Hagerty

this makes me angry! I am so sorry for your loss, and I agreed with you lawyering up is in order.

 

Unfortunately, I have been through 3 of these situations in 5 years, all on DDs, but it’s the same deal and expecting Hagerty to not act like an insurance company is a bad idea. Just painting the affected area is normal.

Getting diminished value is good if allowed in your state, and you will need a report by an expert, but don’t expect it to cover a good full paint job.

Getting a lawyer on a case like this I don’t believe will get you the outcome you want (opinion, not legal advice). It maybe taking the check from the door repair plus the diminished value would cover a big part of the job.

Another idea is I’ve seen painters that can make incredible paint matches and could let you keep the survivor look.

 

I assume he filed the claim with Hagerty because he thought they would provide more expertise and more likely to fund the whole job…..that they wouldn’t act like an insurance company because they “know classics” or whatever this year’s marketing slogan is.

They they would try to get reimbursed by the other insurance company.

 

I agree because I feel I have more leverage as the wronged party and I ***** at them a lot because their ensured is at fault. All 3 times I have done it this way.

But if you don’t have experience at this, I understand why he thought Hagerty could better service the claim.

 

Spot on.

I've actually seen situations like this through to fruition a few times. The judge has always ruled that the directly affected body panels are the only area the defendant is liable for, along with diminished value, which requires an expert report, a good thorough expert report from someone experienced and credible.

Let's say Hagerty pays the case as you want them to. It's bad business for Hagerty to file a complaint directly against the tort as they cannot guarantee your cooperation as a witness after your claim is resolved, nor will they ever have the same level of knowledge to your car as you will, and a judge/jury will not care as much about an insurer trying to recover damages as they would an individual such as yourself, which is why the complaint is best pursued by you. It's far too ambiguous a situation for an insurer to throw a blank check out there as ultimately the diminished value in the case is up to the judge or trier of fact. Thankfully I have never seen an insurer actually try a diminished value case, they are almost always paid immediately after the lawsuit and expert report are received.

Cases such as these are very small amounts for them as their defense counsels are far more concerned about the $500k reserved case heading to trial for a broken femur with a teenage defendant who presents poorly. They won't want this sheet metal stuff sitting on their desk long as they know it's simply not one to fight.


Dave, to pursue this against the tortfeasor you need an expert report documenting exactly why and how your car is uniquely diminished in value, then file a lawsuit against the defendant. That is the only way the tortfeasor will really perk up as when the complaint is filed their defense counsel gets involved and I can tell you from experience they almost always pay these things very quickly after the suit as filed. The expert report may cost a bit but it's your only option.

 

In the current claim we have, we are having trouble getting an alignment between what the report says (about $2,700) and their “best” offer of $500 which is rediculous. We may have to take action in some fashion. We would go to the state insurance board first.

 

First off, I'm sorry that this situation occurred.

What State are you located in?

When you go with your own insurance company ( Hagerty ) remedies available to you are different than when you file with the at fault insurance company.
I feel like a lot of people want to avoid the stigma of hiring an attorney, however in situations like this, I have never seen an individual get a fraction of what an attorney can.
Hiring an attorney sooner than later is more beneficial than trying to do it yourself, where you end up digging a hole, THEN asking an attorney to take it over.
In Texas, diminished value is a very real thing, I have first hand knowledge of multiple cases, many including Ferrari and other high-end performance models.
Finding an attorney who has experience and access to the data/information is imperative, otherwise, those with limited first hand knowledge wont fight for it, as they don't know what's available to them. ( Read: $$$$$$ )
Expect to split the disbursement 70% you 30% attorney, which will still be more than you could have gotten yourself.

Everyone has an opinion, unfortunately a lot of us have had to fight through it ourselves, but none of our opinions, short of the attorneys in the bunch, as based in what the actual process / law allows for State by State

Good Luck in your fight!

Steve

 

This hasn't been my experience at all and I'm in the industry directing quite a few carriers litigation. Hiring counsel to fight DV case solo is tough as many don't want anything to do with it unless there is a personal injury attached.

A good expert report and a filed lawsuit in magistrate/small claims (below $25k in most states now) is likely plenty given this situation. Judges are usually very friendly to the vehicle owner and almost always prescribe what the expert report testifies to, if it even goes that far, which is almost never does. Seen it many many times. Get an expert report, file the suit, don't lose 30% fees to counsel, really not necessary for these tiny cases.

 

Fair enough, I was speaking broadly. I am sure your sample size is quite large as you are also in the industry.
I am speaking from a sample size of 400+/- over the past 6 years here in Texas only.
While I am obviously not the attorney, I do have direct insight and have helped with many of the cases.
The cases I have helped with have been significantly higher than small claims would allow, though I cannot think of one that has gone all the way to litigation.

Expert reports are key, as is an expert presentation. If an owner has no idea what to ask for, how would a judge award it?

Speaking on Ferrari related DV Claims:
In the beginning, insurance companies would push back regarding diminished value, as more often than not, actual values were difficult to access.
Having access to actual sales prices ( New & Used ) , trade in differentiations ( Storied vs Non ) and having a portfolio of these values is invaluable.
Then, when an insurance company pushes back, there are real world examples to provide, not just an algorithm to work off of. The portfolio is always evolving as to
provide the most accurate ( up & down ) DV request.
Can an owner attempt to gather actual values themselves, yes they can try, but where exactly are they going to get it?

Speaking on Maserati related DV Claims:
I have fought and won over a dozen DV claims relating to Maserati loan cars, when they were in an accident.
Claims that started out at an outright denial of coverage that ended with not just DV payment but loss of use ( $75 per day )
But then again, I have access to the required information to do so.

An insurance company has a portfolio of their own, the amounts they have paid out in the past for DV claims, I think you could speak to this since you are on that side of the table.

Does this make sense for Honda's, Audi's, even BMW's maybe not. Can these owners do it themselves, I am sure they can, the stakes are lower too.

Ferrari, Lamborghini, Pagani, and other high value vehicles.... I tend to think it is worth it to hire a professional. Most of those owners are not interested in messing with it, if they even have time to.

In the end, its an individuals choice.. do it, don't do it, do it alone, do it with professional help, insurance premiums are paid by most to allow this to be a choice.

The insurance company is in the business , owners are not...

YMMV

S

 

Thank you for the heads up. It's excellent advise.
You never need it until you do, then its too late.
Best of luck in your situation sir

S

 

I think you need to find an attorney and then stop posting anymore on this case because the other side will summon anything you post online about this case.

 

Steve had asked you what state you are in. Depending on the state you may have recourse that doesn't involve a lawyer. I can tell you in Massachusetts the Division of Insurance would almost certainly be on your side in this case.

 

Insurance companies suck.

 

+1

 

Was your original call with Hagerty recorded?

It must of been. I would ask for all communications from beginning to present to be given to you (and your attorney) for further review.

 

That’s what attorneys are for…

years ago on f-chat when the topic of DM came up, there was a referral made in the threads. I cannot recall the details, but there was some sort of specialist resource that folks on here used successful. Sorry I know that isn’t much to go on, but try the search function with multiple words and phrases and in different sub forums. I want to say the guy was in San Diego, but I may be misremembering.