Insurance giving me a hard time....help!

[gsn0526]

I own a clean s14 with rb25det pretty much stock except for usual fmic and exhaust, mbc. Close to two weeks ago a drunk driver totaled my car while parked infront of my house. she tried to run but we caught her because of the fluid trail from her car. cops came and did the normal and she spent the night in jail.
Now her insurance came and took pictures of my car then offered me 3100. i politely told them to fuck off with that nonsense and that dollar amount is no where near acceptable. I since have looked up comparable s14's (clean with nice paint and body) and retail for all my parts( $14200) and labor cost from a shop that does that kind of workwill be added. Im going to present this to them and go from there.
My thoughts are that they would have to replace exactly what i had infont of my house. I would like to keep my car if possible.
Is there any similar situations you guys have run into and maybe give me some tips or previous results.

Thanks ahead.

[aymaeid]

Chances are, after much dispute, you will not collect anywhere near 10k. Unfortunately all of your aftermarket parts are not insured, and you can’t expect them to be. (Unless you pay for them to be) I disputed a claim with Geico (very similar situation), and after about 2 months of going back and forth I received half the value of my car. Since then I have learned that when I swap my car, I let my insurance company know that the motor in my car is worth $$ too, not just the car. Of course, your premiums will rise, but in these scenarios you’ll be covered.

Expect to do a lot of disputing for more money.

Also, if the car is not your daily, look into http://www.hagerty.com/ (http://www.hagerty.com/). You can give them the value of what your modded or custom vehicle is worth and they will insure just what you ask them too. Just keep in mind the vehicle being insured needs to be your second vehicle. It also has to be driven less than 10k miles a year.

[RedSiBaron]

the only way you would have gotten 14k out of the vehicle is if you were paying insurance for a declared value amount.

Even if you insured the car for the parts on it, it would only be for repairs in the case of a non totaled incident. Once about 75% (give or take based on insurance company) of the total value of the car is reached in repair cost, they will total it. So even if you had been paying for your insured parts, any damaged aftermarket parts would only make it reach that 75% quicker.

I learned all this the hard way when my 02 civic Si that had been fully type r converted got totaled out. luckily the total loss adjuster i worked with used to build hondas, and when i said "mugen" and "type r" he knew what i was talking about. so he gave me the maximum STOCK, perfect condition (because my car still looked new with 100k on it) total payout on it. which ended up being pretty good because it was only 3k less than I paid for it 65k miles and 6 years before. paid 1k and got the car back. boom.


depending on the mileage and condition of your car, the value the insurance company placed on a total loss might not be that far off.

IT SUCKS, but if you were just paying for full coverage, reality is that you were paying for insuring an agreed upon coverage on a stock vehicle.

MY ADVICE, would be to argue for the condition of the vehicle as being near perfect, and show them comparable condition STOCK CARS in YOUR AREA on dealer lots and in private hands, because if you dispute it they will do the same. also disputing it will also mean they will hire a mediator and you will have to as well, and in the end they will come to the same conclusion the insurance is and you will be out more money.

Get max stock value and buy the car back. either fix it or part it out or buy a shell and put your parts on it.

Also for the record, my civic was my daily, and i was already building my track s13 ;)

[gsn0526]

it isnt my insurance that im dealing with. I understand what your saying tho and i shouldve had the extra insurance to make this process easier.

The insurance mentioned "how do I know what you payed for the parts and how do i know what you had on the car?" my reply was that ill have a shop come and verify that the parts are there and that if i bought a lambo for a dollar and your client came and totalled the lambo there should never be the expectation that you would only owe me the dollar that i put into the lamborghini. so it doesnt really matter what I payed but what it will cost to replace the vehicle.

[fliprayzin240sx]

First, you shouldnt have dealt with her insurance directly. You should have dealt with yours. Think about it, the other drivers insurance is in it to give you the least amount of money possible. Your insurance dont have much to lose in giving you a better estimate than the other insurance. What you need to do first and foremost is look up every S14 FS ad you can find in NC, VA, SC and TN. The more you have, the better off you are. Now, show that to your insurance company and show them all of it. You are trying to show them the Market Value of these cars and basically showing them how much it would cost YOU to get a replacement. You wont get what you put into the car, but they should be able to give you more than $3100. Use the money they give you to buy the car back and transfer all your shit over to it. Sucks but it is what it is.

[mechanicalmoron]

You probably won't get what you want. They DON'T (at least, where I live) have to replace what you lost, just compensate you on the market value for the same car in similar condition - but not with unnecessary improvements that you paid for separately from the car.

