Cipher

Me and a friend of mine where driving to town the other day when some a$$hole rammed into the side of my car. He kept slowing down (5mph) and speeding up (30mph) and finally I got sick of it, so I went to pass, dropped to first and hit the gas. As soon as we got next to his window he looked at my friend and rammed right into us. He was driving a 87 Ford F-350 with a double tandem trailer on the back. Screwed up my entire passenger side. Dented the Front and Rear Quarter Panels, bent the door, relocated the front clip and broke my mirror/taillight. We went into the ditch doing close to 40mph and I kept it out of the trees and fences, thank god.

Now the insurance company (his) want to total the car. They won't take into consideration the 8K I dropped into it 6 months ago, or the cost of labor a shop would have charged to do the work. They are willing to give me only 2K for the car and a little change for pain and suffering (I was a little sore after the wreck).

WTF - I asked the adjuster to go out and find me a 89-91 RX (any model) with an engine as new as mine and all the upgrades mine has for 2K, so that's what he is working on now, but I doubt it will change things much. I am thinking about getting a lawyer, but I'm not sure how these things work.

Can anyone tell me if they can total my car out if they cannot find what I told them to find? If you can find a Rex in that shape then 2K is fair market value, but if you cannot, then shouldn't they reconsider there appraisal ?? Can they even total the car out to begin with, shouldn't they fix the car regardless of the price to them since it was not my fault !

Man, I'm gonna miss my car

jeff_oner

first thing, performance mods lower the value of the car.

the insurance adjuster has a forumla/application/reference material, to calculate the value of your car if it wasnt wrecked. if that cost is lower than the price to fix the car they will try to total it, and give you the money they calculate that the car is worth.
you should get a better price than that, when my brother totaled his 91 crx he got $5k.
anyway, you should get some estimates from some shops and after he recalculates the totaled price if you have a repair estimate below that they should go for it.
my dad is an insurance adjuster and most times he is pretty flexible. hope this helps some

gorockrx

Hey.......
I've had the same thing happen to me a few times in my life and this is what I know about insurance.
It really depends on the company you have, but they MUST give you MARKET VALUE for the car not to exceed the NADA Bluebook.....

Now, this can be tricky and they will want you to give up the car so they can sell it (and ALL the new parts) to offset their so-called loss.

DON'T LET THEM HAVE THE CAR!!!!!

Most insurance companies (not all of them) will have different percentages that they will offer you.
First they try to total a car if it is in their best interest, but YOU DON'T have to total it! A total is usually negotiable, but they always start with a low offer. This is most likely %75 loan to value.

If you say you love your car....blah, blah, blah, and deal with them, they may offer you a little less, but will not total the car and will just cut you a check for about %70 loan to value.DO THIS IF POSSIBLE and it will save you $$$$$

This is what I do every time. They are a hard car to replace, but the book value is low, so find at least 3 other cars with comparable mods, and use that average price to demand a loan to value that will give you the max $$ after your deductible and a non-total on your car. If they total it, you will loose more money.

TAKE the MAX amount of $$ you can and keep the car. This way you can do what you want with all the parts and engine etc. Then, buy another RX7 and transfer your parts, OR if the car is not too bad, use the money to buy parts off of the internet and fix it yourself.

What insurance company do you have? and WHY is YOUR insurance paying. Did they determine it to be your fault? I don't see why you or your insurance are paying anything. I don't see why this was your fault unless there are more details you did not mention. You should maybe try to get the money from the idiot who hit you. Did they just hit you and run????



Hope that info helps,
Greg

jarrod

If you want to get the insurance company's
attention GET A LAWYER!!!!NO,IFs,ANDs,or BUTS....
tell them you might need rehab....
tell your lawyer about the pain in your neck...
go see a doctor and get the bill sent to the insurance
co....
GET A LAWYER .........

Cipher

My insurance and his are the same (Allstate). This probably does not help matters any. I only have liability, as does he, however, since the accident was his fault, they are paying under his claim, not mine. I just do not see how it is legal for the insurance companies to tell you they will not repair your car. I would understand completely if I was at fault, but I wasn't, so who the hell are these morons to tell me they won't fix the car. Isn't that what insurance is to begin with ?? I know this may sound lame, but we are all fanatics on this board, but how can they put a price on personal value. Sure, the car can be replaced, but in my opinion, only with a 3rd Gen Touring Edition, other than that, this car cannot be replaced as far as I am concerned.

But like I said, would legal action help any. I have heard of people getting Pro-Bono help and walk away with the car fixed better than before the accident.

Oh, ojne other thing, they told me that if he was looking right at me when he hit me it would be considered malicious intent and they wouldn't cover the damages anyway. The officer at the scene said it was not, in his opinion, malicious. So I got a break on that.....

sunshine

iTrader: (3)

you should try to get him for things like wreckless endagerment, road rage, etc...(get a lawyer). The only way you would lose this is if you tried to pass over a double yellow. Even if, you still might have a case. we need more details...

