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Well someone in a pickup truck backed into my 18 570GT this afternoon. I was behind him as he was at our community gate when he realized as a non-resident he couldnt get in this entrance and put it in reverse and gunned it. I was about 4-5 ft behind him. Nailed the horn but he didnt stop and he was over my hood and kept going and came within a few inch from hitting the windshield My car was about halfway to the left of his truck, so he could have easily seen me if he would have looked. Called the police and they sent someone. Come to find out he was on a suspended license. At least he had insurance and he got a criminal citation. Now lets see how painful the process is for all thats got to happen next.

As I am in St Augustine, the nearest Mclaren dealer is in Orlando. Called and spoke to the service manager. Sounds like a nice guy. The body shop they use is still in the process of getting Mclaren certified. Since my car is XP Green, I ask about how they handled the paint. Tried to tell me they were really good with Spray outs, as Mclaren won't send him paint. Said that wouldnt work. He then quickly
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gave me the contact info for West Palm Beach who is certified. I have a call into them to see next steps and likely time lines.

One big question is how to handle the lost value claim - as its a rare MSO color, and only 2600 miles, the deprecation hit is going to be huge. Any clue how much I am looking at and how others may have handled with the insurance company as well as how long I can expect to get the parts/paint and repair completed?
 

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Man I am sorry for your loss. What a terrible day. I'm glad you didn't get physically hurt, although the emotional and financial wounds left behind can probably hurt just as much. Hope you come to a speedy resolution to this nightmare. Who is your insurance provider ? Keep us updated on how this goes.
 

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can't comment on lost value claim, but good luck. I always see people mention this on car forums, but never know how it actually turns out...

As for parts, i dearly hope you can get them. I've been having hell with some parts for some vehicles. Some others, show up no problem. Looks like you will need quite a few things. Wherever the car ends up going, and if some some reason they can't locate parts of they dont have ETA, come on here and search. Then just have bodyshop reimburse you.. Or give them the source so they can order it.


SUCH a florida thing to happen, a fucking moron on a suspended license hitting someone's vehicle. ISorry to see this.
 

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It never ceases to amaze me how many people hear a horn, realize they’re not sure where it’s coming from, and decide they should just keep going instead of stopping or slowing to figure out why there’s a horn …
 

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Diminished value - check the language in your insurance policy .

I noticed over time that agreed value insurance policies started putting in language that they don’t do the diminished value thing (I have this language in my policy )
 

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Hopefully the pick up truck had a current insurance policy and has more than the minimal state limits. In regards to the dimunition in value claim it is one that is not understood by most insurance companies. They will attempt to repair the vehicle and nothing more. The best course of action is to go ahead and get an expert lined up that can provide you with an affidavit. They can opine what the current value of the car is based on the current market. They can then give an opinion what it would be worth with a significant repair and unclean carfax. The difference will be your diminution in value claim. Having this affidavit will go a long way in avoiding a fight with the insurance company. The claim may easily be 60-80k in loss of value. If the pickup truck has minimal limits you may have to look to your own policy to cover it and that will depend on the carrier and the policy language. On the other issue, Dimmitt collision center over here in Tampa is a certified shop and one of the few that have full mclaren paints (even mso). The shop is amazing and they do first class work.
 

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It likely depends on whether you are pursuing a third party claim against the other driver and his insurance company, or a first party claim with your own insurer under your collusion coverage. If you are pursuing a third party claim against the other driver and he has sufficient insurance or other financial resources, diminished value is likely recoverable. As someone else noted, you will need to prove the extent of the diminished value, and expert testimony will be necessary. On the other hand, if you are pursuing a first party claim with your insurer (e.g., because the other driver has insufficient insurance and limited financial resources), your policy likely limits your insurer's liability to repair costs and may expressly exclude diminished value (unless, of course, you purchased atypical insurance with broader coverage).

Good luck!
 

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It likely depends on whether you are pursuing a third party claim against the other driver and his insurance company, or a first party claim with your own insurer under your collusion coverage. If you are pursuing a third party claim against the other driver and he has sufficient insurance or other financial resources, diminished value is likely recoverable. As someone else noted, you will need to prove the extent of the diminished value, and expert testimony will be necessary. On the other hand, if you are pursuing a first party claim with your insurer (e.g., because the other driver has insufficient insurance and limited financial resources), your policy likely limits your insurer's liability to repair costs and may expressly exclude diminished value (unless, of course, you purchased atypical insurance with broader coverage).

Good luck!
It sounds like you and I have the same profession :cool:
 

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I have a 2019 720S that was involved in a collision at a traffic light. Bonnet, lights, windshield and many of the front parts got damaged. All carbon fiber parts. There was no structural damage at all. All tires, rims, brakes were intact. My car only had 5000 miles. I was heartbroken since my car looked like new and always had washed by me. I was recommended to Magnum collision in Atlanta and they told me: " we would not repair the car unless we guarantee that it would not look like new". I was skeptical but decided to repair the car. It took close to 1 year since many parts coming from England were delayed and I wanted to make sure they would do a good job. In the end, they did an incredible job!!! The car actually looked better than new and I am sure it was put together much better than as it was as new. All the rattles and noises completely disappeared and the car felt more "solid". All the panels were perfectly aligned and the paint was not short of perfect.
My insurance covered everything without hesitance and I am actually happier with the car now.
I do not worry about possible loss of value since I am planning to keep the car.
You car could easily be repaired as new or better as long as it ends in the right hands.
Just wanted to share my experience and highly recommend the people at Magnum Collision in Atlanta.
 

