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Accident on 1st Day :(

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I don’t know Texas laws, but in California yes, the other parties insurance is responsible for everything. However, they will try to tell you otherwise and you’ll need to stick to your guns. They will send to a cheaper rental car company. They will try and send you to a discount body shop; “That body shop isn’t on our approved list”, funny how good body shops are not on their list. Stand in front of the mirror and practice saying ”NO”. If you want a Tesla tell them your going to one of the big two to get a Tesla.

Two cars ago I had a Chevy Tahoe. It was a magnet for distracted drivers, the body shop owner told me I was one of his best customers.

I learned quickly how some insurance will lie to you about your rights after an accident. Mercury told me the other party didn’t have rental car on their policy. Yea, that has nothing to do with me. Later she told me I had to return the car after 7 days. I simply kept the rental until my car was repaired.
Screw all of this noise and t'hell with the other driver's insurance. It's not YOUR insurance so why bother? You have exactly zero obligation to work with the other person's insurance. None.

Why people bother to take the load of bovine excrement they try to shovel them in a not-at-fault accident is beyond me. The other person's insurance is only there to insulate them from a potential lawsuit. None of those are your concern so I sure wouldn't take advice on things like where I can or can't fix my car that their driver hit.

You have full insurance coverage, file via subrogation with your insurance company. That's what you pay premiums for which is also why your insurance company will be better to work with since you're their customer. You'll get a check from your insurance less your deductible, until fault is established. If the other driver is at fault (sounds pretty cut & dry in this case) then as soon as their insurance accepts fault your insurance company will reimburse your deductible as well.

Simple as that.

Doesn't affect your premiums or anything. It's truly the only way to handle stuff like this and I don't know why people even waste time trying to jump through all of the wacky hoops the other driver's insurance will try to make them jump through making things more difficult and (likely) shorting them on the payout/repairs they're due.

If your insurance company is anything but great to work with through this then you need to find a new insurance company too. It's a crappy situation but look at the bright side: great test for your insurance company and their response to claims w/o having to take a hit on your premiums.
 
This is my first ever brand new car. I purchased it on December 31 in the afternoon. 20 minutes after midnight what seemed like a drugged driver rammed into my stationery vehicle while waiting to get out of a parking lot after taking the family to watch fireworks. The car had 45 miles on it!

The other person’s insurance are handling it. I have an appointment at a Tesla Collision Center on Friday.

The car makes a loud groaning noise and I don’t feel safe driving it on highways. The wheel took a direct hit. Also I can barely open my door.

The experience is traumatizing for my family. We waited years to buy a new car.

I am extremely turned off driving a brand new car that undergoes heavy repair. I don’t think it will ever feel new. I bought it with 3 miles on it 2 days ago.

I’m guessing it will end up costing $20-$30k to repair. Maybe I’ll get $5k of DV as well.

The loan from Tesla isn’t even in effect nor do I have registration. Any logic in going back to Tesla and negotiating anything? I won’t even know if this car has any issues because I won’t be driving it for a while during warranty!!

Thanks


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Don’t be discouraged
That is minor damage vs a total
I’ve done worse, backed into a crash pole at a supercharger with a week of purchase
If it’s a Tesla collision center, rhe repair will be perfect and warranted
All will be replaced as new
Make sure they replace the rim and tire also
Good luck
 
Sorry this happened to you, OP but life isn't fair.

I had a hit-and-run on my 3-week old Y last year and it took 4.5 months to repair and my insurance paid close to 5K to the shop to get it to factory condition. We never found the guy and had to pay my deductible for the Tesla to be fixed to that was a double whammy for us.

Your CarFax will show the accident, of course and no way Tesla is going to do something about your accident as after the Tesla leaves the lot, it's your own responsibility now, sorry.

Have her fixed and once it's back, enjoy it to the fullest! Life's too short to worry about material things. It will get better!
 
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Your CarFax will show the accident...
Not necessarily.

It's important that people realize that it's entirely up to the body shop doing the repair to report the repairs. If they don't (and most don't) then there is no accident history. Nothing.

