View Full Version : Minor accident leads to total loss
gilby7887
12-17-2009, 10:57 PM
Sooo my car got hit in the rear ( dont mind the decals )
the only damage was done to the tail light and what you see in the pic.
http://c2.ac-images.myspacecdn.com/images02/64/l_c77301e60f564270aedf870e1676a985.jpg
Car was declared a total loss, Can i repair the car my self or does it need to be repaired by a licensed body shop? When getting the car inspected for a salvage/rebuilt title whats checked? First wreck so all this is new to me.
I did get 1300 for that hit+ pain and suffering.
(before)
http://c4.ac-images.myspacecdn.com/images02/72/l_34fdedf0bcb64978940a332acfc1b807.jpg
SR240DET
12-17-2009, 11:00 PM
that is fixable as far as i know, sometimes if the cost to repair is more than the book value it will be considered a total loss.
gilby7887
12-17-2009, 11:05 PM
I understand all that, but after being repaired whats going to be checked? A check list is what i'm looking for. Do they check just the damaged area or the whole car, emissions, brakes, lights, horn ( that i dont have >,<), etc
Don't try to fix it yourself. Just have a reputable body shop do it right. Hate to see another two tone turn to shit.
They look over every aspect of the vehicle. Simply put.
gilby7887
12-17-2009, 11:12 PM
Don't try to fix it yourself. Just have a reputable body shop do it right. Hate to see another two tone turn to shit.
They look over every aspect of the vehicle. Simply put.
Well i fixed it before, car was shit when i got it, i painted the car my self, i'm body man by trade but for boats not cars i know i can fix it my self.
airhead
12-17-2009, 11:34 PM
i hate damage on corners like that but its fixable.
you need to remove the rear bumper and
all the trunk interior pieces get a small heavy hammer pound it out a bit
then grab some body hammers flat hammers with a dolly and bring out the metal back to shape
you might need a uni spotter to bring it out some.
wntrcoatblu240
12-18-2009, 12:22 AM
sorry to see/hear about your loss.. but i also got my car declared total loss recently.
yes you can get it repaired yourself. but you might need to bring it to the DMV after you get it fixed so they can issue you a salvage title to run on public roads. they'll have to check the headlights, signals, tail lights, check vin numbers etc.. make sure that everything works and looks safe again to be on pubic roads, and for that you have to bring it to a shop to have it verified and they'll issue you a certificate to bring to DMV also..
of course i'm speaking for California, cuz that's where i'm from, but i wouldn't think it would be much different in Georgia.
Sileighty_85
12-18-2009, 08:24 AM
Check with your insurance company to make sure they will insure a salvaged title car.
My S14 was declared a total loss even though the only damages were basically cosmetic front bumper& reinforcement, head lights and hood.
basically exceeded the 60-70% rule (or whatever percentage it is)
My insurance company (State Farm) would not insure a salvaged title PEROID!!
So i just found another better S14, i really wish i could have/had bought the car back and make it a missle car lol
blueshark123
12-18-2009, 08:34 AM
ur car wont pass emissions so they wont give u a new title i would of made them pay more for the car. Time for a new shell
g6civcx
12-18-2009, 09:06 AM
Car was declared a total loss
I assume you're in GA. Insurance payouts are based on tort. Tort law varies from state to state.
Background GA info: MVD | Salvage Vehicle (http://motor.etax.dor.ga.gov/motor/titles/needed/salvage.asp)
First, 99% of the general population does not understand what a "total loss" is.
For example, let's say you have a car worth $2000 on the books. Someone damages your car. Let's say they key all the body panels on your car, including the roof. Clearly the damage is purely cosmetic and the car drives perfectly, but the paint and refinishing cost for the whole car would cost $1,500.
The insurance company should pay you $1,500 to fix the damages, but instead they have this concept called the "total loss".
What they do is they'll pay you $2,000 for the whole car. Then they'll offer to sell the car back to you for $800. They only paid out $1,200 net so they saved $300 from the $1,500 for repairs.
If you don't buy the car, they'll auction the car. They should get around $700 for the car. They only paid out $1,300 net so they saved $200 from the $1,500 for repairs.
The only thing insurance companies care about is how much money they pay out. They don't care if your car is safe to drive or not.
A "total loss" is purely financial. There is nothing related to the safety of the car. This very different from how you normally think a total loss means.
