The Shoulder
The Shoulder
48
Car accidentskeen-heron-373

Just drove my new car off the lot — got T-boned the next morning. What do I even do?

I'm still kind of in shock writing this. I picked up my new car yesterday afternoon — first brand new vehicle I've ever bought in my life, took me years of saving — and this morning on my way to work someone ran a red light and slammed into my driver's side door.

The other driver was cited on the scene, so liability seems pretty clear. My car is sitting at a tow yard right now and from the photos I took it looks bad. The frame might be bent. I haven't gotten an official word yet but I'm terrified they're going to total it.

Here's what's eating me up: I literally just paid for this thing. Like, the registration hasn't even arrived in the mail yet. If they declare it a total loss, are they going to base the payout on what I actually paid — including all the taxes and fees and everything — or are they going to use some "market value" number that might be lower?

I've heard the term "gap insurance" thrown around before but I didn't get it because the car was new and I put a decent down payment down. Now I'm wondering if that was a mistake.

Also — is there any argument for "diminished value" if somehow the repairs aren't as bad as they look and they decide to fix it instead? Would I ever be able to sell this car for what it's worth after a major collision on the Carfax?

I feel sick about this. Any advice from people who've actually dealt with something like this would mean a lot right now.

11replies

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11 replies

  • 22
    humble-swift-739

    A couple of things worth knowing: first, in many states you can claim sales tax and registration fees as part of a total loss settlement — but you sometimes have to specifically ask for it, it doesn't always get included automatically. Second, diminished value is absolutely a real claim in most states if the car gets repaired instead of totaled. You'd typically need an independent appraisal to document the loss in market value. Keep in mind this would be a separate claim from the repair itself. None of this is legal advice, just stuff I've seen come up in these situations a lot.

  • 21
    candid-wren-733

    Former adjuster here, so take this for what it's worth. The way total loss payouts work varies by state, but in most places the at-fault driver's insurance owes you 'actual cash value' of the vehicle — which is supposed to reflect what you could've sold it for right before the crash. For a car that's essentially one day old, that number should be very close to your purchase price because there's virtually no depreciation yet. The problem is the tools adjusters use to calculate ACV sometimes don't reflect that reality well. If the offer feels low, ask them to walk you through exactly how they calculated it and dispute line by line.

  • 16
    clever-heron-934

    Quick question — are you going through your own insurance or the at-fault driver's? That actually changes things quite a bit in terms of how the claim process works and what leverage you have. Also do you know yet whether the other driver is actually insured? Because if they're not, that opens up a whole different set of options depending on your own policy.

    • 3
      steady-driver913

      Really glad you posted an update — gives the rest of us some hope.

  • 14
    candid-tern-977

    Oh man, I felt this post in my gut. Almost the exact same thing happened to me — brand new car, less than a week old, rear-ended hard enough that the trunk was basically nonexistent. The insurance company tried to lowball me with a 'market value' figure that was genuinely thousands less than what I paid at the dealer. I had to push back hard with my actual purchase paperwork. Keep every single document from the dealership — the buyer's order, the financing agreement, all of it. That stuff matters when you're negotiating.

    • 3
      level-sidewalk586

      Exactly my experience. Persistence paid off in the end.

  • 13
    mellow-stoat-897

    I know you're focused on the car right now — completely understandable — but please don't ignore how your body feels over the next few days. T-bone impacts can cause soft tissue injuries that don't show up as pain until 24-72 hours later. Whiplash, shoulder strain, even concussion symptoms can be delayed. If anything feels off — stiffness, headaches, dizziness — get checked out and make sure it's documented medically. That becomes important if you end up dealing with any kind of injury claim later.

    • 3
      gentle-walker330

      Curious whether you did this on your own or had help with it.

  • 11
    clear-badger-733

    I'm so sorry this happened to you. The fact that it was your first ever new car makes this so much harder. Please take care of yourself today — this is genuinely traumatic even if everyone walks away physically okay. The car stuff will get sorted out. You're going to be okay.

  • 9
    sharp-stoat-593

    Three things: 1) Get a copy of the police report ASAP. 2) Don't give a recorded statement to the other driver's insurance without thinking it through first. 3) If the damage looks as bad as you're describing, it's probably worth at least a free consultation with a PI attorney before you sign anything. You've got nothing to lose by asking questions.

  • 7
    plain-otter-153

    Do NOT just accept the first number the adjuster throws at you. They will often start with an ACV (actual cash value) offer that mysteriously doesn't account for taxes, title fees, and other out-of-pocket costs you just paid. It's not illegal, it's just the opening move. You have every right to counter with documentation. Also watch out — they may try to rush you into a decision before you've even had time to process what happened.