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another totalled FD - need legal advice! Please HELP!!!

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Old 04-10-03, 05:14 PM
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another totalled FD - need legal advice! Please HELP!!!

Well, insurance is declaring my car a TOTAL.
My car was broken into and vandalized not too long ago.
They took all my lights and damaged the paint and body of the car.
I got an estimate and it came out to almost ~$8,000-$9,000.
Insurance is saying they will pay out a total of $11,800 for the car and declare the car a total loss.
Now, I know it is their discression to declare a car a total loss or not but I really want to keep the car.
Obviously, if I take their settlement I'll be loosing money but most of all, I would rather not see another FD totalled. And I also have an attachment to this car (as most of you might be able to relate with your own FDs.)

So, does anyone know what I can do so that I might keep the car? I don't understand why they would want to pay more money to total the car than to pay less for me to fix it.

I will be writing a letter of appeal to them asking them if they would accept a closed bid from a shop, but if anyone has any other suggestions that would be great.

Anyone know a lawyer?
Old 04-10-03, 05:27 PM
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I guess you could find out how much they want for it and buy it back from them.
Then get the car fixed yourself, you might even have some money left over
But $11,800 is a pretty sh*tty deal it would be hard to get another one with that much dough.
Old 04-10-03, 05:28 PM
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Many insurance companies have contracts with salvage yards. The salvage yard agrees to buy ALL total losses for 25%(my guess) of the totaled value of the vehicle. So the insurance company pays you 12k and gets back 3k from the salvage yard. Sometimes they come out ahead by totalling a car instead of repairing it.

You should insist on having the car repaired. You have rights. If you have a problem, threaten the adjuster with calling the Ca. Dept. of Insurance on him personally.

Call them if you need to: 800-927-4357
Old 04-10-03, 05:30 PM
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They can considered it totaled and give you the money and you can buy it back for around 2k and fix it up and bring it back to them to get it re-titled.
Old 04-10-03, 05:35 PM
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You always have the option to keep the car even if it is totalled. I think they will give you the 11k, but take out 15%. But you have to remember, sometimes it might be better to take the money and buy another one, 11,800 can get you a really decent one, so if yours is too messed up I suggest taking the money.
Old 04-10-03, 05:46 PM
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Well, I just totaled mine about 4 weeks ago and I know exactly how you feel! I got almost nothing for it and I had just rebuilt the motor only 1k miles before the wreck! I don't have any advice to lend, but all I can say is this.....GET A LAWYER either way!!! Whether you are fighting the insurance company or not, with a lawyer you will get more for the car! Even if you don't get much more, at least you will be trying! Good luck and don't worry, it will all work out, just give it time!

Nicole
Old 04-10-03, 06:03 PM
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The first offer on the car is a 'bid' shall we say. It doesn't mean that is what you have to take that for your car. If you can prove that your car is worth more then that, you will get more. For example: Hunt the papers, internet; what will it take to replace your car with a like vehicle? Bring to the insurance company ads showing that your car is going for more then that 11k or so and you will get more.

You do not have to let them total the car. It is not their choice, it is yours. Its your car and don't forget that. You pay insurance so that when something like this happens you are made 'whole again'. The adjuster's job is to give you as little as possible to make the insurance company as profitable as possible. Its your job, unfortunately, to push back to get what you should be given for your loss, to get you back where you started before the accident/vandalism

Have fun, I would bet on 15k in reimbursment for your loss if you play your cards right.

J
Old 04-10-03, 06:05 PM
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Ah, yeah. If you are shy or worried much about this, get a lawyer like they are saying above. It will be worth it. You don't really need one if you know even just a little about how the game works though.

J
Old 04-10-03, 06:54 PM
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Originally posted by Jason93RX7R1
The first offer on the car is a 'bid' shall we say. It doesn't mean that is what you have to take that for your car........The adjuster's job is to give you as little as possible to make the insurance company as profitable as possible. Its your job, unfortunately, to push back to get what you should be given for your loss, to get you back where you started before the accident/vandalism
Good info here. Pay attention!!

Adam
Old 04-10-03, 07:10 PM
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You must have a '93 for that offer? Anyhow, they can make money totaling the car. The can sell it at action or even sell it to a junk yard and at the same time the write it off as a loss which means a business tax deduction. The purpose of the insurance is to replace with an equal value vehicle. Some insurance companies are bogas bullshit con artists and you don't find out their fine print untill after it's too late.