You can have a very expensive car with extensive suspension damage. This car is not safe to drive ever again, but due to the high book value, low repair cost, and low salvage value, the insurer will just repair the car and put it back on the road.
You can have a low book value like an 240, get cosmetic damage like you have, and they'll declare a total loss.
The algorithm goes like this:
IF repair cost > (book value - salvage value) THEN declare total loss, pay book value, and sell car for salvage value
ELSE pay repair cost
Basically they'll pay the lesser of the (repair cost) or (book value - salvage value). Whatever saves them the most money they'll do. They don't care about you or your car.
If they do the total loss, you will get less money and your car will get a salvage title forever, even if your car is perfectly safe to drive.
You need a smart attorney to fight for you. They need to raise the book value on the car and get the insurance company to pay the actual repair cost to get you the most amount of the money that you actually deserve.
Can i repair the car my self or does it need to be repaired by a licensed body shop?
Make sure you get the money in your hand. Do not agree to let them fix the car for you in any way. They'll do a shady job.
It's your car. You can do whatever you want with it. You can keep the money and leave the car, or get it fixed the way you want.
Don't let the insurance company pressure you into going to their claims center for body work.
When getting the car inspected for a salvage/rebuilt title whats checked?
Nothing. If the insurance files for a total loss and you don't file them, the car automatically has a salvage title for life.
GA has laws on inspecting salvage cars for road use. Read the link I posted above.
The two has nothing to do with each other. The insurance company just wants to cut their loss and run. You'll be left holding the salvage title if you decide to keep the car. You're on your own at that point.
First wreck so all this is new to me.
I did get 1300 for that hit+ pain and suffering.
I hope you didn't settle without an attorney.
g6civcx
12-18-2009, 09:10 AM
If you want everything you deserve, read this post very carefully and get an attorney: http://zilvia.net/f/off-topic-chat/284394-total-loss.html#post3081987
There is a lot of dumb people online and everywhere else.
93nismo
12-18-2009, 09:35 AM
i dident read the posts above, but heres what ive got to say about fixing that area on that car. i just fixed a black coupe in school with almost the exact same damage. it was a pain in the ass. took me forever. but i got it lookin right again. all i can say is, alot of hammering, your gunna need a stud gun, and a good amout of filler depending on hoe you did with the hammer/stud gun. itl be a bitch, but you can fix it. ive dont it and im 18 and ive only been in school for half a year. just please make sure you dont just fill it with a shit ton of filler.
gotta240
12-18-2009, 10:26 AM
Please sticky this fucking post. Great post!!!!
i assume you're in ga. Insurance payouts are based on tort. Tort law varies from state to state.
Background ga info: mvd | salvage vehicle (http://motor.etax.dor.ga.gov/motor/titles/needed/salvage.asp)
first, 99% of the general population does not understand what a "total loss" is.
For example, let's say you have a car worth $2000 on the books. Someone damages your car. Let's say they key all the body panels on your car, including the roof. Clearly the damage is purely cosmetic and the car drives perfectly, but the paint and refinishing cost for the whole car would cost $1,500.
The insurance company should pay you $1,500 to fix the damages, but instead they have this concept called the "total loss".
What they do is they'll pay you $2,000 for the whole car. Then they'll offer to sell the car back to you for $800. They only paid out $1,200 net so they saved $300 from the $1,500 for repairs.
If you don't buy the car, they'll auction the car. They should get around $700 for the car. They only paid out $1,300 net so they saved $200 from the $1,500 for repairs.
The only thing insurance companies care about is how much money they pay out. They don't care if your car is safe to drive or not.
A "total loss" is purely financial. There is nothing related to the safety of the car. This very different from how you normally think a total loss means.
You can have a very expensive car with extensive suspension damage. This car is not safe to drive ever again, but due to the high book value, low repair cost, and low salvage value, the insurer will just repair the car and put it back on the road.
You can have a low book value like an 240, get cosmetic damage like you have, and they'll declare a total loss.
The algorithm goes like this:
If repair cost > (book value - salvage value) then declare total loss, pay book value, and sell car for salvage value
else pay repair cost
basically they'll pay the lesser of the (repair cost) or (book value - salvage value). Whatever saves them the most money they'll do. They don't care about you or your car.
