BIG insurance problem

[motegineon]

Some girl back into my car last month and did some small damage, approximately $1875 worth. Well of course insurance is claiming my car a total loss since blue book is only like $1800 on my car. Problem is if I want to keep it then I have to get a salvage title, which is what I am trying to avoid. I have about $20,000 into my car and showed her the receipts she demanded to see. So now that she seen them shes telling me the only ones that count are the modifications within the last 90 day!? WTF are u serious!....so shes like well you can try to do whatever you want to prove your cars value but theres no guarantee..so what do you guys recommend or has anyone fought this before? Im thinking of having my car appraised or something maybe? This is such bullshit, my car only has to be worth like $4000 for it to not be totaled and she is being a bitch about everything.. i just dont want my car to have a salvage title, especially when its because of a cracked fender and some chipped paint, not even frame damage..sorry for the rant but im highly perturbed right now, here is a pic for reference

http://i18.photobucket.com/albums/b124/motegineon/car2.jpg

[gregfarz78]

See if the girl who hit you will pay you straight up w/o going thru insurance? That will save her rates from going up maybe cut a deal with her $1000 cash

[UsJdmTUner]

i dont know what kind of laws you have in your state.. i live in NY and i have the same problem as you.. someone backed into my headlight and pushed it in.... unfortunately the insurance claimed it total loss and my car was only worth $2085 and its a 97 kouki....i have probably like 5k worth of stuff there but the good news is its not salvage... you shouldnt have salvage title.. Geico told me that it will have a total loss on carfax not salvage title... call the insurance and let them explain to you.. i just got all the letter in mail about the estimate... what im trying to do know is im trying to get more money for it cause the value of a 97 kouki is 7k average... good luck...

[abstrakt]

If its just a cracked fender and some chipped paint why not just say screw the insurance company and fix it yourself?

[illvialuver]

cracked bumper and chipped paint is 1800? isnt that a lil high?

[[email protected]]

If it is not insured for appraised value you are kind SOL from my understanding. My S14 and my IS300 are both insured for appraised value since blue book is WELL below what both are worth. Depending on where you go prices could vary but it cost me $150 to get it appraised.

You could also find for sale ads of vehicle with similar modifications and same condition prior to the accident to prove to them your car is worth more than $1800(did that on my S14 when drunk driver rear ended me).

Regards,
Robert

[Brian]

thats just how it works.

Insurance is there to MAKE MONEY.
they are not there to pay out as much money as they SHOULD.

And you know what.

IF you ended up with a salvage title, I really don't think it would be that big of a problem.

How many "normal" people are going to be in the market for fixed up 15 year old 240sxs

[projectRDM]

Why does it matter if it has a salvage title? If you're keeping the car it makes no difference to you, the driver. You can pocket the money they're offering, total it, and keep driving like nothing ever happened. The only drawback is if you tried to sell the car, but at that point you're not going to get what you want out of it anyway, so having a salvage title makes no difference again. Some states don't even require an inspection before transferring a salvage title, those that do would take 10 seconds to look at your car and clear it if the damage really isn't anything bad. The only other possible drawback is if you get hit again, but then most states also will still register cars with duplicate salvage titles, so you're still in the clear to keep it and drive it.
You may feel like you're fucked, but you are the one throwing money at nearly a 20 year old car. Insurance companies don't care what you think it's worth, nor what the market reflects. You can submit recent sale ads for cars similar to yours to bring the value up but you're still wasting time and only getting a small portion of what you want back. By totaling it you're golden and can walk away.

[Fries]

A bunch of kids want to buy fixed up 240's. The only problem with that is when mommy and daddy see the salvaged title before buying the car.

GL with the insurance bud!

[mmdb]

Get a lawyer. The insurance company will do everything they can to short change you. I was in your same position. The other party's insurance wanted my car deemed totaled because of the cost of fixing the car. Once I got a lawyer my car got fixed, a new paint job, and I get additional settlement. Now my title is still clear and I'm in better shape because of the chiropractor visits. Also, you don't have to pay anything out of pocket. As long as it's not your fault you're golden.