Carfax has one of the most amazing marketing departments of any company because they way people take what Carfax says or doesn't say as gospel these days is astounding. LOTS of used cars out there being bought w/o a history report and new owners completely oblivious because... "hey, Carfax is clean" so they don't bother to even inspect the thing carefully before buying.

Summary: inspect EVERY used car purchase as if it HAS been repaired and you're getting paid to find where. Car history report entities (read: Carfax, et al) only tell you were to look closer. More people taking this approach would create fewer nightmare scenarios.

I agree with most of what else you said but we have to do better at not presenting Carfax as the undeniable source of truth in conversations like this and marketing their flawed product for them for free so fewer people see it as the source of truth that most of us understand it is not.
 
Not necessarily.

It's important that people realize that it's entirely up to the body shop doing the repair to report the repairs. If they don't (and most don't) then there is no accident history. Nothing.
If OP would go through a Tesla-certified bodyshop, I'm 100% sure it would be reported. There's no option of not reporting it as that touches the line regarding honesty and even fraud.

If I'm buying a second-hand vehicle, I would not be happy if I discovered an accident or two that's not reported in CarFax (or similar bodies) after inspection.
 
this really sux, and I feel for you. But concurring with others -- take it only to a Tesla-certified shop. Let the insurer complain all they want. Their guy damaged your car and they have to fix it to YOUR standards.
Fixed that for you.

In the end, you're not obligated to work with the other driver's insurance at all so any of these idiotic stipulations they've provided don't apply to you.

I'd cease comms w/the other insurance company now. Whatever your last communication with them was was the last one. Your next call is to your insurance company to begin the subrogation process via their terms which will be far more beneficial for you, as their customer. Take the car to shops of YOUR choosing and get things done on YOUR terms.

This wasn't your fault and you shouldn't have to deal with any of this but the least you can do is have it fixed to YOUR standards on YOUR terms.
 
If OP would go through a Tesla-certified bodyshop, I'm 100% sure it would be reported. There's no option of not reporting it as that touches the line regarding honesty and even fraud.

If I'm buying a second-hand vehicle, I would not be happy if I discovered an accident or two that's not reported in CarFax (or similar bodies) after inspection.
That's not what I said with my response so please don't put words in my mouth or insinuate I said anything along those manipulation lines.

What I did say is that it's ENTIRELY up to the repair shop to report repairs and most don't. Whether they do or not is completely independent of what anyone tells to them to do or even asks them to do so I wasn't suggesting that. It's not even 100% for Tesla shops as you mentioned as it's literally up to the shop manager to do the extra work to reach out to Carfax to report the repair.

In other words, it's additional work in what is a very busy industry. There is zero incentive or legal requirement for them to do so. Again, fabulous marketing by Carfax to make it seem like it's anything other than it actually is in reality.

The only intent of my post was for people to realize that it's entirely inconsistent and they shouldn't put any faith in what a vehicle history report says which is news for lots of people reading these posts, believe it or not.
 
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It's important that people realize that it's entirely up to the body shop doing the repair to report the repairs. If they don't (and most don't) then there is no accident history. Nothing.
In most states you are required to file an accident report if there is more than minor damage. They collect data from those as well...

They may also pull information from the national insurance database...
 
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What I did say is that it's ENTIRELY up to the repair shop to report repairs and most don't. Whether they do or not is completely independent of what anyone tells to them to do or even asks them to do so I wasn't suggesting that. It's not even 100% for Tesla shops as you mentioned as it's literally up to the shop manager to do the extra work to reach out to Carfax to report the repair.

In other words, it's additional work in what is a very busy industry. There is zero incentive or legal requirement for them to do so. Again, fabulous marketing by Carfax to make it seem like it's anything other than it actually is in reality.

The only intent of my post was for people to realize that it's entirely inconsistent and they shouldn't put any faith in what a vehicle history report says which is news for lots of people reading these posts, believe it or not.
IDK about you guys in Colorado but the vehicles and the (unfortunate) accidents I have had in the past, as with my relatives and family in Canada - are all reported to CarFax. They are very trustworthy source of vehicle history and information up here so I find your stance with them very...interesting.

You've dealt with really shady bodyshops out there for you to really stick to this premise, and I'm not blaming you if you're saying these from personal experience.
 