If they do the total loss, you will get less money and your car will get a salvage title forever, even if your car is perfectly safe to drive.
You need a smart attorney to fight for you. They need to raise the book value on the car and get the insurance company to pay the actual repair cost to get you the most amount of the money that you actually deserve.
Make sure you get the money in your hand. Do not agree to let them fix the car for you in any way. They'll do a shady job.
It's your car. You can do whatever you want with it. You can keep the money and leave the car, or get it fixed the way you want.
Don't let the insurance company pressure you into going to their claims center for body work.
Nothing. If the insurance files for a total loss and you don't file them, the car automatically has a salvage title for life.
Ga has laws on inspecting salvage cars for road use. Read the link i posted above.
The two has nothing to do with each other. The insurance company just wants to cut their loss and run. You'll be left holding the salvage title if you decide to keep the car. You're on your own at that point.
I hope you didn't settle without an attorney.
gilby7887
12-18-2009, 03:45 PM
I have an attorney :) I settled on the pay out for the car cause well i have left over paint from when it was painted about this time last year also free materials. soo thats going to be pocket money, filling out all doc for the pain and suffering and medical bills.
Walperstyle
12-18-2009, 04:00 PM
My 1st 240 (i'm on my 4th) was the only 240 I crashed, and it was the same kind of hit. It was a write-off. What kind of gap do you have between fenders and doors. I shifted my whole rear end of the car about 1/4 inch.
whiterps13
12-18-2009, 04:46 PM
Just because the car was declared a total loss DOES NOT mean it will be titled as a salvaged car. Insurance companies use the term toal loss as a blanket for when the cost of the repair exceeds a certain percentage of the value of the car. In Illinois my car was considered a total loss and does not have a salvage or rebuilt title.
projectRDM
12-18-2009, 05:12 PM
I've bought so many salvage 240s over the years in GA I know these laws well.
Buy it back. Like mentioned above, if they give you $2000, you have the option to buy it back less the cost of the title, which shouldn't be more than $600. So, you keep the car and pocket $1400. Now it's issued a salvage title but it is still your car, you have the right to do anything you want with it. You can keep driving it, fix it, or part it out. The only stipulation is that you cannot sell it, that is transfer the title to another owner who will drive it, unless it is inspected and titled as rebuilt. You the owner can drive it until it rusts away if you want. If you fix it, it's your call what to fix and who fixes it. They don't care once the claim is paid.
This is how I bought numerous cars when friends wrecked them, by just paying the title fee. They get the remaining money in their pocket, give me the car, and the title gets thrown away. If you never apply for a tag again, they assume it's parted and long gone. If the owner wanted to though, they just reapply for a tag and keep the car, continuing to drive it.
I've done this with tons of cars and I've got friends who are driving salvage and even duplicate salvage title cars to this day. The insurance company just wants to make sure it's filed properly, they don't care what happens to the car.
g6civcx
12-18-2009, 05:21 PM
Just because the car was declared a total loss DOES NOT mean it will be titled as a salvaged car
Correct. Law varies from state to state.
Insurance companies use the term toal loss as a blanket for when the cost of the repair exceeds a certain percentage of the value of the car
That's one way to determine a total loss. The other technique to determine a total loss involves the salvage value. If the car has high salvage value, they'll total the car if it has a scratch.
In Illinois my car was considered a total loss...
You may not want to broadcast this fact on the Internet. People have been caught for crimes by posting on the Internet.
Not saying you're doing illegal things. Just keep your personal situation off so you don't get in trouble.
slwrthnu
12-19-2009, 10:56 AM
i guess new york is good for this, if your car is declared total and you buy it back from insurance, you have a clean title still. i have done this twice. and neither time did it cost me more then 100 bucks to buy my car back.
gilby7887
12-19-2009, 01:58 PM
I'm keeping the car that was one of my options soo that's already decided.
as for the salvage inspection, i'm worried about a couple things.
*Horn don't work, i have a Nardi wheel.
*I have the side markers shaved off.