But, go through your insurance, if you can.

Nevertheless, 3100 seems like a really bad lowball. Tell them to kick rocks while they get their shit strait.

[joshchewuhh]

Something like this happened to me. However I had just put my silvia front end on my coupe. Long story short this idiot kid cut me off and I hit him. Took a couple months of fighting back and forth with his insurance. I told them I had different front end parts that I got special from japan. They didn't believe me until I actually proved to them that my front end was completely different. I took it to one of there insurance adjusters where they take a look at whats messed up and he noticed that all the parts he had looked up to fix my car were completely different. Also under my hood there was a sticker that had Japanese writing on it so I showed the adjuster and got a good chunk of money for it.

It took a long time but you just have to prove to them that your parts are different than stock. Whatever you had on your car prior to it being hit and since it was clearly not your fault, you should be compensated for whatever you had. Regardless of it being stock or not. Eye for an eye. You may have to take legal action if their insurance are being hard to deal with. It got so bad in my case I talked to the head manager at his insurance company threatening to take legal action. It was such a horrible situation.

Bottom line since it wasn't your fault you should get compensated for everything that was damaged. Prove it to them, and take legal action if necessary. Also it does not matter if your car doesn't have the best insurance. All I had was liability but since it isn't your fault there is no reason to go through your insurance. Its the other insurances problem not yours. Best of luck man.

[gsn0526]

thanks again to all that answered. As it is for probably all that replied the car was something of sentimental value and meant a hell of alot to me. I fortunately have a lawyer in the family that has been able to give me some advice. I just dont see how if it isnt my fault why I should be expecting anything less than them buying me a clean shell with very nice paint because mine was recently painted and paying for the labor for parts to be removed from the old car and put on new car. Not to mention reimbursing me for my time and loss of work because I had no vehicle.

what could be their argument ........its not my fault....just because nissan didnt build this car and i paid for the parts in seperate doesnt justify me getting less of a car.
cant replace a cobra with a v6 mustang right? just because ford built it you would get a cobra or what its worth back.
nonsense in my opinion.

[Z28ricer]

You're already on the right track, and know what you're doing, the other people that have replied are either guessing, or were screwed over by an adjuster smarter than them.

As you already said, they are obligated to replace what you had, whether you had a bunch of modifications added to your own insurance for coverage matters not, as it was not your fault nor was it a theft, adding coverage for modifications to your own policy covers you for your own fault accident or theft.

What you need to research is market value, and dig up all of the recesipts you can, they'll try to use book value, but it doesn't matter that doesn't get you a replacement car, it counts for squat if book value is $3000, when you cant find a car in comparable condition for under $5000, ultimately the most important thing you can do here is to get or have another vehicle to drive so that you aren't in need of settlement money from them to get transportation, because it will be a fight to get the money out of them.

The other factor that's going to come into play is how much coverage the other drive had, if they've only got $10,000 in property coverage, and you've got a car cost of $5k, and $10k in receipts, unfortunately all you'll see is $10k.

[aymaeid]

The other factor that's going to come into play is how much coverage the other drive had, if they've only got $10,000 in property coverage, and you've got a car cost of $5k, and $10k in receipts, unfortunately all you'll see is $10k.

interesting. i was unaware there were caps to full coverage.
so what happens if my drunk ass crashes into a parked ferarri. Who pays its owner?
just curious is all. dont drink and drive

[ultimateirving]

interesting. i was unaware there were caps to full coverage.
so what happens if my drunk ass crashes into a parked ferarri. Who pays its owner?
just curious is all. dont drink and drive

Full coverage is only applicable if you are the one at fault. It will cover your vehicle from all types of loss unless excluded(intentional loss)
If you injure someone or their property, the policy in force has limits for that type of liability in north carolina the state miniumum is $25,000 for property damage.

If you have reciepts and proof of labor you can use that to your advantage to get more money. The point of insurance is to indemnify the lossee, or restore you to the point you were before the wreck.
Auto insurance claims do account for depreciation(unlike home/renters claims) so they will depreciate the value of the vehicle and parts. The more reciepts and proof you can provide the better.
-source = Licensed insurance agent


Also some additional advice if the claims adjuster you are working with is being rude or non responsive, ask to speak with their manager/supervisor and go above their head.