Anyhow, a good company should offer you equal amount to what is currently available for sale. 21st century will use the recycler paper for a similar used car for sale. If they are worse they can offer you low blue book and then start deducting from there. If they are theives, they will also deduct the salvage value from you but receive the slvage value when they sell it. etc.

So a $9k loss is more then the low blue book of $11.5k (it's the new math). So if we repair it you benefit and we (isnurance) take a loss. Lets see, if we deduct the salvage value of $3k from $11.5k then that's less then $9k and we'll declare it a loss. Then we will get the salvage money twice by selling it after we deucting that from the insured party and write of $3k. Hey, we only lost $3k. Now if we get a kickback from the junk yard or sell it at auction instead ...$ $ $

Last edited by GoRacer; 04-10-03 at 07:20 PM.
Old 04-10-03, 07:54 PM
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I incurred MAJOR damage to my FC a few years ago. They (Allstate) wanted to total out the car and give $2400, but it was still driveable (they'd hit just in front of the drivers rear wheel and scraped/gouged all the way to the front of the door). I asked them a very specific question that they HAVE to answer: What is the maximum amount of money that you will pay out on this car to have it repaired. If the agent you are dealing with won't answer, get his manager. They said $3100. I went and got an estimate for $3098. I got it repaired, they paid, and I got to actually benefit from all the cash I'd paid them. Further note that you can have TWO estimates written up: one for the maximum that the insurance will pay out, and a second for all the rest to have it finished. This is NOT insurance fraud, just getting them to do their job. We pay them WAAAAYYYYY too much!

P.S. I just sold the car due to broken apex seal locked up engine for $500, and I EMPHATICALLY told the buyer what had happened, including giving him the receipt from the body shop.
Old 04-10-03, 08:25 PM
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Check what CA laws are regarding that. I don't know if they're all the same. Illinois law says that it has to be valued at a fair RETAIL price. That's where it can get tricky. My company used the NADA guide and wanted to sitck me with the middle of the road value. BS! Regardless of mileage which obviously really doesn't mean anything with these cars, they hold their value very well. How many times do you see an FD at a dealer going for $11K? Not very often. The company is also required to find a replacement of equal or greater value and the same or a higher trim level than the vehicle to be replaced. Again, this is just in IL. I don't know how it works in other states. Bust out some documentation that shows the value and demand of the car. I fought with my company for about 5 months. Don't worry about them rushing you to settle. Just tell them where to stick it if they try to stick you.
Old 04-10-03, 10:02 PM
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Yes, they will try to rush to settle because they will get brownie points if they save the company money and "**** you" in the process!

Here is how you get double penetrated (without lube) if you have a Touring:

Blue book on RX-7 is for a base model. How do I know? Because there is "NO" option for R2 nor Touring packages!!! This means Base with otions!

...Now taking that knowlege, I used SexxyRX7's (hubba hubba) car as my example: I did a "high" blue book. WHy high? because unlike the jackass agaent will tell you, in order to replace it you will have to pay "high" blue book not "low". Moreover, low blue book is for **** condition and/or wholsesale ONLY damnit! So her '94 was valued high retail for $14.6k as a "base" model (no options).

second part: Base model was sold new for $30k with no options. The touring model was sold new for over $40k (full options).

third part: what is the percent difference between $30 & $40k? about 25%, right?

fourth part: Touring should be $14, 560 + 25% ($3,640) = $18,200

fifthe part: the same way they deduct milage, they can add value for low milage, they didn't! Since a "quality" rebuilt ported engine is worth more, that should be added to the value!!!

$3,640 difference + $3,800 rebuild = $7440
Pay her or bend over for her attorney, damn theives!

Last edited by GoRacer; 04-10-03 at 10:05 PM.
Old 04-10-03, 10:14 PM
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LOL!! GoRacer, you're hired!!!

I know! I got screwed in the *** by a freakin' company that I pay! Ok, I'm going to stop here, because I promised myself that I would be a good girl!
Old 04-10-03, 10:24 PM
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insurance ....a necessary evil
Old 04-10-03, 10:40 PM
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Originally posted by sexxy7
LOL!! GoRacer, you're hired!!!

I know! I got screwed in the *** by a freakin' company that I pay! Ok, I'm going to stop here, because I promised myself that I would be a good girl!
Damn, I wanna be her insurance company! Those lucky bastards!!!
Old 04-10-03, 10:46 PM
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Uhm, I meant: I want to sue her insurance company! Those evil bastards!