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This is my first ever brand new car. I purchased it on December 31 in the afternoon. 20 minutes after midnight what seemed like a drugged driver rammed into my stationery vehicle while waiting to get out of a parking lot after taking the family to watch fireworks. The car had 45 miles on it!

The other person’s insurance are handling it. I have an appointment at a Tesla Collision Center on Friday.

The car makes a loud groaning noise and I don’t feel safe driving it on highways. The wheel took a direct hit. Also I can barely open my door.

The experience is traumatizing for my family. We waited years to buy a new car.

I am extremely turned off driving a brand new car that undergoes heavy repair. I don’t think it will ever feel new. I bought it with 3 miles on it 2 days ago.

I’m guessing it will end up costing $20-$30k to repair. Maybe I’ll get $5k of DV as well.

The loan from Tesla isn’t even in effect nor do I have registration. Any logic in going back to Tesla and negotiating anything? I won’t even know if this car has any issues because I won’t be driving it for a while during warranty!!

Thanks


View attachment 1005290
Man that sucks! I got rear-ended about one month into my ownership in October, 2021, so I definitely feel your pain.

Did you save the dashcam clip? That should make it crystal clear who's fault it is.

For my accident, I called my insurance but the other driver's insurance also called me and assumed 100% responsibility. I did go through my insurance for everything, except my rental car coverage was 30 days and didn't last the duration of the repair time, which as a month and a half. For the final 2 weeks, the other insurance covered my rental car cost and reimbursed me directly. I didn't push for anything rental upgrades so I drove two different shitboxes for the month and a half I needed the rental. I'm not sure if I could have pushed for an equivalent rental, but I didn't really care so I didn't find out.

I would say just go through the process and get the car repaired to your satisfaction. I'm not sure if you were planning on keeping the car for a long time, but if you did, the collision record on the Carfax shouldn't matter that much. I usually keep my car for at least 5~6 years anyway, so it didn't bother me to have the repair history. I just knew that I was really committed to keeping it for a long while after the accident. Fortunately the car is awesome so I've loved driving it to this day.

Best of luck with the repair situation going forward.
 
> I am extremely turned off driving a brand new car that undergoes heavy repair. I don’t think it will ever feel new. I bought it with 3 miles on it 2 days ago.
> ...
> ... Any logic in going back to Tesla and negotiating anything? I won’t even know if this car has any issues because I won’t be driving it for a while during warranty!!

A lot of people have stated the obvious about fault and insurance, but if I get your point about ruining the experience.

Perhaps get it fixed and honestly approach Tesla to see what a trade-in and trade-up will cost you.

You could always say a different model AWD, P, Juniper, etc or color were also part of the reason, but it doesn't hurt to ask and the difference may be worth it to you.

They know their work and can resell a bargain to a fresh customer and be open about it. It's not like all of the used Teslas sold by Tesla are accident-free. So, be open and see exactly what the cost might be.

(Also, you can get another rebate on a new car.)
 
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IDK about you guys in Colorado but the vehicles and the (unfortunate) accidents I have had in the past, as with my relatives and family in Canada - are all reported to CarFax. They are very trustworthy source of vehicle history and information up here so I find your stance with them very...interesting.

You've dealt with really shady bodyshops out there for you to really stick to this premise, and I'm not blaming you if you're saying these from personal experience.
Us guys in Colorado? Shady body shops? That has nothing to do with it. I never asked anyone to not report anything and if you think that's what I'm implying you're missing the point entirely.

Just because you or people you know have had repairs that were reported to Carfax is nothing more than anecdotal evidence at best. It does NOT guarantee that ALL repairs are always reported which is what I'm speaking to. Body shops aren't required to report so if they don't it doesn't even make them shady... just busy. It's not their responsibility. Vehicle history reports are only a tool and should not be taken as proof of anything. Even in their own guarantee it specifically states that they're not responsible for repairs that weren't reported to them by the shops that did the repairs.

If you pull a Carfax and it shows no vehicle history that does NOT mean the car hasn't been repaired. Full stop.

These are two private party entities (your repair shop and Carfax) we're talking about here. There's absolutely no rules and no laws that state either of the private parties MUST report to the other. Not one.