[imnotniko]

lets see some pics of the damage

[mmeedd26]

Dont settle with them. The girl hit you and she is liable to you. This is very different then you making a claim under your insurance policy. Under your insurance policy you pay premiums based on the blue book value of the car so the blue book value is the value of your car. You can purchase a stated value policy for your car but your premium will be higher.

This is different. She is liable to you and they need to put you back in the same situation you were in before the accident. This is called indemnification. If they refuse to accept the modifications to your car as proof that it has increased value, then dont settle with them and take them to small claims court.

Now, I am not saying the ther car is worth 50k because you have spent 50k on mods. However, your mods do increase the value.

My suggestion is to get an independent appraisal to determine the value of your car. Get two estimates of repair. Tell them you want it repaired and they need to put you back in the same position you were in prior to the accident (aka indemnify you.) If they refuse, then tell them you will just file a suit in small claims court or in the Justice of the Peace court. You will win as long as you can show the judge an independent value of your car and receipts of all modifications and independent estimates.

That 90 day stuff is not based on any law but likely the insurance companies policy.

Oh... I see your in Louisiana.. That where I am. This is a perfect case for Justice of the Peace. Do what I told you with the independent appraisal and estimate. Then got to your local Justice of the Peace office and tell them you want to file suit. They have jurisdiction upto 5k. and they are elected so they like voters better than insurance companies.

Justice of the Peace court is the way to go and you do not need and attorney for JP court.

[93DET]

I went through the same bullshit when i totalled my car out several years back. They wanted to give me 800 bucks for it when I had over 5k in it. What I did was I kept going up the chain until I found someone with power. I provided all of the receipts and didn't claim anything on the car that I did not keep a receipt for. Eventually I sent a lengthy and stern email through their customer feedback on their site (I had State Farm at the time), and a couple hours later some Vice President called me back saying that they would provide me the amount of the salvaged car plus all receipts minus depreciation. Ended up being damn near the total value of what I thought the car was (4600 or so).

That said, I would just keep jumping the ladder until you find someone that actually has some power. The whole 90 day period is simply bullshit. They started depreciating my items at 90 days, which is the same they should do for you. The problem I see with you is that you have WELL over the amount of money I had in my car, and therefore the fight is probably going to be exponentially harder in your case. Insurance companys (as we all know) hate to give up money.

As a lesson learned - when I started my next project car, I insured it through progressive on a flat monetary value. Meaning, if I total my car out, they are going to give me the full amount of the insured value (sitting at 10k right now I believe), and also are forced to depict accidents based on the monetary value and not the current bluebook value so that if a 2k body damage event were to happen they could not (and would not want to) total out the car. That way this issue will never have to be raised again. As a caveat, you WILL spend quite a bit more money insuring this way, but atleast its guaranteed to you.

[motegineon]

ok thank you for the suggestions so far, if i choose to try and work something out with the girl isnt it still gona be on her insurance since ive already contacted the insurance company? or is that only if they end up paying?

also no i dont plan on selling my car right now, but perhaps sometime in the future

mmeed26 - i may end up doing this, but how much is all of that going to cost me? I dont want to go through all this work and money and then end up with no progress..

[projectRDM]

ok thank you for the suggestions so far, if i choose to try and work something out with the girl isnt it still gona be on her insurance since ive already contacted the insurance company? or is that only if they end up paying?

also no i dont plan on selling my car right now, but perhaps sometime in the future

mmeed26 - i may end up doing this, but how much is all of that going to cost me? I dont want to go through all this work and money and then end up with no progress..

It's never filed until the claim is paid, she can call them back and say she doesn't want to file it and no one gets hit. You can choose to use them or not, it's the call of the policy holder.

[240esux]

just deal with it. try to get her to buy you some fenders and a bumper. DONE!
and who gives a shit if its gonna have a salvage title, its not like your gonna go trade that shit in at a dealership or anything. you gotta realize our cars are really not worth shit. and they are not gonna pay for our "aftermarket" parts.

