The real problem, even with a good repair is that the car is worth quite a
bit less than before the repair.
A repaired car is not the same as a never damaged one. Besides, a record is
kept by states and insurance companies, and used to help justify a lesser
replacement value on a subsequent repair.

You had a car that was 2 months old, and not wrecked. By law, technically,
as I understand it, you are entitled to at least that.
Any other reasonable expenses are also part of the entitlement. You might
have to hire a Lawyer to collect all that the laws allow. At least, talk to
a lawyer; the first visit is generally free.
You might argue that the loss of value due to the accident is equal to or
more than the depreciation on a 2 month old car. Remember that the new car
warrenty is also at risk, and an additional loss, since the dealer/mfr can
argue that various failures are due to the accident and not warrenty
failures.


"D. Rogers" > wrote in message
news:jsaqd.474008$D%.304315@attbi_s51...
> Larry Hill wrote:
>>>No soreness at all. How do I get "them" to go for a new car?
>>
>>
>> some insurance companys have a policy that states that," if you total a
>> car
>> less then 1 year old they will pay for a new car"...
>> larry Hill
>
> Pretty rare that an insurance company will pay for more than fair market
> value or actual cost of repairs. You will probably have to threaten legal
> action for the depreciation which is not unreasonable to do. If the car
> is not totalled then I would make sure that the body shop does a complete
> tear down of the car to find hidden damage. Sometimes the cost of the
> tear down and the hidden damage is enough to make the car a total loss.
> You might also be entitled to compensation for "pain and suffering" or
> your significant other may be compensated for "temporary loss of
> companionship" hehe.
>
> I guess it all depends on how far you want to go with your claim. One
> time a fellow rear ended my brand new Explorer. My wife was driving with
> my 2 babies in it. The other driver had really bad insurance and they
> didn't want to pay for squat. My only recourse would have been to sue the
> negligent driver, but he was such a nice guy that I didn't take it any
> further. He was almost crying over my kids and called every day to see
> how they were doing. Body shop fixed the Explorer, but it was never the
> same. It was a leased vehicle anyway so I didn't worry about
> depreciation. The dealer that leased it to me did the repairs so they
> couldn't complain when I turned it in.
>
> Good luck with the repairs. If a good shop does the work you will never
> be able to tell it was ever wrecked. Some of the work can be better than
> new.


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