The V8 is back: IS 500 F SPORT Performance. Part 2 2022 Sales & Delivery Discussions
04-24-22, 09:02 AM
#151
Pole Position
Mic tap....oh...turning my mic on. Ok inquiring minds. It was a packed, busy and annoying week. Yes, it was Elektra and I that got hit last Tuesday by a lady that ran a red light. Haven’t even made the first payment and at 335 miles. Passenger side wheel, fender and part of the door are damaged. Preliminary estimate is $2,638. I expect it to be more because the wheel took the brunt of it. While having my temper tantrum before getting out I expected to see more. She’s currently hanging out at a Lexus Certified Shop and currently no idea on how long she will there. Hope I can get a better idea tomorrow. Currently have a 2020 Elantra with 60,000 miles and Minnesota tags and I can tell she’s gone through hell! Never had a rental with over 10,000 but this too shall pass. I am fine and yes, I am still pissed, having withdrawals and still having temper tantrums!!!
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04-24-22, 09:15 AM
#152
Lead Lap
Carolina - I am so sorry to ear about your accident but I am confident she'll be back on the road in no time as with the smiles that every miles this car brings to all their owners!! To be honest, I would have been extremely furious so you have every right to be mad as hell!! I can't understand how people can run a red light?!? I mean seriously, as a driver, you are to pay attention to the road so how do you go through an intersection and not aware of the lights! In addition to insurance claim, I think I would actually launch a civil lawsuit and sue the crapoola out of her...
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04-24-22, 09:33 AM
#154
Lead Lap
^^ I am happy that he wasn't injured and I think he confirmed that, but I would find a way to make this person pay for loss of value, emotional distress, loss of use and so on.
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04-24-22, 09:35 AM
#155
In the US as long as you have a pulse you can get a license. The person who hit Carolina probably has no business driving a car.
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04-24-22, 09:35 AM
#156
Instructor
So a frivolous lawsuit? Courts really don't like those. Loss of use is non-existent since he has a rental. No court is going to recognize "emotional distress" for not having a Lexus for a while; and to establish an actual emotional injury, Carolina would need medical evidence. Loss of value is a quagmire that arguably doesn't exist.
04-24-22, 10:20 AM
#157
Mic tap....oh...turning my mic on. Ok inquiring minds. It was a packed, busy and annoying week. Yes, it was Elektra and I that got hit last Tuesday by a lady that ran a red light. Haven’t even made the first payment and at 335 miles. Passenger side wheel, fender and part of the door are damaged. Preliminary estimate is $2,638. I expect it to be more because the wheel took the brunt of it. While having my temper tantrum before getting out I expected to see more. She’s currently hanging out at a Lexus Certified Shop and currently no idea on how long she will there. Hope I can get a better idea tomorrow. Currently have a 2020 Elantra with 60,000 miles and Minnesota tags and I can tell she’s gone through hell! Never had a rental with over 10,000 but this too shall pass. I am fine and yes, I am still pissed, having withdrawals and still having temper tantrums!!!
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04-24-22, 10:48 AM
#158
wthrman, it's the worst it's ever been. 60% of drivers in the US should not have a license. I wish it was like Germany where you have to pass a real test. It wouldn't be a perfect solution but it would take a lot of bad drivers off the road.
In the US as long as you have a pulse you can get a license. The person who hit Carolina probably has no business driving a car.
In the US as long as you have a pulse you can get a license. The person who hit Carolina probably has no business driving a car.
Carolina, I'm so glad you're alright. I'm sure you've heard it before, but cars are just stuff. It can be fixed, but sometimes your health isn't as fortunate. And you didn't get arrested for going ape **** on the dumbest who hit you so there's a plus too
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04-24-22, 11:01 AM
#159
Pole Position
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Carolina50 (04-24-22)
04-24-22, 01:18 PM
#160
So a frivolous lawsuit? Courts really don't like those. Loss of use is non-existent since he has a rental. No court is going to recognize "emotional distress" for not having a Lexus for a while; and to establish an actual emotional injury, Carolina would need medical evidence. Loss of value is a quagmire that arguably doesn't exist.
But the bar for loss of use & loss of value seems to be much lower in parts of the States. In Texas, for example, loss of use is recoverable and can be valued at what is equivalent to the thing you no longer have access to, so a Hyundai rental would fall short of not having your $65k new Lexus. But had they instead provided a competing brand’s luxury rental car that would pretty much negate the loss of use claim. Of course, insurance companies don’t volunteer to pay for the more expensive option, but that seems to change when you push back. And you don’t even have to get the rental as that’s just a proxy used for valuation purposes, can just take the $$ instead.
Similarly loss of value is pretty easily recoverable. There are 3rd party companies who will create valuation reports detailing the difference between a clean title car and one with your specific accident history, and in my experience insurance companies stop balking at paying for loss of value when presented with that info.
Years ago, the trailer of a moving company side swiped my then daily driver (an older Camry Hybrid). Without much of a fight their insurance paid ~$6000 total for loss of use and loss of value, plus ~$2200 for the actual repairs. Even when my motorcycle was stolen in college my own insurance company oddly volunteered to pay for loss of use $$$ up to the settlement date (ended up getting more $$ than I what spent buying the motorcycle new two years earlier). Don’t get me wrong, most are happy with just getting the rental car and having their car fixed, but my stubborn Irishness enjoys fighting the man.
