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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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My car was rear ended today by someone who himself was rearended

This answer was rated:

My car was rear ended today by someone who himself was rearended by a lady. All 3 of us exchanged info. and signed a paper where we said who rear ended whom.

There seems to be very minor damage to the rear bumper.

We all have the same insurance AAA which probably makes it easier but the question I had was : does it affect the value of my car? Will it show up on carfax?

If so any way I can be compensated? The insurance co said they will most likely replace my installed car seat..

Dimitry K., Esq. :

Thank you for your question.

Dimitry K., Esq. :

Please permit me to assist you with your concerns.

Dimitry K., Esq. :

That is a good question. If you formally report the accident to your insurance company, it will appear on the Carfax especially if the damage was major.

Dimitry K., Esq. :

Minor damage is generally not reported.

Dimitry K., Esq. :

As for your losses, some insurance policies provide additional coverage based on loss of value stemming from the accident based on trade-in value.

Dimitry K., Esq. :

You can request it as part of your demands

Dimitry K., Esq. :

The insurance company has to replace all of the damaged parts, which includes vehicle damage and damage to your property inside the car that likewise sustained damage

Dimitry K., Esq. :

if that includes your car-seat, then the insurer has to cover it.

Dimitry K., Esq. :

Does that make sense?

Customer: I see so the agent is going to call me tomorrow ..so I'll see if I can demand depreciation?
Customer: Is there a value under which its bit reported on carfax? Hiw long dies it take anyway for it to be reported?
Customer: I meant *not* not 'bit'
Dimitry K., Esq. :

That is correct, you can request depreciation value based on loss you'd suffer at resale

Customer: Is there a way to calculate potential loss of value?
Dimitry K., Esq. :

I cannot answer the second question with accuracy as I have seen fender benders listed but at times body damage missing. There is as yet no guidelines that I am aware of.

Dimitry K., Esq. :

For value you can contact dealers or review places such as kelley bluebook or edmunds to estimate the value based on loss in value due to a reported damage to vehicle.

Customer: Hmm ok how long does it take to be reported to carfax?
Dimitry K., Esq. :

If reported, it can appear in the system within a week

Customer: Ok
Customer: Any advice on anything else ?
Customer: Sorry this is my first time dealing with this
Dimitry K., Esq. :

My apologies but I really cannot provide you with direct legal advice. That would violate site rules. But I can make suggestions.

Dimitry K., Esq. :

First suggestion...and the hardest. Take a breath

Customer: Yeah go ahead
Dimitry K., Esq. :

you are okay, you weren't injured, and that is the most important thing

Dimitry K., Esq. :

everything else is annoying to deal with and an inconvenience, but not really that serious ovarall

Dimitry K., Esq. :

If you were injured in any way it would be a different story

Dimitry K., Esq. :

second, listen to what offer will be made to you

Customer: Sure
Dimitry K., Esq. :

there is no need to contest it yet, simply listen

Dimitry K., Esq. :

he will potentially need a list of all items damaged including the vehicle (and yourself)

Dimitry K., Esq. :

so review if any other personal items were destroyed

Customer: Ok...
Dimitry K., Esq. :

all of that is part of the amount you can request

Dimitry K., Esq. :

third, state that you will take the vehicle to your own mechanic for an estimate

Dimitry K., Esq. :

in your situation you have the ability to pursue both parties for your losses, so if one does not cover it, the other will

Customer: Oh I see
Dimitry K., Esq. :

and then when you have a basis for your losses, make a request to that company for your losses

Customer: We are all in the same insurance co thiugh
Dimitry K., Esq. :

makes it easier and harder at the same time. easier because no foreign enties are involved but harder as they would attempt to provide you with the lowest amount possible

Dimitry K., Esq. :

in any case, ask if you have coverage or if any of them had coverage that would cover the loss in value

Dimitry K., Esq. :

And that is really about it. If they agree, then you are free to go and repair your vehicle.

Customer: Also all of us were pretty much in agreement on who was at fault..no way it will ding my record or insurance right? Any suggestions On that?
Dimitry K., Esq. :

it's not your fault--you were an injured party

Customer: Yeah
Dimitry K., Esq. :

it shouldn't affect your insurance since it would be 'their' insurance covering the losses, something you can insist upon with their representative

Dimitry K., Esq. :

Hope that helps!

Customer: Yeah it does
Customer: Thanks a lot!
Dimitry K., Esq. :

You are most welcome, glad to help. Should you need me again, please request me by name.

Customer: We signed a piece f paper restating the same
Dimitry K., Esq. :

Otherwise, if satisfied, please do not forget to positively rate my answers to you.

Customer: I have a pic of it in my iPhone too..
Dimitry K., Esq. :

That paper is potentially actionable but insurance does not have to honor it.

Customer: Ok
Dimitry K., Esq. :

They will still designate them as at fault because you were struck

Customer: Cool thanks!
Customer: That was helpful
Dimitry K., Esq. :

Glad to hear it!

Customer: Have a good one!
Dimitry K., Esq. :

Same to you!

Dimitry K., Esq. and other Traffic Law Specialists are ready to help you