Last edited by GoRacer; 04-10-03 at 10:49 PM.
Old 04-10-03, 10:56 PM
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anyone know california law on this?
they keep telling me that it is their legal right to total the car and keep it. they tell me that the only way for me to keep the car is that i drop the claim.
and i know, 11k wont get me jack SH*T if i were to buy another FD.

i don't really know my rights as an insured thats why i'm asking here. does anyone know about California law?

I guess i can present to them newspapers and such and see what they have to say.

ill keep researching and the fight goes on...
thanks everyone for hte suggestions and hte help.
keep them coming!!
Old 04-10-03, 11:03 PM
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They are drilling you with John Holms's tool!

When they they totaled my GSX-R 750, my attorney told me they "have" to offer me to back back the bike. Use the following words: My attorney has informed me that what you are doing is in "BAD FAITH" to my contractal agreement with you! Here is my attorneys phone number...

Now who's the pansy *** prison biach, huh?

Pay for an attorney consultation. He may not take the case but even a $100 for 15min could be worth a few though $ that you can increase their offer with his knowlege and his business card.

http://www.google.com/search?hl=en&i...e+legal+advice

Last edited by GoRacer; 04-10-03 at 11:32 PM.
Old 04-10-03, 11:38 PM
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What kind of insurance company do you have, they suck. I had state farm insurance with my fd when i was involved in a hit and run, i was hit and spun out and hit a pole, i thought i was able to safe it but it went bad real fast, the bastard drove away. It happened on Sunset Blvd, the turn that everyone dies at, i guess i can say that i'm the only one that ever walked away alive from that pole. Everyone always seem to hit that same dam pole. The insurance company paid me 18k for mines, it was a 93 black touring model. I thought i would get like 12k for it since that was blue book. Insurance companies dont go by blue book, at least state farm doesnt. They go by market value, they actually hire a company that does research on the car and they go bo how much a "typical" car actually sells for, my paper work said its from ADP Autosource Valuation. From their researched and calculated price they either add or subtract money depending on the condition of your car compared to the typical car. For instance they deducted 160 because my car had more miles than a average car should, i had 125k on it. I took out my deck and they dedcuted $25 for that. They also adjust for the condition of the interior, exterior and mechanical, i got $355 for good body, $715 for good paint and $590 for being well maintained, the car had new engine, turbo, harness, coils replaced at 90k, they didnt even ask for receipts. But they did not add anything for any of the aftermarket stuff, like my fluidyne radiator, pfc and commander, which i tried to recover but the car was hit right there. They even called the salvage yard that had the car and requested that they take out the pfc and ship it to me but they needed to bring out the jaws of life to get it out, so i didnt get it back. I was not able to buy it back because they said that it was in an unsafe condition and didnt want me to fix the car, but i just wanted to get all my parts back. But usually in a vandalisim or theft case you are usually not allowed to buy back the car because people use to scam their own cars, claim insurance then get paid for it and buy it back, put all the stuff back and sell the car. I think you are getting dicked hard. Do you have one of those out of state insurance companies? If its salvaged you would not want to buy it back it would be hard to resell.
Old 04-11-03, 02:11 AM
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I'm with Insurance Company of the West which is based out of San Diego. I'm not sure how they work or what they go by. My car had a new engine put in ~25k ago.
I'm not sure what I'm going to do yet, I have a few questions I want to ask my insurance.
There someone that said they would help me out so I will give them a call tomorrow and see how that goes.

They also told me that they dont compensate for any aftermarket parts. I still need to find out alot more about how and why they came their the decision they did. I think theres ALOT of work to be done still.

Thanks for all the help guys, your posts have given me hope.
LOVE LIFE THE REVOLUTION! err.. i mean THE FD!!
Yeah, something like that...

I'm going to fight this till the end!
Old 04-11-03, 04:37 AM
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Most companies will screw you for aftermarket parts but sometimes they get screwed instead. Yeh, payback. If you don't pay extra for your aftermarket stuff, they are only liable for stock. But that doesn't allways work in their favor.

My buddies car stereo was stolen. They said they would only replace with the factory unit. He said he wanted the same aftermarket one which was only $250. They said they didn't care what he wanted. They then sent him a check for $800.00 to replace the factory unit which was originaly sold with the car at time of invoice. Took the check, changed insurance companies, **** you very much!

Explorer-On my Honda, they didn't want to cover my Momo' rims. They said only the stock wheels they were on the sale invoice. Ok, those were magnesium alloy and cost more then the momo's! **** you very much! Although I did get reamed on the stereo, since I didn't use an attorney.

