Car Totaled have Question

[nc redneck]

I owned a collision repair shop in NC for 30 years. Welcome to the cruel hard world of insurance negotiation. Your son does need to go to the Doctor and perhaps a chiropractor. Its sad but true only the squeaky wheel comes out OK in your situation. Go online and find the highest priced cars you can find that match your make, model and mileage fax and email to adjuster. You are in a paper battle and whoever sends the most wins ( also very time consuming ) If possible get in a rental and DO NOT give them your CC # direct bill to Insurance Co only. Try to keep totaled car at wrecker yard that charges storage. Do not move it to there recommended or Pro shop as it can sit there for months for free.
Doctor bills X 2 is the norm. Dont expect to make a profit just get back same type of car without a loss.
Insurance Co. is not your friend and only care about total claim cost. Replacement, rental, doctor, pain and suffering.
If they totaled it I am pretty sure you need to let it go.
What Insurance Company is it ? Some play more hardball than others
Good Luck
Scott

 

[timswi]

I'd just take the $7300 (negotiate for more if you can) and buy something else..You can get a very decent car for that money...Sadly, it's the way it is and under the circumstances you were the unwitting victim..Thankfully no one was hurt. A couple of hundred bucks lost would allow me to digest that.

 

[Clint S]

I had a similar situation where our car was damaged in an accident and the other person was at fault. We were going to the dealership that weekend to trade it in on a new car. Their initial trade in value was 12500. The car was close to being totaled as the cost of repairs were $400 from 75% of the value. We ended up getting the car fixed at the dealers body shop to expedite the new car purchase. We went to sign the papers for the new car and was told we now would only get $8000 trade in due to the car being in an accident and having repaired frame damage. We lost $4500 due to an 88 year old running a stop sign. We tried to get the ladies ins company to cover the diminished value, but no way.

 

[ultrarunner]

Not to make things complicated...

Brothers wife was hit on the driver's side when a Cal College student ran a red light.

There were lots of problems and delays...

My brother finally said enough and filed a lawsuit in Superior Court... paid a lawyer I know a couple of hundred to make sure the filing was correct... brother had never sued anyone and in not a lawyer.

Anyway... the insurance company that would not talk to him was suddenly nice and friendly... they asked why my brother was going to court when they were almost in agreement.

Brother told him to cut a check and he would drop the suit... they said see you in court.

Minutes before the hearing... Insurance company said they would pay in full the amount requested...

Learned a lot from this... insurance companies do not do anything unless it is in their interest and even I guy with no legal experience can put up a good fight.

Later he learned the insurance company decided to avoid the expense of a jury trial.

 

[hunterridgefarm]

Thanks for the reply's, you have reinforced what I already knew.

I have found a couple of cars that were the same, make, year, and mileage for $9995.00 and $10K. This was the message I left the adjuster last Friday. I'll let you know what his reply is.

I am not trying to make a profit just recoup cost. I feel very lucky my son was not hurt. I have watch him this week to see if there is any soreness and he is fine. He even helped me drag some brush from some trees I downed this weekend:thumbsup:

I have always tried to live my life with honesty and integrity so I cannot go the medical route just to try and get a few extra bucks. The accident happened in a school zone so speed was a major factor in no one getting hurt.

I have seen several accidents where people fake injuries to to try and get something for free. I even offered to testify on one accident I witnessed in front of our office and was the first one there to offer assistance.

I know how insurance companies work but after this experience I kind of see why some people fake injuries.

I may have to settle for the initial offer but I think I can get a few more $. I'll let you know.

 

[jinman]

Now, that's not a very nice thing to say -- we have at least one attorney in the TBN family.

Steve

A local attorney who advertises locally as the "Texas Strongarm" was just denied his lawsuit against a trucking company. He ran a stop sign and the truck t-boned his Bentley. I guess he'll have to inhale a lot of ambulance exhaust fumes before he can get his Bentley fixed.

 

[EddieWalker]

I've found that they like to offer a low amount up front with the hope you'll take it and go away. If you decline that offer, they will come up. The longer you decline, the higher they will go. Somewhere there is a time limit of how many months they have to reach a solution, and if you don't do that, they get into trouble with federal regulations. I'm vague on the details since it's been well over a decade, but it's how it's worked for everyone I know who has been involved in wrecks in the past. I was also told this from several agents that I knew pretty good.

Play the game and don't take it personally. Go for as much as you can get, but be sure to get out before it becomes personal and affects you.


Eddie

 

[Western]

Have you considered the "diminished value" claim? Hunter, read this for a few other ideas.

12 things your auto insurer won't tell you

 

[hunterridgefarm]

Western,

I had actually read that link. One other leverage is buying the car back, fixing it, and filing the diminished value claim.

