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  #1 (permalink)  
Old 04 Sep 2010, 08:51 pm
steve
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Default Post Accident Options?

Hi;

A few months ago I bought a 2010 Civic.

Last weekend someone who parked a minivan at the top of a hill
neglected to put his parking break on. The van rolled down hill and
smashed my car. He called the police and took responsibility for the
accident. I've been dealing his insurance company ever since.

The inspector for the insurance company has so far estimated that it
would take almost half the value of the car to repair the the body
damage and the snapped axle on the passenger side. The inspector is
going back for a second inspection to look for mechanical damage once
the car can be put on a lift.


I'm hoping that the car will be totaled because I am concerned that
there might be mechanical damage that might not get fixed and cause
problems over the long therm.

Do I have any options, with the insurance company, should they decide
not to total the car? I know I can always choose to sell it at a
loss after it is fixed and start over but I am wondering if there is a
better route?


The car is currently at the dealership I bought it from a few months
ago. I was thinking of making arrangements with the mechanics there
for them to take their own look. What sort of things should I ask
them to look for?

Thanks in advance for any info



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  #2 (permalink)  
Old 05 Sep 2010, 08:00 am
Elmo P. Shagnasty
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Default Re: Post Accident Options?

In article
<17c9134e-1612-4941-9d7f-06a24d195ed0@z28g2000yqh.googlegroups.com>,
steve <tinker123@gmail.com> wrote:

> Do I have any options, with the insurance company, should they decide
> not to total the car?


Whatever you do, make sure they compensate you for diminished value.
That's a serious hit you took, and they need to include the newly
diminished value of the car in their equations.

It could be that after the repairs PLUS incidentals like this, they
would rather total the car.
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  #3 (permalink)  
Old 05 Sep 2010, 09:50 am
Gordon McGrew
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Posts: n/a
Default Re: Post Accident Options?

On Sun, 05 Sep 2010 09:00:47 -0400, "Elmo P. Shagnasty"
<elmop@nastydesigns.com> wrote:

>In article
><17c9134e-1612-4941-9d7f-06a24d195ed0@z28g2000yqh.googlegroups.com>,
> steve <tinker123@gmail.com> wrote:
>
>> Do I have any options, with the insurance company, should they decide
>> not to total the car?

>
>Whatever you do, make sure they compensate you for diminished value.
>That's a serious hit you took, and they need to include the newly
>diminished value of the car in their equations.
>
>It could be that after the repairs PLUS incidentals like this, they
>would rather total the car.


If they hesitate to total the vehicle, You need to make it clear that
you want a new car. You had essentially a new car before their insured
caused the accident. You expect to have (at least) an essentially new
car when the claim is settled. They should pay you the full sales
price (including tax, etc) minus a reasonable allowance for the miles
you drove it.
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  #4 (permalink)  
Old 05 Sep 2010, 10:11 am
jim beam
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Posts: n/a
Default Re: Post Accident Options?

On 09/04/2010 06:51 PM, steve wrote:
> Hi;
>
> A few months ago I bought a 2010 Civic.
>
> Last weekend someone who parked a minivan at the top of a hill
> neglected to put his parking break on. The van rolled down hill and
> smashed my car. He called the police and took responsibility for the
> accident. I've been dealing his insurance company ever since.
>
> The inspector for the insurance company has so far estimated that it
> would take almost half the value of the car to repair the the body
> damage and the snapped axle on the passenger side. The inspector is
> going back for a second inspection to look for mechanical damage once
> the car can be put on a lift.
>
>
> I'm hoping that the car will be totaled because I am concerned that
> there might be mechanical damage that might not get fixed and cause
> problems over the long therm.


want a new car then bud? if being performed by a reputable shop with
modern laser-controlled alignment equipment, there's no reason a
repaired body shouldn't be just as straight, and in some cases
straighter, than new. broken mechanicals are completely not an issue
since they just get replaced.