[Jtuned_andy]

It doesnt matter what you want, your going to lose on this. You'll fight with the other persons insurance company for months and still get what they want to give you. I just had a Civic Wagon totalled and I had given them all the F/S ads showing my car was worth at least 3-4k and receipts declaring the work I had done to it, I came away with $2100, less than I even bought the car for.

P.S I also work in a high end Euro collision shop, this is my profession.

[gsn0526]

thanks again....and Andy im sorry that it worked out that way. I just called the guy kind of over seeing everything to update him on what ill be sending him and mentioned that I had to go guy another vehicle and missed two days of work and he mentioned the days of work will be paid for without question. I do know they will depreciate the parts but i wont accept something ridiculous because all parts were put on from 8/ 09 and motor went in 5/10, all were brand new except diff and the rb25. how much depreciation should I expect? car has barely been driven since the swap. till this year it got driven maybe 10 miles a week. It was my daily driver for the majority of this year but maybe 100-130 miles a week now.

[ultimateirving]

Double post

[ultimateirving]

thanks again....and Andy im sorry that it worked out that way. I just called the guy kind of over seeing everything to update him on what ill be sending him and mentioned that I had to go guy another vehicle and missed two days of work and he mentioned the days of work will be paid for without question. I do know they will depreciate the parts but i wont accept something ridiculous because all parts were put on from 8/ 09 and motor went in 5/10, all were brand new except diff and the rb25. how much depreciation should I expect? car has barely been driven since the swap. till this year it got driven maybe 10 miles a week. It was my daily driver for the majority of this year but maybe 100-130 miles a week now.

Depreciation is based on age. So it's hard to say for sure but it's a few. % points per year. And a lot of insurance claims adjuster are paid on a commissions type scale so the less they pay out in claims the fatter their checks are

May I ask what company you are fighting with

[gsn0526]

its travelers insurance......I had no clue that they get paid like that. just seems to me that it would be cheaper to pay for my car correctly rather than pay a lawyer to go to court for them and possibly have to pay about the same amount anyway.

[Z28ricer]

It doesnt matter what you want, your going to lose on this. You'll fight with the other persons insurance company for months and still get what they want to give you. I just had a Civic Wagon totalled and I had given them all the F/S ads showing my car was worth at least 3-4k and receipts declaring the work I had done to it, I came away with $2100, less than I even bought the car for.

P.S I also work in a high end Euro collision shop, this is my profession.



You're one of those that fell under what I listed as having been screwed by an adjuster smarter than you.

Working in a collision shop means you repair damages, not get someone paid appropriately for damage caused by the insured.

Good job on getting less than what you've bought a car for.

I've personally had hands in sorting this crap out on a couple occasions.

The last being an X's 1992 Camaro, originally V6 base model, when it was totaled the car was about 4 different colors outside, got around $9K for that car.

Another one was similar, but had been painted a few weeks prior, and a lot less mods, iirc the total for that one was around $7000

[Z28ricer]

interesting. i was unaware there were caps to full coverage.
so what happens if my drunk ass crashes into a parked ferarri. Who pays its owner?
just curious is all. dont drink and drive


Your insurance co pays his ins co the maximum amount, then his insurance co, or the owner sues you, gets a judgement and suspends your license until you pay.

[Z28ricer]

Also make sure you ask to buy the car back after settling, they just sell the car to the auction houses, at a set price, they'll get the same 200,300,500$ no matter what the mods are, its assigned salvage value, so if they can sell it to you for $400, instead of $300 to the auction, it comes out for a win for them, and you.

[ultimateirving]

Also make sure you ask to buy the car back after settling, they just sell the car to the auction houses, at a set price, they'll get the same 200,300,500$ no matter what the mods are, its assigned salvage value, so if they can sell it to you for $400, instead of $300 to the auction, it comes out for a win for them, and you.

You have a right to the salvage so I would also ask to buy it back. My folks crv got totaled out for hail damage they bought it back for the salvage and bought another vehicle with the rest of the cash. So you should be able to come out on top if you do that too

[ghudson]

Lost my s13 a while back. Rb25 with gt35r topmount and all the goodies. Silvia front end, fully tubbed and painted bay, suspension all over it... she was smashed from the rear by a f150 and shoved the front end of the s13 under a Tahoe. Trailer hitch assembly of the Tahoe directly punched my intake cam gear and broke cam/stopped engine. $25,000 + in the car. They tried to give me $5,000 so I waited it out for a year and finally talked $7200 out of them.


http://i44.tinypic.com/10n7si8.jpg

[ghudson]

You have to fight/wait for more money. They want to sign off and your the only way they can do that. If you wait they will be willing to just pay you more to go ahead and get the case over with... And your still not going to get near enough to make it fair.

