Need some advice on our 2012 Honda Accord accident

[Outnumbered]

If you recall, I posted a thread a while back about my wife getting hit by a DUI driver back in the end of June. Tweeker pulled out in front of her while she was doing about 45mph and my wife t-boned her. The issue at hand is that the Honda had such a strong book value since it was less than a year old that the insurance would not total the car. I pushed to have it totaled but they would not listen. I told them they would never be able to get the car back to a road worthy and reliable condition and they would not budge. Well, now we have had the car back (fixed by the Honda dealer) for about 2 months. In that time it has been back 4 times, 2 times requiring a tow. The car severely overheated once also which I think must have done some damage but they insist it is "fine". Also, the AC does not work for shit now. They had to put in an aftermarket radiator and condenser even though all other parts are Honda OEM. They told me that Honda does not have the radiator and condenser available as a "new" OEM part.

Now, my question for the RDP experts is what can I do? I have complained to everyone and the best I have got so far is an offer to refund my insurance premium for 6 months. But, I could give a shit about that, I need a reliable car since I am paying the lease payment for a new Honda.

Do I have any legal rights here that wont cost me a fortune in legal fees? I have almost 2 years left on the lease so I am stuck as far as trading in on a new one. Plus, they dealer tells me the car is worth 5K less on a trade than a car that has not been wrecked. The title is clean by the way.

WTF do I do?

Thanks in advance

 

[Rvrluvr]

what insurance do you have. I just totaled my wifes 2 month old explorer. They were debating weather or not it would be totaled. I had many concerns just as you did and I was assured that if it was fixed it would have a LIFE TIME GUARANTEE on the repair. That was state farm . I went to one of their approved body shops to make sure I was covered by this warranty. They ended up totaling the car so we got a new one.

I would call the ins company and start complaining like a MO FO. IMO they are on the hook for making sure it is 100%. If they don't budge I'd start throwing in words like safety and lawyers.

 

[Guest]

what insurance do you have. I just totaled my wifes 2 month old explorer. They were debating weather or not it would be totaled. I had many concerns just as you did and I was assured that if it was fixed it would have a LIFE TIME GUARANTEE on the repair. That was state farm . I went to one of their approved body shops to make sure I was covered by this warranty. They ended up totaling the car so we got a new one.

I would call the ins company and start complaining like a MO FO. IMO they are on the hook for making sure it is 100%. If they don't budge I'd start throwing in words like safety and lawyers.

Yep..It is the Insurance company's mandate to return that car to "Pre Accident condition"...

 

[Enen]

Have you considered looking at another brand, like say a Lincoln MKZ? If you have 2 years on a lease left, maybe another brand will be more aggressive on getting you out of your current ride. I know Ford Credit is really trying to support those Lincoln's right now. I bet you could find a deal.

 

[boatpi]

File a complaint online with the CA department of insurance. Continue to make WRITTEN NEW claims about the cars mechanical failures all related to the original accident. Document everything. BTW, IF you had GAP insurance on your policy, it could cover you in a total for the lease. If you do not, you made a poor decision and have to live with it. About now you are stuck with the car but need to get it mechanically repaired. GAP insurance may also cover you for any deduction in value at the time of lease return. You can file a claim against the responsible parties insurance policy, AND sue in small claims the same person. If they loose, their insurance company may be on the hook to pay.

 

[lebel409]

I served on a jury trial regarding a Honda Accord. Some year ( I forget which) had a design that had no camber adjustment. The car tracked hard to the right from the lot, multiple times to the dealer gave her lip service and they kept telling her that the car was perfect...independent shops showed where they tried to bend the frame from the pan to adjust the camber... Three high dollar suits for honda, one ambulance chaser for the lady...Honda finally settled and both the ambulance chaser and the lady looked VERY happy.

Honda will fight hard to protect it's "reliable" image...get lawyered up.

 

[Mandelon]

Get a nasty lawyer, write a nasty letter, use "emotional distress" a lot. If all you want is to trade it for another new Honda they ought to go along with that once they realize you won't just go away.

 

[Outnumbered]

Thanks for the replies.

The body shop guy told me if it was any other make besides a Honda they would have totaled it. The book value is just too high. A ford I'm sure was closer to the break point where they total vs repair. Mine was not even close but may be now that it has been back so many times.

I'm in AZ so CA law does not apply.

I do have GAP, Honda includes it in their leases.

The repairs are guaranteed for life but that has nothing to do with the insurance company totaling the car. They just are required to fix it if it breaks again. They have been great about the customer service but that does not make it much better.

I doubt I could get into a similar car for zero down $345 per month.

 

[TPC]

I'd wager the Honda radiator and Condenser coil is 20X more costly than Radiators.com and that's why you're getting that line from them.
When we've gone throught this,, several times BTW, the after-market radiator didn't cool anywhere near as good as OEM,, and the A/C coil worked no better either.

We fix our wrecks and trade them in and put it all behind us.

 

[Paul65k]

At a minimum a written letter to the State Insurance Commissioner with a copy to the Insurance company would be a good start IMHO. This is likely one of those cases where making trouble for the Insurance company with the appropriate regulatory agency(s) will get you the most mileage (pardon the pun).......but you are already PM'ing with a competent attorney (did I really say that :eek) and I am sure you are getting pretty good advice.

Good Luck........it sucks that you even have to be dealing with this.

PS....have you confirmed with reliable sources that those parts are absolutely not available from Honda......if you come to find out that they are or can be found than I would be pushing the insurance company to replace them.....remember the operative words with any insurance company...."BAD FAITH"....Good Luck:thumbup::thumbup:

 

[red ant]

I do know Honda had a shortage on parts for a while. It was due to the earthquake they had. Manufacturing was shut down for a while. That being said, I would fight and get factory parts installed. I would think your car is still under the manufactures warranty. If it overheats and there are aftermarket parts, you may get screwed again.

I too was hit by a tweaker, while doing about 45 mph. The tweaker turned left into me and pushed me into a big metal pole. Totaled my truck. I really feel for what you are going through.

 

[2Driver]

Like others said, write to the dept. of insurance here in AZ and stay on the process. Before you write them call down and talk to someone there so you understand the process and ensure your letter is directed to the right area and a complaint is officially filed. Insurance companies act fast on complaints to them and it is taken seriously.

 

[gqchris]

Personally I would smoke the engine next time it overheats. Have them replace that then too. Sorry you are going thru this.:thumbsdown

 

[stokernick]

IMHO, State Attorney General's office!!, that's all bullshit!!!

 

[Outnumbered]

Thanks for all the info. I've got a few options working now thanks to you people. I'll update when I can. In a rental now that dealer provided so I'm mobile again.