>
> Do I have any options, with the insurance company, should they decide
> not to total the car? I know I can always choose to sell it at a
> loss after it is fixed and start over but I am wondering if there is a
> better route?
>
>
> The car is currently at the dealership I bought it from a few months
> ago. I was thinking of making arrangements with the mechanics there
> for them to take their own look. What sort of things should I ask
> them to look for?
>
> Thanks in advance for any info


if you truly don't like not having the ability to make your own
repair/trash decisions, only insure your vehicle third party. if you
insure comprehensive, the fine print on your contract allows the insurer
to make all the decisions, thus it's effectively not "your" vehicle any
more. how much does control really mean to you?


--
nomina rutrum rutrum
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  #5 (permalink)  
Old 05 Sep 2010, 11:56 am
Clams
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Posts: n/a
Default Re: Post Accident Options?

steve wrote:
> Hi;
>
> A few months ago I bought a 2010 Civic.
>
> Last weekend someone who parked a minivan at the top of a hill
> neglected to put his parking break on. The van rolled down hill and
> smashed my car. He called the police and took responsibility for the
> accident. I've been dealing his insurance company ever since.
>
> The inspector for the insurance company has so far estimated that it
> would take almost half the value of the car to repair the the body
> damage and the snapped axle on the passenger side. The inspector is
> going back for a second inspection to look for mechanical damage once
> the car can be put on a lift.
>
>
> I'm hoping that the car will be totaled because I am concerned that
> there might be mechanical damage that might not get fixed and cause
> problems over the long therm.
>
> Do I have any options, with the insurance company, should they decide
> not to total the car? I know I can always choose to sell it at a
> loss after it is fixed and start over but I am wondering if there is a
> better route?
>
>
> The car is currently at the dealership I bought it from a few months
> ago. I was thinking of making arrangements with the mechanics there
> for them to take their own look. What sort of things should I ask
> them to look for?
>
> Thanks in advance for any info
>
>
>



A similar thing happened to me several years ago when a drunk teenager
slammed in my three-month old, (legally) parked car. First estimate was
about 50% where they wanted to repair it. I met with the repair shop's
estimator and made it known that I really preferred it be totaled. He
commented that on older cars, owners many times prefer to keep estimates
below salvage value to keep the car running (many times still cheaper
than finding a suitable replacement). He "found" some additional
structural damage (slight bulge in the roof, etc. indicative of
additional potential structural damage) and managed to get it totaled,
as preferred.

Keep in mind that the appraised will likely be required by an insurance
company approved appraiser, but if connected with the dealership, he
might be more inclined to work with you if he senses you'll buy the
replacement from him (In my case it was a separate business).
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  #6 (permalink)  
Old 05 Sep 2010, 02:43 pm
Clams
Guest
 
Posts: n/a
Default Re: Post Accident Options?

Gordon McGrew wrote:
> On Sun, 05 Sep 2010 09:00:47 -0400, "Elmo P. Shagnasty"
> <elmop@nastydesigns.com> wrote:
>
>
>>In article
>><17c9134e-1612-4941-9d7f-06a24d195ed0@z28g2000yqh.googlegroups.com>,
>>steve <tinker123@gmail.com> wrote:
>>
>>
>>>Do I have any options, with the insurance company, should they decide
>>>not to total the car?

>>
>>Whatever you do, make sure they compensate you for diminished value.
>>That's a serious hit you took, and they need to include the newly
>>diminished value of the car in their equations.
>>
>>It could be that after the repairs PLUS incidentals like this, they
>>would rather total the car.

>
>
> If they hesitate to total the vehicle, You need to make it clear that
> you want a new car. You had essentially a new car before their insured
> caused the accident. You expect to have (at least) an essentially new
> car when the claim is settled. They should pay you the full sales
> price (including tax, etc) minus a reasonable allowance for the miles
> you drove it.