I love how somebody can pour all of their money, time, and hard work into a car and get screwed over by a dumbass, while there are other people like my buddy that make money by totaling their car THEMSELVES because insurance pays them retail for their car when their car wasn't worth that much. Really chaps my ass. :rolleyes:

[imotion s14]

you guys need to learn to work the system.. you might have a kink in your neck.. better go see the doctor as much as you can...

[fliprayzin240sx]

you guys need to learn to work the system.. you might have a kink in your neck.. better go see the doctor as much as you can...

Really? Would be hard to prove he got a kink in his neck when he was asleep in his bed. :smash:

[justindee88]

Z28 is right on. I work at an auto body shop as an estimator. Their insurance is responsible for making your vehicle the way it was prior to the damage. For instance if you have a spray in bed liner and your truck gets a bed side wiped out due to someone else's negligence then the insurance company at fault is responsible for paying for another one to be sprayed.

[gsn0526]

small update : I have put together a packet with comparable cars (clean nice 240s that were cared for with nice paint, no dings and dents.) all retail parts list and a quote for all labor. also going to be sending it with a cover letter explaining that they are to replace exactly what I had infront of my house all parts on list are verified to be on car by shop.

[gsn0526]

it would be hard to say I have a kink in my neck as i was in the house enjoying a nice crown and coke, i wasnt asleep we actually found the car and the driver ourselves after the hit and run. Followed a fluid trail strait to the ladies house.

[blkvrtswp]

IMO dealing with the other insurance company exclusively is much better. You have a contract and have signed away many rights to court activities with your own company. There is no such contract with the other company. If you don't like what they offer tell them you will sue to recover lost value.

Car is totalled but hopefully many aftermarket parts are undamaged. Make a list of damaged parts with links to online retail sales and insist they be replaced or threaten to sue the policy holder in small claims court. This usually gets the owner panicked so they call their company and freak out, triggering a much larger offer.

Source: Unfortunately, I dealt with this once personally in NY, partner had same thing (parked & totalled) in MA - in both cases were very satisfied with the settlements. We got around 80%+ of what we considered the fair value of the car + parts. These were S13's BTW.

BTW forget about recovering even one cent for labor. Not going to happen period, at least not in NY or MA.

[codyace]

Don't forget to use your insurance company as well, as they have their own staffed lawyers for situations like this. Good friend of mine had an old Ranger in pristine shape. Lady hit them, and they were only going to give him Scrap value as the truck was old and assumed shot. He used his insurance to fight for his compensation, and left getting close to 3000 dollars for 'replacement' of the same vehicle.

[350z03]

I read your first post and a few others, not all, so sorry if someone has said this.

I recently got into a accident and instead of his insurance cutting me a 10,000$ check for my car I called my insurance and they dealt with it, gave me 14k then went after his insurance for it. I haven't noticed any difference in my insurance rates so far either. Also if your not happy with either prices, I'm not sure how it works where you are but in florida I believe you can purchase the car for about 10% of what they claim the value is. Possibly parting it out and salvage most the things you can you can get some more money? But that's all depending what's damaged. Either way sorry to hear what happened insurance never works in anyone's favor :(

[imotion s14]

Really? Would be hard to prove he got a kink in his neck when he was asleep in his bed. :smash:

Yeah it would be if I was only referencing him exclusively. Which I wasn't hence "you guys" as in everyone who got Gyped in their settlement.

I'm not saying to abuse it but clearly they're more than willing to offer as little as possible. So fair compensation is in order.

This is the thing that terrifies me more than anything.

[gsn0526]

so its been a while, after the constant phone calls I made and the research and time (to show market value) I put into it the case has come to the end. I accepted $10000 and I get to keep the car. Its fair in my opinion.
For anyone who goes through this in the future, by not taking the first dollar amount offered basically shows them you arent in absolute need of replacement. Ideally that would be the situation you would like to be in. Make sure you express you have nothing but time and will wait it out. The ins companies have time frames they would like to settle within. My case was unique because it was a dui and hit and run. The drunk had to receive a letter to show to the judge ,stating that she/insurance had fixed or settled with the owners of any damaged property, without me agreeing with an offer she couldnt have that.
As far as the agreed dollar amount I expressed that i want to be put back in the same position i was before she hit my 240. That she damaged my property and it doesnt matter if i have the receipts or how old the parts are, parts are property, replacement or payment of agreed value should be given to me.