Another Totalled Fd - Need Legal Advice! Please He
04-10-2003, 05:27 PM
#1
Junior Member
Thread Starter
Join Date: Jan 2003
Posts: 23
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?
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?
04-10-2003, 05:37 PM
#2
Member
Join Date: Feb 2003
Location: Spandahlem AFB, Germany
Posts: 34
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
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
04-10-2003, 06:02 PM
#3
Senior Member
Join Date: Jan 2003
Location: union, new jersey
Posts: 8,079
dont claim it........ i have the same amount of damages in my car at the moment, and im paying on my own, cuz in the long run if i claim it i will pay well more than 7-8k to the insurance for the premium costs(then again im 21 and i live in jersey)
04-10-2003, 06:54 PM
#4
Senior Member
Join Date: Aug 2002
Location: Denver, CO
Posts: 4,985
When my S13 240SX was wrecked, the insurance company only wanted to give me half what i paid for it. I simply asked them if they could replace my car with one of a similar condition (paint, color, options, mods, etc). They declined, and I asked them if they can't, how do they think I can? That worked, i got to pull all the mods off my car, including the rims and stereo, and they gave me more money for what was left.
If worse comes to worse, you can always say (as a last resort) "I wonder if the _____ State Insurance Comissioner would think this is fair. Maybe I'll call him/her."
Insurance companies hate the insurance comissioner, and will rarely risk an audit for one measly claim.
EDIT: then again, the wreck wasn't my fault and I was dealing with the other guy's insurance company.
If worse comes to worse, you can always say (as a last resort) "I wonder if the _____ State Insurance Comissioner would think this is fair. Maybe I'll call him/her."
Insurance companies hate the insurance comissioner, and will rarely risk an audit for one measly claim.
EDIT: then again, the wreck wasn't my fault and I was dealing with the other guy's insurance company.
04-10-2003, 09:38 PM
#5
Senior Member
Join Date: Jan 2003
Location: New Paltz, Ny
Posts: 195
When I wrecked my Fd I ended up buying it back. Ask your company if you can buy it back. I am almost certain that you are given the choice. I bought mine back for $500 dollars and then turned around and sold it for 8k.
04-10-2003, 09:52 PM
#6
Senior Member
Join Date: Dec 2001
Location: Panama City Beach, Florida
Posts: 993
yeah do the buy back or just don't accept their offer, if you hassle them they will give you what they want, just threaten to get a lawyer and go to court. They wanted to give me 2k for my Turbo II, and i ended up getting 6k for it, just for sticking to my guns.
04-11-2003, 02:12 AM
#8
Member
Join Date: Mar 2003
Posts: 33
The ins co is only responsible for paying you the "Actual cash value" (ACV) for the vehicle when the cost to repair the vehicle subsequently is within a certain dollar amount to repair the vehicle.
In the case of recovered thefts and/or vandalism, the ins co will frequently just total the vehicle out and opt to retain the salvage. In cases such as this, the ins co will often opt to retain the salvage (the vehicle in question). Vandalisms when all of the panels are damaged, and certain components are removed (such as complete assemblies which can be replaced by aftermarket parts) are frequently declared total losses, without allowing the insured party to retain the salvage. The reason for this is that ins co's frequently see owners of vehicles, such as sport compact cars, vandalize thier own cars in an attempt to get the ins co to pay for their vehicle to be reconditioned and upgraded with aftermaket parts and a new paint job - all at the cost of the ins co- In effect, the ins co does this to discourage fraud....
I know this because I used to work for an ins co. Getting an atty does not make much difference. Ins co's deal with attorneys all day long. Ins co's are not intimidated by attorneys- it's just part of the business. Your insurance policy is actually a binding contract. Your ins co has every right, per the terms of the contract to retain salvage if they so wish. If they suspect you of fraud they are much more likely to retain the vehicle when offering you the ACV on the vehicle. They usually only offer you the opportunity to retain the salvage if the vehicle was totalled as the result of a collision. Bear in mind that not all ins co's go by this process. Every different ins co handles claims in a slightly different way.
Studies have shown in the past that a very high percentage of "Vandalism" claims made on older model sports cars (like damage on every panel, etc that requires an all over new paint job)are usually fraudulent - meaning the owner was the party that inflicted the damage....If the ins co can't prove fraud on you then they are typically going to try and prevent you from retaining the vehicle if they're forced to pay on it.
Good luck....just my .02 cents. Your ins co may handle things totally different. There are obviously many other factors taken into consideration when evaluting these claims. I'm just giving you a very brief insight into vandalism claims handling based o nthe minimal info that you've given us.
Regards,
GEB
In the case of recovered thefts and/or vandalism, the ins co will frequently just total the vehicle out and opt to retain the salvage. In cases such as this, the ins co will often opt to retain the salvage (the vehicle in question). Vandalisms when all of the panels are damaged, and certain components are removed (such as complete assemblies which can be replaced by aftermarket parts) are frequently declared total losses, without allowing the insured party to retain the salvage. The reason for this is that ins co's frequently see owners of vehicles, such as sport compact cars, vandalize thier own cars in an attempt to get the ins co to pay for their vehicle to be reconditioned and upgraded with aftermaket parts and a new paint job - all at the cost of the ins co- In effect, the ins co does this to discourage fraud....
I know this because I used to work for an ins co. Getting an atty does not make much difference. Ins co's deal with attorneys all day long. Ins co's are not intimidated by attorneys- it's just part of the business. Your insurance policy is actually a binding contract. Your ins co has every right, per the terms of the contract to retain salvage if they so wish. If they suspect you of fraud they are much more likely to retain the vehicle when offering you the ACV on the vehicle. They usually only offer you the opportunity to retain the salvage if the vehicle was totalled as the result of a collision. Bear in mind that not all ins co's go by this process. Every different ins co handles claims in a slightly different way.
Studies have shown in the past that a very high percentage of "Vandalism" claims made on older model sports cars (like damage on every panel, etc that requires an all over new paint job)are usually fraudulent - meaning the owner was the party that inflicted the damage....If the ins co can't prove fraud on you then they are typically going to try and prevent you from retaining the vehicle if they're forced to pay on it.
Good luck....just my .02 cents. Your ins co may handle things totally different. There are obviously many other factors taken into consideration when evaluting these claims. I'm just giving you a very brief insight into vandalism claims handling based o nthe minimal info that you've given us.
Regards,
GEB
04-11-2003, 11:54 AM
#10
Junior Member
Thread Starter
Join Date: Jan 2003
Posts: 23
I would love to be able to buy it back, but they're telling me that in vandalism and theft claims, they do not allow people to buy their cars back.
Thats why I'm in this situation!
This sucks, it really does :-(
Thats why I'm in this situation!
This sucks, it really does :-(