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It sounds like you and I have the same profession :cool:
Perhaps, but I am not in the PI arena. Rather, I am on the business side. My familiarity with these issues is, unfortunately, derived from personal experience rather than client representation.

Most people are satisfied if the third party insurer pays for the repairs. However, repair costs are only one component of recoverable property damage. I have collected substantial loss of use damages from third party insurers (they quickly offer you a rental car, but you may decline and, instead, collect loss of use damages while driving another of your cars during the interim). I have also collected diminished value, although this is more difficult.

For my fellow California residents, here is the blurb that I use for loss of use damages when someone hits one of my cars:

“[W]here a vehicle is injured by the wrongful act of another, the owner is entitled to recover for the damage done to the vehicle and also for the loss sustained by being deprived of its use during the time reasonably required for the making of repairs. Reynolds v. Bank of America Nat'l Trust & Sav. Ass'n, 53 Cal. 2d 49 (1959); Valencia v. Shell Oil Co. (1944) 23 Cal.2d 840, 844; Harris v. Dixon Cadillac Co. (1982) 132 Cal.App.3d 485, 491. “The measure of damages for the loss of use of personal property may be determined with reference to the rental value of similar property which the plaintiff can hire for use during the period when he is deprived of the use of his own property.” Collin v. American Empire Insurance Co., 21 Cal.App.4th 787, 818 (1994); see also, California Civil Jury Instructions (CACI) 3903M.

Pursuant to the above-cited legal authority, I am entitled to loss of use damages equal to the “rental value of similar property” for the period that my [insert car] is being repaired and I am unable to use it. Importantly, I am entitled to loss of use damages even if I elect not to rent a substitute vehicle. Malinson v. Black (1948) 83 Cal.App.2d 375, 380–381 (“[T]he owner is entitled to damages for loss of use, despite failure of the owner to hire another car to take the place of the injured vehicle.”); Johnson v. Central Aviation Corp. (1951) 103 Cal.App.2d 102, 108 (same); Meyers v. Bradford (1921) 54 Cal.App. 157, 160-61 (“But he suffers an equal detriment if he chooses to do without a machine while his is being repaired, and there seems to be no sound reason why the rental value of such machines should not be taken in either case as a fair measure of his loss”); Stanley W. Smith, Inc. v. Pilhrim (1931) 117 Cal.App. 244, 246 (“the party aggrieved is entitled to the usable value, regardless of whether or not he be shown to have hired other property to take its place”); Story v. Gateway Chevrolet Co. (1965) 237 Cal.App.2d 705.

Here is the blurb that I use for diminished value:

I am also entitled to recover the diminution in value that will exist even after the car is repaired; in other words, the diminution that will result from the accident and necessary repairs. Merchant Shippers Association v. Kellogg Express and Draying Co., 28 Cal.2d 594, 600 (1946) (“It is said . . . that 'if the damaged property cannot be completely repaired, the measure of damages is the difference between its value before the injury and its value after the repairs have been made, plus the reasonable cost of making the repairs. The foregoing rule gives the plaintiff the difference between the value of the machine before the injury and its value after such injury, the amount thereof being made up of the cost of repairs and the depreciation notwithstanding such repairs.' The rule urged by defendant, which limits the recovery to the cost of repairs, is applicable only in those cases in which the injured property 'can be entirely repaired.' This latter rule presupposes that the damaged property can be restored to its former state with no depreciation in its former value.”); see also, State Farm Fire & Casualty Co. v. Superior Court of San Diego County, 215 Cal. App.3d 1435 (1989) (Diminution in value is not recoverable in a first party claim, but remains an element of damages in a third party claim.).
 

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Mclaren Orlando sent my 720 to the certified European Paint and Body in W. Palm for warranty paint corrections and using a new hood and fender. The job took two months but the PPF application took time for the paint to cure. Came out perfect.

Since Florida has no fault policies, start with your insurance company to inspect the car to estimate the repair cost. My stationary p-car turbo got hit in a parking lot and State Farm sent me the rules and forms for a diminished value claim. They will go after the other guy’s insurance.
 

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Mclaren Orlando sent my 720 to the certified European Paint and Body in W. Palm for warranty paint corrections and using a new hood and fender. The job took two months but the PPF application took time for the paint to cure. Came out perfect.

Since Florida has no fault policies, start with your insurance company to inspect the car to estimate the repair cost. My stationary p-car turbo got hit in a parking lot and State Farm sent me the rules and forms for a diminished value claim. They will go after the other guy’s insurance.
That's good to know. I've just made two claims through State Farm, and so far I'm pretty impressed. They didn't blink at the $4k quote for a wheel and alignment.
 