*The automatic seat belt just went out on me on the drivers side.
roboticnissan
12-19-2009, 02:33 PM
)
My insurance company (State Farm) would not insure a salvaged title PEROID!!
l
i have a salvaged accord with state farm insurance
two40silvia
12-19-2009, 02:39 PM
i got in a fender bender in my 94 supra. they came and inspected it and determined it a total loss. i fought with the insurance company for about a month because they were only offering me 8,500 if i kept it and 14,500 if they took it. which is ridiculous because it was a twin turbo, 6 speed, targa top which blue booked at about 19,000. i talked to the insurance commissioner in washington and he said basically the insurance company can offer me whatever they want. i ended up settling for the 8.5 and had it fixed, which was a bad idea but thats a different story, and my dad went down to the dmv and while it was still in the shop they gave him a rebuilt title. i was never issued a salvaged title. and there was no inspection whatsoever. maybe it was just a fluke but thats my story.
skins2180
12-19-2009, 02:52 PM
I took my car in to the dealership cause the automatic seatbelts werent working properly and they fixed them for free. It was a 91 240sx
whiterps13
12-19-2009, 03:14 PM
Correct. Law varies from state to state.
That's one way to determine a total loss. The other technique to determine a total loss involves the salvage value. If the car has high salvage value, they'll total the car if it has a scratch.
You may not want to broadcast this fact on the Internet. People have been caught for crimes by posting on the Internet.
Not saying you're doing illegal things. Just keep your personal situation off so you don't get in trouble.
Honestly I dont mind saying that, I did nothing wrong in the situation and the total loss has nothing to do with anything. Fuck, I'll even broadcast the fact that I took the money and bought new coilovers, a Nardi wheel ,and other things.
second_chanceS14
12-19-2009, 08:24 PM
One thing I notice a lot of people do is take their car to the insurance's recomended shop. As soon as they see the year of the car and any small dings when the estimator come out they will tell u ur car is gonna be a total loss. So if u already made the mistake of taking it to the insurance body shop and u got that call telling u ur car is gonna be totaled because it costs "x" amount to fix it , all is not lost yet, u can always say u want to take ur car to another shop of ur choice, it's ur right. Go home and do ur homework, look at ur cars kbb value, look for prices of ur car in ur area and then ask a body shop u want ur car fixed but u want the repairs to be under "x" amount, remember to deduct an extra 500 so u know ur car will not be totalled, call the insurance and tell them where ur car is and have them send an estimator to the body shop where u took ur car. The body shop guy will hustle the insurance estimator for as much as he can without getting ur car totalled. That's what I did, they were gonna total my 14 but I went home and did my homework and found a shop willing to hook me up. I got my car fixed and a paint job and I'm still clean title. So just as the insurance schemes to make money off our misfortunes, we can scheme to get what is fair. I hope u guys share this info with all ur friends and family, if someone would have told me this I wouldn't have gone through many headaches. For the OP, ur a bodyman, in ur case u should have just hustled the other person for money to cover materials, sure ur taking a bit of a loss because ur not getting paid for ur labor but atleast u know ur car is still clean title and repairs are gonna be done right since ur doing them urself.
projectRDM
12-20-2009, 07:31 AM
I'm keeping the car that was one of my options soo that's already decided.
as for the salvage inspection, i'm worried about a couple things.
*Horn don't work, i have a Nardi wheel.
*I have the side markers shaved off.
*The automatic seat belt just went out on me on the drivers side.
Doesn't matter. You don't have to get it inspected unless you plan on getting a rebuilt title, and that's only required if you're selling it. You're keeping the car so there's nothing more you need to do. Just keep driving it any way you like, fix what you want.
gilby7887
12-20-2009, 10:49 AM
Really? They wont give me my 1300 until i fill out this forum http://motor.etax.dor.ga.gov/forms/pdf/motor/MV_Insurance_Settlement_Notice_Form_T56.pdf
Doesn't matter. You don't have to get it inspected unless you plan on getting a rebuilt title, and that's only required if you're selling it. You're keeping the car so there's nothing more you need to do. Just keep driving it any way you like, fix what you want.
projectRDM
12-21-2009, 09:49 AM
Really? They wont give me my 1300 until i fill out this forum http://motor.etax.dor.ga.gov/forms/pdf/motor/MV_Insurance_Settlement_Notice_Form_T56.pdf
I've never had to fill one of those out, no one I buy from has either. They may have updated the law recently.
kalypso123
12-23-2009, 09:09 PM
im sure people have said this, and i wont stop to read.
KEEP THE CAR REPAIR IT, DONT ACCEPT CLAIM MONEY!
as long as you dont accept the dough, that should keep your title clear.
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