so that's what happened to that pole ( i work at the Royal Sonesta on Bourbon), sorry to hear that, just be glad he had insurance and/or didn't bolt. parking in the quarter sucks, i've had 3 hit n runs on my old car while it was in a parking lot. glad to hear everyone is OK

 

The pole is actually still there as of 3 days ago on the corner of Dauphine and Iberville. On its side, of course, in a couple different pieces with caution tape on it.

I live right by Tropical Isle.

Getting the car fixed at River Road Collision by John Cutrera.

 

Prelim Estimate without inspection of damage under the panels, $8590.

As of now they are waiting for the police report to be processed. I asked the other guy's insurance adjustor how much they would be giving me for a rental once they are found 100% liable.

I told them that I was in contact with a rental company that can get me a g35, BMW 3series, or a Merc C-class for $38/day.

The adjustor would not hear any of it and said that was way too much and that they could only offer $23/day. This remained the same even after I told him I need my car for work and have to have a comparable vehicle. If another g35 isn't comparable I don't know what is.

He scoffed and said we will wait on the police report(which both him and I know show fault for his client. In fact, my insurance company has the client in a taped conversation admitting he ran the stop sign).

The adjustor said by law they are only required to provide basic transportation.

There HAS to be a way around this. Any advice???

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I also used a website that was $100 to determine the diminished value of the car. They came up with $7625 in diminished value. Sounds like a COMPLETE longshot of collecting that money. But we'll see. I used the website's template to write a letter demanding the claim be paid. That will be mailed certified mail to the ins. company and faxed. I amended it with the help of a lawyer to apply to Louisiana law.

It reads as follows:
To Whom It May Concern:

Please be advised that I have hired an Independent Valuation and Consulting Company, at my expense, to evaluate the market value of my vehicle, just before the injury and just after repairs, and document any difference in value due to accident history.

My vehicle, even if repaired to the best of human ability, will have evidence of repair. Therefore, it will no longer be LIKE it was just before the injury. The vehicle may not perform in another collision, as a vehicle of the same KIND that did not have repairs of this type. Given these two factors, the vehicle is not of the same QUALITY as it was just before the loss.

The law dictates that the entity liable for damages under contract or tort law owes the replacement cost or the cost for repairs that will return my property to pre-loss CONDITION, and any loss of MARKET VALUE. The law does not allow an insurer to mitigate its losses by election to repair versus replace at the consumer’s expense. Additionally, I must disclose the fact that my vehicle has had accident repairs, and this is considered a “known defect”. This legal obligation imposes a loss of value that I am not willing to absorb.

It is well established in Louisiana to allow an additional measure of damages for diminution of value by virtue of the vehicle having been involved in an accident, where proof of diminished value can be made. Davies v. Automotive Cas. Ins., 647 So.2d 419 (La.App.2d Cir.12/7/94). It is important to note that cases recognizing diminished value as an item of damage also involve third party liability claims based on the basic tort principle set forth in La. C.C. art. 2315; Allowing damages for diminution in value, when such damages are established, fulfills the tortfeasor's obligation to "make whole" his victim. Orillac v. Solomon, 765 So.2d 1185 (La.App.2d Cir.8/23/00); Smith v. Midland Risk Ins. Co., 699 So.2d 1192 (La.App.2d Cir.9/24/97); Davies v. Automotive Cas. Ins., supra; Romco, Inc. v. Broussard, 528 So.2d 231 (La.App. 3d Cir.1988), writ denied, 533 So.2d 356 (La.1988); and Giles Lafayette, Inc. v. State Farm Mut. Auto. Ins. Co., 467 So.2d 1309 (La.App. 3d Cir.1985), writ not considered, 472 So.2d 911 (La.1985).

Please let this letter serve as my demand for losses I have suffered due to this injury,
for the amount of $7,625.00. The assessment for loss is included in this letter.

I trust your company is honest and ethical and follows the laws of this state, and will indemnify me for this loss I have suffered.

Please respond within five (5) business days.
Sincerely,
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Let's see how they like THAT.

 

Rent what you want, take the $23/day and sue the fellow in small claims court at the end for the difference? Hope you can convince a judge or jury.

Seriously, pay for an attorney and take his advice over advice from an internet forum.