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Well someone in a pickup truck backed into my 18 570GT this afternoon. I was behind him as he was at our community gate when he realized as a non-resident he couldnt get in this entrance and put it in reverse and gunned it. I was about 4-5 ft behind him. Nailed the horn but he didnt stop and he was over my hood and kept going and came within a few inch from hitting the windshield My car was about halfway to the left of his truck, so he could have easily seen me if he would have looked. Called the police and they sent someone. Come to find out he was on a suspended license. At least he had insurance and he got a criminal citation. Now lets see how painful the process is for all thats got to happen next.

As I am in St Augustine, the nearest Mclaren dealer is in Orlando. Called and spoke to the service manager. Sounds like a nice guy. The body shop they use is still in the process of getting Mclaren certified. Since my car is XP Green, I ask about how they handled the paint. Tried to tell me they were really good with Spray outs, as Mclaren won't send him paint. Said that wouldnt work. He then quickly View attachment 221989 View attachment 221989 gave me the contact info for West Palm Beach who is certified. I have a call into them to see next steps and likely time lines.

One big question is how to handle the lost value claim - as its a rare MSO color, and only 2600 miles, the deprecation hit is going to be huge. Any clue how much I am looking at and how others may have handled with the insurance company as well as how long I can expect to get the parts/paint and repair completed?
My old man does automotive insurance work and handles diminished value claims on exotics from time to time. You 100% should and will be compensated for diminished value on that car. It’s a carbon fiber race car and people don’t want to see insurance claims on high performance cars when buying them second hand. It’s not like is a g wagon that can take a hit and be fine with some paint. Buyers will have concerns about high speed stability, diminished handling performance, future electrical issues, paint matching etc and you will have to spend time and energy confirming it‘s perfect. Insurance is meant to indemnify you and get you back to where you were prior to the accident, regardless of whose fault it was. Anyway, not sure where you’re located, but definitely consult an attorney that handles these things. And don’t underestimate how much diminished value and cost is associated with a damaged carbon tub race car. Remember, at sale time, you are competing against other McLaren’s with no claims and buyers will want discount. You meed to get that money up front. Also, your car is expensive enough that a total loss scenario is practically impossible considering the damage, so you have a large margin of error to play with in the negotiation. Consider the things above as arguments when it comes time. My old man is in South Florida so if you need, I can send you his info if you don’t already have an attorney. He may be able to help or refer you to someone. Anyway, it’s an awesome car. be a stickler on the repair so you’re happy at the end!
 

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Well someone in a pickup truck backed into my 18 570GT this afternoon. I was behind him as he was at our community gate when he realized as a non-resident he couldnt get in this entrance and put it in reverse and gunned it. I was about 4-5 ft behind him. Nailed the horn but he didnt stop and he was over my hood and kept going and came within a few inch from hitting the windshield My car was about halfway to the left of his truck, so he could have easily seen me if he would have looked. Called the police and they sent someone. Come to find out he was on a suspended license. At least he had insurance and he got a criminal citation. Now lets see how painful the process is for all thats got to happen next.

As I am in St Augustine, the nearest Mclaren dealer is in Orlando. Called and spoke to the service manager. Sounds like a nice guy. The body shop they use is still in the process of getting Mclaren certified. Since my car is XP Green, I ask about how they handled the paint. Tried to tell me they were really good with Spray outs, as Mclaren won't send him paint. Said that wouldnt work. He then quickly View attachment 221989 View attachment 221989 gave me the contact info for West Palm Beach who is certified. I have a call into them to see next steps and likely time lines.

One big question is how to handle the lost value claim - as its a rare MSO color, and only 2600 miles, the deprecation hit is going to be huge. Any clue how much I am looking at and how others may have handled with the insurance company as well as how long I can expect to get the parts/paint and repair completed?
 

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Sorry about your misfortune. I hate when other's negligence causes things like this. Hopefully this character was at least apologetic.

There is a breaker in Phoenix called AZ Cycle Parts. They deal mainly in exotics... Ferrari, Lambo, McLaren, Porsche. A friend of mine was backed into, damaging his passenger door. McLaren couldn't supply a door for months. They had 3 doors to pick from. We picked the best. They were able to use the original door and just used parts off the used door. Everything fits and looks perfect. The whole McLaren mystery of their paints is BS. Any good paint shop can computer match the paint perfectly.
 
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Discussion Starter · #20 ·
Well the news is not good. After speaking with his insurance carrier, they only had $10k of property damage, so I had to file a claim with my carrier State Farm. Not even sure he is going to be covered because of driving on a suspended license. FL has lots of good qualities, but the whole insurance issue (car and home owner) is a disaster. Why would anyone be allowed to issue a policy with $10k limit - a used Ford Tarus would likely still max out.

So it sounds like State Farm is going to take care of the repair without much question. My only course of action is to hire a attorney and go after esurance for the diminished value if I have any hope of recovering any money for the loss. Not a fan of trial lawyers but I guess they can serve a purpose besides purchasing tv ads and billboards.

By the way, after a quick search, the driver is a registered sex offender and has a prior conviction for domestic violence.
 
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