Farmers-On my motorcycle, no place repairs them so any estimates are for replacement parts. The dealers parts for a portion of the bike was more then the bike itself. A swingarm, a rim, a gas tank and body kit. They said I wasn't allowed to get a second estimate. It doesn't work that way with bikes. They offered to total the bike and stick me with a $2k balance. I called my attorney which called the stupid biach which batenly lied and told me I was screwed and nothing I could and so on. She then offered to fix the bike but give me a salvaged title. Not acceptable. Another call from my attorney. She then offered to pay the loan off in full and keep the bike. I gave her the bike and title but still felt screwed after mods, custom helmet and only a few though on the odometer. I asked for the bike back. She said the was impossible. Once I gave her the title i'm screwed, blah blah blah. My attorney reamed her *** with a cactus! My loan was paid in full and I was given the bike for free. I then sold later to a racer that didn't care or need the salvaged title. **** you very much.

Is there a customer service lesson to be learned here?
Anyhow, i've said here bore over and over. Do not shop for insurance using low rates, you use customer satifaction and pay a little more if you want them to pay you alot more in return (without headaches).
Old 04-11-03, 05:52 AM
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Originally posted by GoRacer
Most companies will screw you for aftermarket parts but sometimes they get screwed instead. Yeh, payback. If you don't pay extra for your aftermarket stuff, they are only liable for stock. But that doesn't allways work in their favor.

My buddies car stereo was stolen. They said they would only replace with the factory unit. He said he wanted the same aftermarket one which was only $250. They said they didn't care what he wanted. They then sent him a check for $800.00 to replace the factory unit which was originaly sold with the car at time of invoice. Took the check, changed insurance companies, **** you very much!

Explorer-On my Honda, they didn't want to cover my Momo' rims. They said only the stock wheels they were on the sale invoice. Ok, those were magnesium alloy and cost more then the momo's! **** you very much! Although I did get reamed on the stereo, since I didn't use an attorney.

Farmers-On my motorcycle, no place repairs them so any estimates are for replacement parts. The dealers parts for a portion of the bike was more then the bike itself. A swingarm, a rim, a gas tank and body kit. They said I wasn't allowed to get a second estimate. It doesn't work that way with bikes. They offered to total the bike and stick me with a $2k balance. I called my attorney which called the stupid biach which batenly lied and told me I was screwed and nothing I could and so on. She then offered to fix the bike but give me a salvaged title. Not acceptable. Another call from my attorney. She then offered to pay the loan off in full and keep the bike. I gave her the bike and title but still felt screwed after mods, custom helmet and only a few though on the odometer. I asked for the bike back. She said the was impossible. Once I gave her the title i'm screwed, blah blah blah. My attorney reamed her *** with a cactus! My loan was paid in full and I was given the bike for free. I then sold later to a racer that didn't care or need the salvaged title. **** you very much.

Is there a customer service lesson to be learned here?
Anyhow, i've said here bore over and over. Do not shop for insurance using low rates, you use customer satifaction and pay a little more if you want them to pay you alot more in return (without headaches).
Old 04-11-03, 08:16 AM
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I spent 25 years as an insurance agent; most of this is BS. Most of the time, the insurance company gets bids from a salvage yard. You can argue that your car was worth more than 'book'. Some companies will take that into account, but don't expect thousands more. Generally, the fact that you just put this or that new part on the car will get you nothing. They will let you buy it back, if you match the salvage bid. You will end up with a salvage title. Lastly, they are usually doing you a favor to total the car. You are usually better off to move on to another car. Note I said usually. I have NEVER seen an attoney get more for a car than the insured was going to get anyway.
Old 04-11-03, 10:06 AM
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your claim

Originally posted by rallimike
... You can argue that your car was worth more than 'book'. ... I have NEVER seen an attoney get more for a car than the insured was going to get anyway.
I went through this same situation - ins. co. tried to total my FD etc... but my attorney argued that the car was worth more than book, then backed it up with receipts for about $15k in mods (not counting repairs). The ins. co. then raised the value of the car and decided to fix it rather than total it.

You should check your contract to see how they state what it is they will pay out in the event of a loss, e.g. replacement value, estimated value, or whatever. My policy said "Actual Cash Value," and that ACV was eventually raised (by $8000+ over what they originally said was the ACV) by arguing with them.

Read your contract. As Mike said, you can probably argue this one yourself. Try writing to the adjuster and backing up what you say with documents. An attorney, while helpful, may end up costing you most of the difference he or she will get from the adjuster. While my lawyer usually charges $265 per hour, he did this job for free because he is such a good guy and a sports car addict.

Of course, if your FD is a piece of shizzle worth only $11.8k, take the money and go get another one.


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