 

[nc redneck]

DV is very hard to collect on. Eddie is correct insurance co. call it pending claims. Depending on what company it is it will come in to play in a few weeks or as long as 2 months. Most people cant wait that long and they know it. If you do decide to go the DV route ( I don't recommend it )
There is a company called Wreck Check. They evaluate your car after repairs and put a number on amount of DV, nice professional printed report. Will help in court. They are franchises so a lot depends on the skill and experience of local guy. Not a lot of them around anymore because Ins. rarely pay DV without going to court.

 

[buickanddeere]

In my personal experience and from other person's reports. Once a vehicle has been "seriously hit". It will never be "right".

 

[Dr_Zinj]

Kelly Blue book puts the maximum value at about $5800 for the car. New one will cost about $19500.
Take the $7300 the insurance company is offering. That's what they say it would cost to repair the car back to operational condition. Obviously that is more than the car is worth. And most people don't know that with cars currently being designed to crumple in accidents to save the driver and passengers, you're never going to restore one to the same level of safety after an accident. You're 37% of the way to the cost of a new car, or you can use that to buy a used one without accident damage. I did a quartering hit with my sedan this winter. 10 years old, 130,000 miles. Insurance wrote it off as a total also and I got nearly $3000 more than the KBB value to go buy a new pickup.

 

[dmccarty]

When we were hit a few years ago, the insurance company paid more than a fair price which really surprised us.

Did it compensate us for having to go buy a new car? No, but it did help with the purchase.

Frankly, just be thankful your son is ok. My wife has had two surgeries as a result of the accident and we are having to sue the insurance company. They offered to pay about 8% of the medical bills when they should be paying 150%. The accident was not our fault yet we are the ones left holding the scat. I wish all that accident had cost us was a bit of time and money for a new car, that would have been so much cheaper...

Later,
Dan

 

[The Fred]

I work on lots of Subarus, get out of the car and find another because the strength of the uni body has been compromised. Yes they are an ok car but hardly safe compared to Volvos and other European cars. I don't care what the highway safety institute says simply wash your hands of it.

I am not trying to make a profit just recoup cost. I feel very lucky my son was not hurt. I have watch him this week to see if there is any soreness and he is fine. He even helped me drag some brush from some trees I downed this weekend

Mistake on your part sir: NEVER sign off on an accident until everything is done. Your son's soreness was your way out. You are so honest (not a bad trait) that the insurance company will use this against you. They will low ball you until you cave. Hospital and health bills are WAY more expensive than any car repairs and the insurance company doesn't want to pay any more than they have to. Once they lowball you and decide not to pay your added expenses you simply tell them your son has some pain in his back and they pay your added expenses. You told them he was fine, oh well now you pay your own added expenses. You're too kind in a dog eat dog world.

Also almost every body shop will use junk Chinese parts on your vehicle because that's all the insurance company will pay for. Visit virtually all of the OEM vehicle websites and you will see a disclaimer that any aftermarket parts used on your vehicle void any warranty with them that you had. Insurance companies suck and you are about to find out why; thus the reason we don't give them too much information about your son's health, that was your wild card.

I have a friend who's F-350 got rear ended by someone else and their insurance company would NOT pay for a new bumper or tailgate because it was already dented, even though it wasn't his fault they denied payment. He called me and asked me about it and I told him to tell the adjuster his back hurt and he might be going to the doctor, they paid for a new gate and bumper then no questions asked.

You're about to be taken to the cleaners....hang on! These companies save money by low balling you I see it with virtually EVERY auto insurance claim that comes through my shop.

A friend joined one of those prepaid family legal places for a few hundred bucks a year and they really go to bat for him. He's on the go and gets speeding tickets they have fought every one for him and won them all.



Under all my BS I'm a pretty honest guy myself although you wouldn't think so by some of my posts.


Fred
It's so cold here this morning the lawyers have their hands in THEIR OWN pockets :cold:

 

[rsallen]

LOL.
At last there's an up side to the cold.

Still laughing,
Mind if I use that line?

 

[tallyho8]

That reminds me. Back in 2001 a man ran into my 1995 Ford F250 front bumper and Geico insurance had it replaced with a bumper that was not OEM, probably foreign. They said it would have a lifetime guarantee from the Ford dealer who installed it.

I still have the truck, in excellent condition, except the front bumper is rusted although the original rear bumper is like brand new.

I went back to the dealer to see about getting it replaced under the "lifetime warranty" but they said no, that dealership was sold and they are a new dealership with a slight variation in the corporate name. The warranty no longer applies.

 

[rsallen]

Yeah much like the retirement plans at those kind of owners.

Sounds like the lawyers need some cold weather.

