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.