SUV driver has USAA and the police report ID’s that driver as at fault. USAA is a stand up org. I’ve had USAA insurance for 40 years.

Reinforcing here an earlier comment regarding notifying your own insurance company. In previous experiences, USAA (as my insurer) has gone to bat for me.

Regarding the tire co test driving your vehicle, I would bet a donut that the service contract fine print allows for test drives. It may also states that you agree that their shop people are covered by your insurance - just as your insurance would cover any driver to whom you lent your car.

Let us know how it goes.

 

[Bertibasset]

Not my 2021 Taycan thankfully.

Had my factory built 2007 Boxster S in at a local TiresPlus shop simply to replace one of the tire pressure sensors. They drove it around the block to get the sensor registered when a woman in a large SUV decided to make a U-turn from a left turn lane. Boxster was hit, spun, and went over a curb. Pics here and my understanding is that it’s totalled.

Claim filed already with SUV insurer USAA as the police report assigned blame to their driver. TiresPlus (of course) says they have no responsibility.

Looking for some advice and suggestions on dealing with USAA in negotiating compensation as I imagine the game is to pay as little as possible. Also wondering if TiresPlus might have some responsibility since I brought the car in and they obviously did not return it. Incidentally, they didn’t even call me. Four hours after the accident I called them to see when my car would be ready……

First and foremost they should of contacted you straight sure you can claim against them we would in the UK and you guys started the claim culture off years ago??

 

[dflohr]

This is an amazing forum. Thank you all for the suggestions and thoughts. Really hoping legal won't be needed.

Process started with USAA so I'll have to see how it plays out.

 

[tchavei]

This is an amazing forum. Thank you all for the suggestions and thoughts. Really hoping legal won't be needed.

Process started with USAA so I'll have to see how it plays out.

Let us know how it goes. We're all curious now.

 

[madeyong]

You most likely won't find an attorney who will take a property damage case only on a contingency fee (i.e., they don't charge you unless they win). You also don't want that. Using round numbers, if USAA offers you $50k on your own, but you get a lawyer involved who charges a contingency fee of 33% and they get USAA to offer you $60k, you're actually worse off because that 1/3 fee reduces your net to $40k.

If you're going to get a lawyer involved, you want one who will charge hourly. That being said, I'd try to work this out with USAA on your own first. There's no rush, so see what you can do negotiating on your own. You can always get a lawyer later on down the road if you don't think USAA is treating you fairly. You also don't necessarily need to get TiresPlus involved if you get a fair payout from USAA.

You can also go through your own insurance company if you're having trouble with USAA (assuming you have collision coverage). Your company will pay you out less the deductible and then will go get your deductible from USAA.

Source: I am one of those lawyers who handles these cases. @dflohr, DM me if you have any specific questions or want the name of a lawyer in the Atlanta area.

I agree with this. I doubt lawyers will be interested in this without there being any bodily injury. Sad but true. There is just nothing in it for them unless you pay by the hour and that likely is not profitable for you.

That being said, I would take a couple of no fee consultations from reputable attorneys and see what they say and what advice they can give you re: dealing with the shop and it’s insurer.

 

[LonePalmBJ]

I've got nothing to contribute other than to say I'm sorry this happened. I hope you guys are doing well.

Brent

 

[Tucson_Jim]

Hiring an attorney for a collision loss is premature and overkill in my opinion. USAA does a good job of settling claims and unless they're completely off the mark in their discussions with you, involving an attorney is only going to prolong the process (plus, those guys don't work for free).

If you have collision coverage with your own insurance company, a good next step is to contact them and report the claim as well. They can take over the process for you, short cut dealing with USAA and subrogate (get reimbursement for) any deductible you might have on your policy.

If it were me, I'd give USAA a chance. My granddaughter's car was totaled last year when she was hit by a Lucid pickup insured with USAA. They gave her a good settlement that took into account the tight car market when they priced it out.

Just my two cents.

 

[dflohr]

It has now been two months since my 2007 987 Boxster S was totaled while in the hands of a tire shop. (Fortunately, no one was injured)


Today finally agreed on the value and wanted to share the resolution experience. I hope this helps anyone where their car gets wrecked with no fault of their own.

• After the wreck, some of the local Peachstate PCNA members became aware and within a few days, two very sympathetic retired lawyer members reached out with condolences and some very sage advice and thoughts. (Was told that since there was no personal injury, no lawyer would have any interest in the case)

• At the advice of many, I found and retained a company that specializes in diminished value and wrecked vehicle appraisals to represent me. Turned out to be a great $400 investment

• I assembled and neatly organized all of my extensive documents, invoices, pictures, upgrades, maintenance records, original sticker etc for my appraiser.

• The tire shop was not responsible for the accident so I first had to deal with the accident causers USAA insurance. Communication was very spotty but after two weeks of trying, got their “low” appraisal. Interestingly it was higher than I expected and was unaware that I would also be entitled to get back the sales tax (7%) on the final agreed to value. They told me it was final and non-negotiable. $25,423 before tax.

• At the advice of my appraiser, I went back to my insurer, Allstate, and exercised my subrogation clause where they would pay me and then go after USAA.

• This process triggered Allstate’s own internal appraiser and he provided an appraisal very similar to USAA since they both used CCC One for the appraisal.

• At the same time, my appraiser took all of my documents and created a very comprehensive 50 page appraisal report (a lot was boilerplate citing state laws, his experience and certifications etc) He put in everything and the appraisal came out to $38,200 before tax. He told me not to expect anything like that.

• Again at the advice of my appraiser, I told Allstate that I was rejecting their appraisal and exercising my appraisal clause. This required them to then hire an outside appraiser which they did. I supplied them my guy’s $38K appraisal

• The company they hired, Crawford and Company, looked at my appraisers report and did it’s own appraisal. They came in at $27,856 before tax.

• It took two more weeks but my appraiser negotiated with the Crawford appraiser and both agreed on $28,924 before tax and some fees. Will end up almost $31K less the $400 to my appraiser.

• Allstate told me it would take a week or so to have the funds to me. And no effect on my rate since it was not my fault.

While it took almost 2 months, I'm very happy with the resolution despite the loss of my 2007 Boxster S. I can’t imagine ever being able to have sold the Boxster privately for that much.


Since I needed a car and since I’m waiting to accompany our Taycan with the future Boxster EV, I bought a late model 2022 12K miles ridiculously loaded 2-door Jeep Wrangler (always wanted a Jeep) which will likely hold its value until Porsche delivers.


Hope the above helps someone in the future.

 

[bsclywilly]

Sounds like you'd recommend the diminished value vehicle appraisal company. Would you mind sharing who that was?

My parents recently went through something similar with their Class B RV. Good tips here.

 

[dflohr]

Sounds like you'd recommend the diminished value vehicle appraisal company. Would you mind sharing who that was?

My parents recently went through something similar with their Class B RV. Good tips here.

bsclywilly, I'm in Atlanta and doubt the company I hired, WreckCheckAtlanta, would be familiar with CA laws. At the beginning, I found three different local companies that provide this appraisal service and had calls with all of them. Liked this guy the best and it paid off.

I searched "vehicle diminished value san jose ca" and several came up. Definitely worth hiring someone for this service. The insurance game is really stacked against you especially if you have limited experience with claims like the one I had.

 

[bsclywilly]

Thanks, I didn’t think it was region specific as they do a search nationwide. We’re past that point now, but like you, the offer they got from the ins. co we thought was good at the time but in the back of our minds we did wonder if we could get better. Glad your experience worked out well.

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