The Shoulder
The Shoulder
74
Property damagehumble-dove-769

Brand new car, less than 2 weeks old — is it already totaled? I'm devastated

I still can't believe this happened. I picked up my new car literally nine days ago. It had maybe 400 miles on it — still had that new car smell and everything.

I was pulling out of a shopping center at night, checking left for traffic since that's the direction cars usually come from on that road. There was a truck stopped in the lane to my right with no hazards on, no lights, just sitting there in the dark. I didn't see it until I was already into it.

The front end of my car is pretty wrecked. The hood crumpled, airbags didn't deploy but the bumper and front quarter panel are destroyed. The tow truck driver said it didn't look good, but he's not an insurance adjuster obviously.

I've had the car for NINE DAYS. I put a significant down payment on it and I'm already upside down on the loan because new cars depreciate the second you drive off the lot.

Insurance hasn't given me a number yet — they said an appraiser needs to look at it first. But I'm already dreading what they're going to say.

Has anyone dealt with something like this with a basically-new car? Is there any way to argue for a better payout if they do total it? I've heard of something called "new car replacement" coverage but I don't know if I have it or if it even applies here.

Also — the stopped truck had no lights on. Does that affect who's at fault here? I feel like they played a role in this too.

12replies

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12 replies

  • 22
    hearty-bison-009

    I used to work in claims and I can tell you that adjusters are trained to move fast and close files. On a newer car the "actual cash value" calculation can genuinely screw people because the car depreciated the moment you registered it, regardless of whether you've barely touched it. Ask specifically whether your policy includes new car replacement or loan/lease gap coverage — those two things could make a huge difference in your situation. If you don't have gap and you're upside down on the loan, you'll want to understand that gap before you agree to anything.

  • 19
    gentle-lynx-142

    A couple of practical things: First, request a copy of the police report as soon as it's available — it'll document the conditions including the other vehicle's lack of lighting, which matters. Second, photograph absolutely everything before any repairs happen. Third, check your declarations page tonight for the words "new vehicle replacement" or "better car replacement" — some policies include it automatically for cars under a certain age or mileage threshold.

    • 10
      calm-driver561

      That lines up with what my adjuster told me too.

  • 19
    sharp-owl-067

    Two things you need to do right now: (1) Stop giving recorded statements to any insurance company until you know where the fault question lands. (2) Call at least one personal injury attorney for a free consult before you sign or agree to anything. That truck being dark and unlit in a travel lane is a real issue and you shouldn't just absorb all the blame here.

    • 2
      weary-traveler959

      Did you have to escalate, or did they come around after the first ask?

  • 17
    plain-otter-073

    Not legal advice, but the stopped truck question is worth exploring. If that vehicle was sitting in an active travel lane without proper lighting or hazard signals, there may be a shared liability argument depending on your state's rules. Contributory negligence laws vary a lot, so it's worth at least having a free consult with a PI attorney before you settle anything with insurance. Most won't charge you for that initial conversation.

    • 9
      clear-mole-075

      Genuine question — was the truck actually in a travel lane or was it parked on the shoulder or in a turn lane? That detail changes the liability picture a fair amount. Also did the police come to the scene? If there's a report that notes the truck had no lights on, that's meaningful documentation.

  • 14
    plain-raven-607

    Whatever number the adjuster quotes you first, just know that is an opening offer, not the final word. They run it through some valuation software that tends to undervalue vehicles, especially newer ones. Pull your own comps — search listings for identical vehicles with similar mileage in your region and document everything. You have more leverage than they want you to think.

    • 9
      patient-neighbor962

      Solid advice. Getting it in writing is the part most people skip.

  • 11
    wise-vole-834

    Oh man, I feel this so deeply. Mine wasn't brand new but it was only a few months old when someone rear-ended me and totaled it. The depreciation hit was brutal and insurance lowballed me hard on the actual cash value. Push back on whatever number they give you — they almost always start low.

  • 11
    clever-newt-804

    This genuinely stinks and I don't want to minimize it — but if it does get totaled, at least it happened while it was basically still "new" and hadn't racked up wear and tear yet. And now you know to specifically ask about new car replacement coverage when you get your next policy. Hang in there, this is fixable.

  • 9
    genuine-badger-879

    I'm so sorry, this sounds incredibly stressful. Nine days!! Please don't try to handle all of this alone — it's a lot to navigate when you're already shaken up from the accident itself. Are you doing okay physically at least?