 

[hawkeye08]

A good attorney is well worth their fees in any injury auto accident. My daughter was hit (other driver was cited) and the other guys insurance was being a jerk, demanding our daughter give a recorded statement and bullying her. We called an attorney that a business consultant referred us to. He advised our daughter and was on the call when she was ready to give statement. When the insurance company started bullying her, he spoke up and put them in their place. She did not have time to go the doctor and chiropractor (her words, not mine). The car (Fiero) had rear quarter damage and the wheel was bent, insurance company totaled it, tried to low ball us on the value and I met with the adjuster and went over the car in detail, he doubled the offer, let us buy it back. We got a cancelled title in mail from DMV. Our daughter drove my wife's car for a year while I procrastinated on fixing her car.. finally fixed it (planned on replacing panels and painting it, but my source of parts was questionable and state patrol inspection required receipts and VIN from parts car). I rebuilt the qtr panel with fiberglass and painted it. I called state patrol for inspection and they told me since I was the original owner and fixed it myself that I could get a new title for it without inspection. The title was clean (not rebuilt or salvage). Several years later we donated the car to the local mission and daughter got a different car...

Long story, sorry, but the short answer is a lawyer is a good idea. Lawyer said if my daughter had gone to doctor and chiropractor, he could have gotten us twice as much.

 

[hunterridgefarm]

Mistake on your part sir: NEVER sign off on an accident until everything is done. Your son's soreness was your way out. You are so honest (not a bad trait) that the insurance company will use this against you. They will low ball you until you cave. Hospital and health bills are WAY more expensive than any car repairs and the insurance company doesn't want to pay any more than they have to. Once they lowball you and decide not to pay your added expenses you simply tell them your son has some pain in his back and they pay your added expenses. You told them he was fine, oh well now you pay your own added expenses. You're too kind in a dog eat dog world.

thus the reason we don't give them too much information about your son's health, that was your wild card.

You're about to be taken to the cleaners....hang on!

Hello Fred,

I enjoy reading your threads and post on TBN.

Concerning this, I have never signed off on anything and only gave the adjuster information he needed. I have some past experience with insurance companies.

Truth is my son was not hurt, was not sore, so I see no reason the abuse the system. I think that is one of the reasons insurance is so high, people abusing the system trying to get as much as they can...for free.

From the research I have done the offer was for the high end of the NADA, Kelly Blue Book value of the car. I just thought I should get something for my time. According to NC law, which I researched and talked to a friend who is an attorney, they paid what they were required. We should settle next week.

As far as being "too kind" well you are right I have been called that before. I think kindness and honesty is a good trait to have and I try to sat an example for my son. Even though I do believe honest people usually come in last.

 

[The Fred]

Hello Fred,

I enjoy reading your threads and post on TBN.

Concerning this, I have never signed off on anything and only gave the adjuster information he needed. I have some past experience with insurance companies.

Truth is my son was not hurt, was not sore, so I see no reason the abuse the system. I think that is one of the reasons insurance is so high, people abusing the system trying to get as much as they can...for free.

From the research I have done the offer was for the high end of the NADA, Kelly Blue Book value of the car. I just thought I should get something for my time. According to NC law, which I researched and talked to a friend who is an attorney, they paid what they were required. We should settle next week.

As far as being "too kind" well you are right I have been called that before. I think kindness and honesty is a good trait to have and I try to sat an example for my son. Even though I do believe honest people usually come in last.

I'm sorry if I insulted you or sound rough.

I get very upset at the negotiating process these insurance companies use. The adjuster's job is to keep costs down for the company. I do repairs not bodywork. In our state bodyshops get $45 dollars an hour as a set labor rate per some kind of agreement they all have with the insurance companies. The mechanical labor rate in our state is not fixed so if we do say a radiator swap for an insurance job we would get our regular rate at the time allowed by the vehicle manufacturer. Every new car manufacturer has a labor guide that these jobs entail in time units.

When the adjuster comes in and looks at a job they are the ones telling us what the job pays in hours and the parts involved. Many times they also source the parts for us (most of the time cheaper aftermarket or good used parts), now keep in mind we still must provide a warranty on our work to the consumer and at the end of the day we must make our profit margin so we can afford the luxurious lifestyle we live, example given my new Kubota tractor I didn't need to plow the driveway. It's up to me to make sure I can provide this service and keep my margin and not cave to the insurance industry who are the ones in the end who are keeping costs down for the shareholders.

Imagine if you will if your son had been hurt (thankfully he didn't) and an insurance adjuster calls on the caregiver, doctor what have you to negotiate the hospital's price down so that the shareholder's of said insurance company stay happy. Now I have seen relatively new cars with very few miles come to me from body shops for mechanical work (programming or issues UN-resolved because the body shop tech couldn't figure something out because his boss gets $45 dollars per hour (not the $90 he should be getting) and he get's paid $12 because that's all his boss can afford to pay his help as the insurance company negotiated their price to rock bottom already. ALL of these jobs I see have Chinese aftermarket parts instead of the FACTORY NEW OEM PART THAT CAME ON YOUR NEW VEHICLE.

Now imagine your son with a healing leg with a metal rod installed in his femur that was made in China manufactured from substandard mild steel metal and not surgical stainless steel that a human body requires. Price negotiated down by an insurance company adjuster, maybe the same one who tried low balling you.

I'm no Perry Mason but I rest my case. Good luck with the outcome in the end I'm sure it will be fine. Keep us posted I'd like to hear the final results. I'm glad your son is fine.

Regards, Fred