RETed

Can you tell us what year and model you got?&nbsp If it's a 1986 or 1987 model, $2,000 is about right...



-Ted

jarrod

also you could sue in civil court,
pain and suffering the whole nine yards..
that would also get the scumbags attention

Cipher

Details---- like what. First off, there where no lines on the road (I live out in the boonies), however it is a LEGAL passing zone. The State Trooper that was on the scene said it was not the best place to pass, but it was legal and therefore he is required to yeild the right of way. I signaled before and during passing. What's more, my car has headers and a gutted cat, so at WOT the thing is pretty damn load. He told the cop he didn't see me, but I know for a fact he heard me (unless his truck has 10+ subs in the back seat). My friend swears up and down the guy was looking right at us when he did it, I've known the guy (my friend) my whole life and he wouldn't lie about something like that.

When he first made contact with my car he didn't move back over to his side of the road like you thing he would, he just kept pushing me off the road. He told the cop he must've hit a bump in the road that made his trailer "fly" to the other side of the road. The cop looked up and down the road and couldn't find a bump. I told him the bump he felt was my car. I made the cop laugh, so that was kewl.

Things like this happen all the time out where I live. I have had people swerve at me while I was passing, but never hit me.

I always wondered what it would be like getting ran off the road, guess I should've watched what I wished for

gorockrx

This brings flashbacks

A lawyer would help, but you have to pay them too $$

Try to see how high you can make the retail value of your car go. Get copies of cars for sale and average the price. Make sure they have comparable miles (or less) and then once you have the highest average ask them to give you the max cash out (usually %70 of retail).

They DO have the right to not fix your car if the cost exceeds the loan to value. There are insurance laws so that the insurance companies will always be protected from large losses........Not fair I know......

BUT, DON'T sign anything and DON'T let them have your car. You may want to consider how much a lawyer will help. IF it was a 3rd Gen, their value is high enought to warrant a laywer, but a sec gen is most likely not.

What is the info on your car?

DC350

Seriously, tell them some **** about how you got whiplash and your back hurts....I have 3 friends. getin money from car accidents when they were younger....one is gettin 180,000 dollars! canadian. Can you believe that? HOLY ****, another friend, 18,000 got his knees messed, and last but not least 2 k for "my neck hurts"

sinfestboy

get yourself a lawyer.

Cipher

It's an 89 GXL.

New Engine (not rebuilt)
New Clutch
Bonez Cold Air kit
Short Shifter
New Vaccum Lines
Electric Fan
(others, but those are the most significant)
Plus, in my opinion, I should get some money for labor, a shop would have charged quite a bit. How much does Rotary Performance in Dallas charge for the engine swap and clutch install????

gorockrx

IF there was documentation of injuries by the cop......Get a laywer! If you told the cop that you were ok and you didn't get checked by an EMT or hospital. You may have blown your chance to get any additional $$ through a lawyer. You never know though. Some lawyers are VERY aggressive.

Wouldn't hurt to ask around....

sunshine

iTrader: (3)

dont lie about your medical condition - you do not want to be involved with insurance fraud!!!!!!!!
but DO get a lawyer and take that bastard to court for endangering your and your friends life with such a stupid stunt! Some lawyers may take the case and get paid only if they win

banzaitoyota

To everyone out there whp is concerned about getting "Fair value/mods value /perceived value" of your 11-16 year old car: Get a stated value policy. If the vehicle is totaled or damaged you get the amount previously agreed on by you and the insurance company. Of course there is a catch, the more you insure the more it costs. Until you do that you'll have to livr with whatever meager settlement the insurance copany determines.

gr0undz3r0

He is dead on. ......
GET A LAWYER
DOCTOR the whole nine fsck that fat bastard

WVinceRX7

4 years ago my near mint first gen got nuked by a fellow in a jacked up big wheeled pickup....

Damn, sounds like a flashback of sorts.

We both had the same insurance company as well (State Farm)... He was totally at fault. (I was parked at a red light, and he was making a left turn thru my lane, of all things to get his picture taken for his drivers liscence at the DMV)

Unfortunately, he went thru my lane, and thru my car...

I had to fight like hell to get decent money from the insurance company (My engine had been replaced 10k miles before by the previous owner), and I regret to this day that I didn't get an attorney.

2 months after I settled and cashed the check, I ended up in the hospital with a subdural hematoma... basically a bleed on the brain. Was in the hospital for a week, fortunately they could treat it without surgery... but since I had settled, I had to pay for the hospitalization out of pocket... 0ver $6k. (I thought I was ok physically... had myself checked out at an urgent care after the wreck and the doc there thought I had a mild concussion, but no real problems.