So, since you are so sure I'm not correct, tell me what incentive your body shop has to report repaired damage. If there's no incentive for them and no laws or rules requiring they do so why are you still willing to trust a clean Carfax as a single source of truth on that $90k purchase? So much so that you're willing to publicly argue with someone who's only stance is that people do their own due diligence and not take a vehicle history report as a sole source of truth. That's just crazy.

The amount of trust that some people put into vehicle history reports is alarming.
 
For what it's worth, apparently Carfax gets its data from a lot of places including DMV and police reports, not just good faith body shops.

Without taking sides, I have heard it both ways: sometimes very complete, and sometimes one slips through...
 
For what it's worth, apparently Carfax gets its data from a lot of places including DMV and police reports, not just good faith body shops.

Without taking sides, I have heard it both ways: sometimes very complete, and sometimes one slips through...
This is all I'm saying. If even ONE ever slips through it supports my stance that you shouldn't take them as more than what they actually are: a buyer's tool. As someone who has shopped for MANY used cars in my lifetime I can tell you that you'd be shocked by how many cars I've inspected with fairly significant damage that had been repaired poorly that had a clean car history.

All I'm doing is relaying that first-hand inspection experience and warning others to do the same. Unless you are have stock in Carfax, how would this be met with criticism? The most you can factually say is that it's a case of of being overly cautious. Is that even possible for a six figure purchase?

You should never trust anything like Carfax (or any other vehicle history report outfit) enough to replace your own independent investigation. Ultimately, you're the one writing the check so it's best to know what you're buying.

That said, there's some people who don't even know this is something they should do their own investigation about. Several are arguing with me on this very thread as if I'm crazy for even suggesting it.

A fool and his money shall soon part ways.
 
...
In the end, you're not obligated to work with the other driver's insurance at all so any of these idiotic stipulations they've provided don't apply to you.

I'd cease comms w/the other insurance company now. Whatever your last communication with them was was the last one. Your next call is to your insurance company to begin the subrogation process via their terms which will be far more beneficial for you, as their customer. Take the car to shops of YOUR choosing and get things done on YOUR terms.

This wasn't your fault and you shouldn't have to deal with any of this but the least you can do is have it fixed to YOUR standards on YOUR terms.
It's actually the other way around - until OP has a judgment against the other party, the other driver's insurance has zero obligation to deal with OP and any liability discussions with OP is merely at their convenience.

Matching the essence of your comment, your own insurance DOES have a contractual obligation to work with you after you pay your collision deductible. Later, insurance will do subrogation against the other insurance company, at which point maybe you'll get your deductible back, maybe not.

However, claiming it will be more beneficial is entirely dependent on the insurance policy language and coverages selected by OP. Might be better, might not. Dealing with your contracted company does mean the TX Dept of Ins Consumer Bill of Rights will be in play, so that helps.

Also, Texas case law precedent does recognize Diminished Value (which a one-day old vehicle is a prime candidate for), but this can NOT* be obtained via your own insurance company and must be obtained either via judgment against the at-fault party or via working with the at-fault party's insurance. (* the exception being if OP got a judgment against the at-fault driver, the at-fault driver's property damage liability coverage limit has been reached, and OP has uninsured/underinsured motorist property damage (UMPD) coverage, in which case OP can make a claim for the remaining DV owed on their own UMPD coverage).
 
Just remember to get the diminished value from the other insurance company. That $$ payout is exactly for your drop in value due to accident history.

My car was rear ended 4 months in. Got $5.5K DV payout. Honestly I would prefer DV payout. At the end of the day. You are driving the same car. Repaired without trace. Free cash in hand. If you drive it 5-7 years before trade in. At that time, your accident history does not affect the trade in value much.

And for whether using own insurance or go directly. My opinion is, going with your own insurance will leave a "claim" record. Even if not at fault. It will affect your new quotes at some insurance company. Your policy has rental limits. You cannot get DV against your own, they usually have a clause in contract that prevents you. You can file DV separately with the third party. If the third party insurance is big, I would go directly with them. Big firms usually do not care about those small repairs without bodily injury. If it is a small one that will likely go cheap, then it may be worth to go with your own.
 
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