Here, they don't reimburse the sales tax, but rather provide a
certificate for credit for the state sales taxes against a replacement
vehicle (if you buy one for the exact settlement price, no sales tax is
charged / if you buy one of increased value, you pay the sales tax on
the difference).

I "lucked" out where I bought at the end of one model year and then
bought the replacement (same model) in the next model year with added /
additional included options for only about a hundred dollars over the
depreciated value of my totaled car.
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  #7 (permalink)  
Old 05 Sep 2010, 06:42 pm
steve
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Posts: n/a
Default Re: Post Accident Options?

On Sep 5, 11:11*am, jim beam <m...@privacy.net> wrote:

> want a new car then bud? *if being performed by a reputable shop with
> modern laser-controlled alignment equipment, there's no reason a
> repaired body shouldn't be just as straight, and in some cases
> straighter, than new. *broken mechanicals are completely not an issue
> since they just get replaced.


How can I make sure this is the case? Ask the dealership ( it is my
dealership where I bought the car, has extensive repair facilities )
if they use modern laser controlled equipment? What else should I ask
them?

> if you truly don't like not having the ability to make your own
> repair/trash decisions, only insure your vehicle third party. *if you
> insure comprehensive, the fine print on your contract allows the insurer
> to make all the decisions, thus it's effectively not "your" vehicle any
> more. *


I apologize for not writing my original post clearly. I'm not
waiting on MY insurance company. The accident wasn't my fault. I'm
waiting on the insurance company of the person who caused the
accident.

If I don't get comprehensive insurance in the future, what is this
"insure the vehicale 3rd party" thing?

Thanks in advance for the info.

Steve
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  #8 (permalink)  
Old 05 Sep 2010, 06:44 pm
steve
Guest
 
Posts: n/a
Default Re: Post Accident Options?

On Sep 5, 9:00*am, "Elmo P. Shagnasty" <el...@nastydesigns.com> wrote:


> Whatever you do, make sure they compensate you for diminished value.


How would I find out what the diminished value is?

To be clear, I didn't cause the accident. I'm waiting on the OTHER
person's insurance company to take care of the situation, not my own.

What can I do if they tell me "we are only paying to fix the car,
tough luck"?

Thanks in advance for any info

Steve
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  #9 (permalink)  
Old 05 Sep 2010, 06:46 pm
steve
Guest
 
Posts: n/a
Default Re: Post Accident Options?

On Sep 5, 10:50*am, Gordon McGrew <RgEmMcOgVr...@mindspring.com>
wrote:

> If they hesitate to total the vehicle, You need to make it clear that
> you want a new car. You had essentially a new car before their insured
> caused the accident. *You expect to have (at least) an essentially new
> car when the claim is settled. *They should pay you the full sales
> price (including tax, etc) minus a reasonable allowance for the miles
> you drove it.


That is why I am posting here.

The accident wasn't my fault. I'm not dealing with MY insurance
company, but the OTHER person's insurance company.

What can I do if they tell me "we are paying to fix the car and that
is it"?

Thanks in advance for any info

Steve

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  #10 (permalink)  
Old 05 Sep 2010, 07:02 pm
Elmo P. Shagnasty
Guest
 
Posts: n/a
Default Re: Post Accident Options?

In article
<9ad77cc1-ef7e-45ca-b366-d79b0ecfcf88@11g2000yqq.googlegroups.com>,
steve <tinker123@gmail.com> wrote:

> What can I do if they tell me "we are paying to fix the car and that
> is it"?


You may be dealing with his insurance company, but it's him you have the
beef with.

Whatever his insurance doesn't cover, doesn't mean that he's not
responsible for it.

If he had the state-minimum $12,500 liability coverage, and you're out
$25,000, his insurance would cover max $12,500--and he's still out the
rest.

You may not elect to take what his insurance company is offering. The
laws vary from state to state; find an attorney you can sit down with to
evaluate your options.

Always remember: HE is responsible. Not his insurance company.
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