Related, in many states in case like this the opposing party is also on the hook for your litigation costs if your pre-litigation settlement offer ends up being within a certain percentage of what a court/jury eventually awards. Serves as a deterrent to the more powerful party unnecessarily dragging things out. So once you’ve produced documentation supporting your claimed damages, insurance companies become quick to payout when you mention that $600/hour litigator buddy/neighbor/cousin/etc of yours.
04-24-22, 01:55 PM
#161
Instructor
Completely agree that emotional distress would be a nonstarter in this situation.
But the bar for loss of use & loss of value seems to be much lower in parts of the States. In Texas, for example, loss of use is recoverable and can be valued at what is equivalent to the thing you no longer have access to, so a Hyundai rental would fall short of not having your $65k new Lexus. But had they instead provided a competing brand’s luxury rental car that would pretty much negate the loss of use claim. Of course, insurance companies don’t volunteer to pay for the more expensive option, but that seems to change when you push back. And you don’t even have to get the rental as that’s just a proxy used for valuation purposes, can just take the $$ instead.
Similarly loss of value is pretty easily recoverable. There are 3rd party companies who will create valuation reports detailing the difference between a clean title car and one with your specific accident history, and in my experience insurance companies stop balking at paying for loss of value when presented with that info.
Years ago, the trailer of a moving company side swiped my then daily driver (an older Camry Hybrid). Without much of a fight their insurance paid ~$6000 total for loss of use and loss of value, plus ~$2200 for the actual repairs. Even when my motorcycle was stolen in college my own insurance company oddly volunteered to pay for loss of use $$$ up to the settlement date (ended up getting more $$ than I what spent buying the motorcycle new two years earlier). Don’t get me wrong, most are happy with just getting the rental car and having their car fixed, but my stubborn Irishness enjoys fighting the man.
Related, in many states in case like this the opposing party is also on the hook for your litigation costs if your pre-litigation settlement offer ends up being within a certain percentage of what a court/jury eventually awards. Serves as a deterrent to the more powerful party unnecessarily dragging things out. So once you’ve produced documentation supporting your claimed damages, insurance companies become quick to payout when you mention that $600/hour litigator buddy/neighbor/cousin/etc of yours.
But the bar for loss of use & loss of value seems to be much lower in parts of the States. In Texas, for example, loss of use is recoverable and can be valued at what is equivalent to the thing you no longer have access to, so a Hyundai rental would fall short of not having your $65k new Lexus. But had they instead provided a competing brand’s luxury rental car that would pretty much negate the loss of use claim. Of course, insurance companies don’t volunteer to pay for the more expensive option, but that seems to change when you push back. And you don’t even have to get the rental as that’s just a proxy used for valuation purposes, can just take the $$ instead.
Similarly loss of value is pretty easily recoverable. There are 3rd party companies who will create valuation reports detailing the difference between a clean title car and one with your specific accident history, and in my experience insurance companies stop balking at paying for loss of value when presented with that info.
Years ago, the trailer of a moving company side swiped my then daily driver (an older Camry Hybrid). Without much of a fight their insurance paid ~$6000 total for loss of use and loss of value, plus ~$2200 for the actual repairs. Even when my motorcycle was stolen in college my own insurance company oddly volunteered to pay for loss of use $$$ up to the settlement date (ended up getting more $$ than I what spent buying the motorcycle new two years earlier). Don’t get me wrong, most are happy with just getting the rental car and having their car fixed, but my stubborn Irishness enjoys fighting the man.
Related, in many states in case like this the opposing party is also on the hook for your litigation costs if your pre-litigation settlement offer ends up being within a certain percentage of what a court/jury eventually awards. Serves as a deterrent to the more powerful party unnecessarily dragging things out. So once you’ve produced documentation supporting your claimed damages, insurance companies become quick to payout when you mention that $600/hour litigator buddy/neighbor/cousin/etc of yours.
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Brandonfu (04-24-22)
04-24-22, 03:28 PM
#162
I thought insurance companies cover loss of value constantly? The car will have diminished value now with an accident on the record. The insurance should cover that, plus repairs.
In other news, the transmission has been impressing me lately! We cruised up to the lake/river yesterday and it was so smooth I couldn't feel it shift while cruising over. Then I popped it in manual and nailed a 1-2 shift at 7200ish RPM and the car shifted so hard the back end stepped out a little and traction control kicked on It is a blast!
In other news, the transmission has been impressing me lately! We cruised up to the lake/river yesterday and it was so smooth I couldn't feel it shift while cruising over. Then I popped it in manual and nailed a 1-2 shift at 7200ish RPM and the car shifted so hard the back end stepped out a little and traction control kicked on
It is a blast!
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04-24-22, 03:36 PM
#163
Instructor
It's jurisdiction specific but in general, loss of value claims are speculative. It's hard to value a loss that hasn't actually occurred and that changes depending on things like location, the market, vehicle type, usage, and when the loss is said to crystallize. This is why in some jurisdictions such claims are virtually nonexistent.
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Brandonfu (04-24-22)
04-26-22, 09:15 AM
#164
Driver School Candidate
acura of pines has one used for 72k
Atomic silver on red
https://www.acuraofpembrokepines.com...ource=cars.com
Atomic silver on red
https://www.acuraofpembrokepines.com...ource=cars.com
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Brandonfu (04-26-22)
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