[gregfarz78]

I don't see a salvage title on a car that old as a big deal, long as there is no frame damage and you can document that its not going to hurt the value of the car.

[mmeedd26]

I used to work as an insurance adjuster just FYI.


Filing a petition in Justice of the Peace Court is less than 100.00 and you do not need an attorney.


Just file the complaint and then deal with the insurance company. They will know your serious.

The most expensive part would be getting an independent appraisal on the value of your vehicle. you just have to call around to see the price of that.

Back when I worked for the insurance company, a old guy filed a suit against the insurance company in JP court and he did not have an attorney. Basically it was the same situation where the ins wanted to total his 1976 Van. He brought some receipts and argued that the value was X and he wanted his car repaired and not totaled. The Justice thought it was reasonable. (again, remember he is a voter and the insurance company isnt) and insurance company had to pay the guy enough to fix his car and rental.

Justice of the Peace court in Louisiana can only award upto 5K but it is a very valuable place to handle things like this because you dont need an attorney. Just call your local Justice of the Peace and ask them what do you have to do to file a petition/complaint in his court. The will be helpful.

Hope this helps.

let me know how it goes.

[mmeedd26]

Also correct. she doesnt have to go through here ins. She wont have a claim against her policy if the ins company doesnt pay you.

She only is charged a claim against the policy when the ins company pays out.

[motegineon]

I used to work as an insurance adjuster just FYI.


Filing a petition in Justice of the Peace Court is less than 100.00 and you do not need an attorney.


Just file the complaint and then deal with the insurance company. They will know your serious.

The most expensive part would be getting an independent appraisal on the value of your vehicle. you just have to call around to see the price of that.

Back when I worked for the insurance company, a old guy filed a suit against the insurance company in JP court and he did not have an attorney. Basically it was the same situation where the ins wanted to total his 1976 Van. He brought some receipts and argued that the value was X and he wanted his car repaired and not totaled. The Justice thought it was reasonable. (again, remember he is a voter and the insurance company isnt) and insurance company had to pay the guy enough to fix his car and rental.

Justice of the Peace court in Louisiana can only award upto 5K but it is a very valuable place to handle things like this because you dont need an attorney. Just call your local Justice of the Peace and ask them what do you have to do to file a petition/complaint in his court. The will be helpful.

Hope this helps.

let me know how it goes.

so you think telling the insurance company that im going to file a petition with the justice of peace court will help them work on the situation, and if they still dont want to work it out, then go ahead and take it to court then?

[derek_s13]

so you think telling the insurance company that im going to file a petition with the justice of peace court will help them work on the situation, and if they still dont want to work it out, then go ahead and take it to court then?

just "telling them" you're gonna file won't do shit.

file the bitch, and personally drop off the summons paperwork (unless it needs be notarized and officially served or whatever). then they'll KNOW you're serious.

[derek_s13]

Some states don't even require an inspection before transferring a salvage title, those that do would take 10 seconds to look at your car and clear it if the damage really isn't anything bad.

rdm, i wouldn't usually argue with you, because you're pretty much always right. but not this time.

i would absolutely absolutely not accept a salvage title for any modded car in massachusetts.
when a MA car has a salvage title, before it becomes eligible for state inspection (hard and expensive enough already for any 240. we're second strictest, right after cali) it has to be visually inspected by a mass. state trooper. THIS MEANS: no swapped motors. no aftermarket exhaust. no emissions removal. no window tint. no height alteration >2" no modified lighting. no visible rust. no bad ball joints. no visible damage in engine bay including firewall, strut towers, and radiator support.

basically, i have an easier time bribing my way through inspections every year than getting ONE inspection by a goddamn state trooper. it'd just never happen.

sooooooo, be careful before you let your car get a salvage title, even if you're expecting to keep the car. check your local laws, cuz in MA, modded vehicles get you raped.