I tried to get an attorney after the fact, but since I had settled, I was screwed. (The attorney felt I could have probably collected close to $50k if we had went to court and not settled.)

Bottom line... go to an attorney and work out a deal for a percentage if you can. He should be able to recover more for you just by the implied threat of a suit.

Best of luck, I can definately say I know what your going thru....

HOZZMANRX7

iTrader: (43)

I've been through this a couple times, once personally and once helping out my daughters friend.

EVERY ache and pain, tell the doctor about. Go back and tell him about ANYTHING you didn't tell him about, no matter how small. Don't feel like your being a wimp. You were harmed. You are due compensation for every ounce of harm that guy did. If the insurance company wants to try and push a short change on you, thats your platform to push back.

The insurance company's job is to minimize cost of claims. My daughters friend bought a new car, and it got nailed and totaled. She was verifiably hurt. They wanted to settle for less than what she owed on the car. I talked to the adjuster, suggested she might just deal through her injuries with her own medical insurance if they would at least settle for enough to pay off the loan. They refused.

So, I put her in touch with my attorney. Key point is that she was hurt by the accident, her complaint of pain was in the accident report, and she could show she went to emergency shortely after the accident.

End of the story, her injuries were taken care of and they settled over and above the cost of medical for well more than what she owed.

I thought about calling the adjuster afterward and saying "I told you so", I'll let you decide if I did or not.

As to the car damage by itself, you're kinda stuck. Normally, they total a car when the cost to repair is 75% or more of the appraised value of your car. My advice if you want to keep the car, work with the estimator and wittle down the cost to repair using good used parts until you're just under the 75% number. Then, take the check you get at 75%, use even more good used parts. Maybe do as much of the work you can by itself. You'll probably have your Rex on the road and extra $$$$ in the bank as a result.

RETed

That's $4k easy right there, and it's easily a $5k payout by most standards.&nbsp If they don't budge, a lawyer is the only way.&nbsp I hope you have receipts?




-Ted

My Junx

I smell a lawyer on the way! For real dude, just about 6 months ago I totalled my 91 integra and got 4K for it, that's how I got my RX. For future reference I would recomend anyone who is looking for good insurance that even covers your performance mods to check out progressive. If you have any custom stuff in or on teh car including all engine work you can add those to your worksheet and they INCREASE the value of the car, but if you do not claim them on your policy they DECREASE the value...However because you have performance mods your premium will go up a little, but if yuo have full coverage and claim your mods on your policy...should anything happen to your car, you'll be glad you paid the few bux extra. But yeah man don't let the cheap bastards have your car.

Merovign

I hate lawyers, and no one but lawyers ever wins in court, but....

If your friend is right, and is willing to testify, I'd be a little bit worried about getting the SOB off the road... permanently. It's not "reckless driving" it's Assault with a Deadly Weapon. I won't even say what you can legally do if someone deliberately runs into you, but you get the idea that even those wacked out lawmakers understand that that's not OK behavior.

Did your friend tell the cop, on the scene, what he saw? He probably didn't, which is the only reason I can think of why you haven't described an arrest.

If you still don't think it's such a big deal, think about the single mother with her kid in the seat he does it to the next time.

I'm kind of shocked no one else mentioned that, it seems to be a pretty big issue.

As to the insurance, make it clear that they chose to insure that guy and he was completely at fault. He took your car away and you want it replaced. And if they don't, make it clear that everyone outside of lower Slobovia is going to hear about it. They represent him in this case. Make them regret it. It's part of the insurance system to make sure that jerks who hurt people AT LEAST pay more....

I agree with the fellow that said don't let them take the car, if only because you may be able to recycle some of the mods.

Best of luck

I don't want to sound critical, but you don't seem to be taking seriously that someone is now out there with a 5000+ pound weapon they've shown themselves willing to use against a stranger who's just trying to drive by. That worries me, let me tell you.

Powridah

when I hydroplaned my car into a ditch, they said it was a writeoff, but i kept telling them to fuckoff since it wasent, i told them that 4000 cdn isnt going to cut it because you will not find a car like mine for that price, after two weeks of arguing the guy called me back after I showed him the tuneup records and new tranny he said he would give me 9800 CDN !

sunshine

iTrader: (3)

Ethicaly, I agree with you 100% Merovign, but I do not think in this situation, it it a realistic goal to try "to teach this guy a lesson". I a court (if it ever got that far) this case would simply be a case of credibility, his word against mine type of thing. I think Cipher should focus on recovering the most $$ possible, which still involves a lawyer to help settle the case. That way, the timeframe might also be shorter.

Cipher

Yep, every last one of them. I also have the names and money order stubbs from the guys I bought parts from on this board