[motegineon]

well inspection wouldnt be a big deal here, no emissions or anything, and my buddy has a shop that does inspection stickers..only thing i would get in trouble for would be exhaust perhaps, which is bc i dont have one of those.

anyways i wrote an email back and if this doesnt work im going to move up the chain and if they arent having it then court would be the next step...although now im not feeling that bad about having a salvage title now..

ill keep it updated, thanks for helping out..smiley face

[UsJdmTUner]

why does everyone think you are getting a salvage title? my car wasnt branded salvage title but total loss.. Most people who are shopping for a 16 years old car could care less about total loss..i have proof of my damage and geico had sent me all the paperworks that proves it and all the damage and estimate..I didnt settle for 2085$ so i had to call the supervisor adjuster and i guess he searched around for the value and i got extra $600 so thats $2685 cold cash for just having a broken passenger headlight and bracket...i agree whith mmesdd26 to file a small claims and such but first thing is contact your adjuster and tell him you are not happy and you can provide receipts and stuff...this could go forever but its up to you if you want to deal with the headache.. oh btw.. they gave me a rental car for about a week and a half also and they paid my bodyshop guy for about $550 for not doing anything...

[derek_s13]

why does everyone think you are getting a salvage title? my car wasnt branded salvage title but total loss.. Most people who are shopping for a 16 years old car could care less about total loss.

in some states, total loss = salvage title.

read post #22 to find out why some people wouldn't want their car (even if they're keeping it) to have a tarnished title

[projectRDM]

rdm, i wouldn't usually argue with you, because you're pretty much always right. but not this time.

i would absolutely absolutely not accept a salvage title for any modded car in massachusetts.
when a MA car has a salvage title, before it becomes eligible for state inspection (hard and expensive enough already for any 240. we're second strictest, right after cali) it has to be visually inspected by a mass. state trooper. THIS MEANS: no swapped motors. no aftermarket exhaust. no emissions removal. no window tint. no height alteration >2" no modified lighting. no visible rust. no bad ball joints. no visible damage in engine bay including firewall, strut towers, and radiator support.

basically, i have an easier time bribing my way through inspections every year than getting ONE inspection by a goddamn state trooper. it'd just never happen.

sooooooo, be careful before you let your car get a salvage title, even if you're expecting to keep the car. check your local laws, cuz in MA, modded vehicles get you raped.

Good point. As I said all states are different and in the case you make you're completely right. Here in GA the standards are far lower. I've seen cars put back on the road that were clearly a deathtrap because the inspection here involves basically a guy with a checklist making sure it has seats, wheels, and glass. Back in 1999 I installed a cellphone handsfree kit in an Explorer that had a new front clip and roof welded on, had four mismatched doors, and had the frame sectioned and welded back together in six places. I drove it a distance of maybe 30ft and nearly wrecked it because the steering wheel was fighting me so bad. There was no way a car like that should ever have been fixed or cleared.

[Fonix36]

good luck just tell the bitch to give you dome and call it even.
but keep us posted.

[motegineon]

UPDATE!

So I argued with the lady some more after her feeding me some bullshit about how my car cannot be compared to other similar 240's around unless they are within 100miles of my address.. so then I asked for her managers information..called the manager and left a message and she returned my call within the hour and told me they are sending me a check for the amount of the damages as well as 4 day compensation for a rental so I wont have to worry about a salvage title or anything like that.

yay so im celebrating with a blue moon right now!

thanks for all the support/information :)

[S_13_Sr.]

UPDATE!

So I argued with the lady some more after her feeding me some bullshit about how my car cannot be compared to other similar 240's around unless they are within 100miles of my address.. so then I asked for her managers information..called the manager and left a message and she returned my call within the hour and told me they are sending me a check for the amount of the damages as well as 4 day compensation for a rental so I wont have to worry about a salvage title or anything like that.

yay so im celebrating with a blue moon right now!

thanks for all the support/information :)

dope!!!!

good to hear some good news on this S**t


congrats