Tony S

Member
Wife got rear ended. Other driver's fault. His insurance company totaled her car,
offered about 1/3 book value. I've searched Craigs and Auto trader nationwide, haven't
found a replacement less than 2 1/2 times what they said car was worth. All about
book. Nothing local at all. Seems like this is a pretty experienced bunch. Any
suggestions?
 
Been a while since dealing with such, but don't take their first offer.

Unless her car was high mileage, previously damaged, a salvage title, or something that would significantly lower the value, they are trying to low-ball you.

Don't fall for it.
 
Good advice. Years ago some guy pulled out in front of us and totaled out our new (only one year old) car. The insurance settlement for the car was fair but once the medical limit was reached (for a bad injury to my wife's hand requiring several surgeries) no one would pay for it. Health care wouldn't pay because it was from an accident. I was in the hole for 20gs. Was forced to sue to pay medical bills and cover a replacement car.
 
ask them if they could find you a replacement for that kind of money with the mileage close to the same and as nice as yours was before the wreck
 
Tony S,

Not sure of the name of it... but I am pretty sure there is some kind of state board that oversees insurance companies.

FIRST I would talk to insurance adjuster and tell him/her that their settlement offer is not acceptable...
Show the adjuster the book value printout for your wife's car.
Show them printouts of replacement cars that you have looked up online for your area.

THEN if they do not raise their coverage payment to an amount that is fair and acceptable to you... next I would call that state insurance oversight agency and talk to them to see what your options are.
 
(quoted from post at 00:41:45 02/18/19) Wife got rear ended. Other driver's fault. His insurance company totaled her car,
offered about 1/3 book value. I've searched Craigs and Auto trader nationwide, haven't
found a replacement less than 2 1/2 times what they said car was worth. All about
book. Nothing local at all. Seems like this is a pretty experienced bunch. Any
suggestions?

Curious, what insurance company is making this wonderful offer?
What is your insurance and how are they helping YOU (customer) out?
 
I had a similar experience before, and the guys insurance tried to low ball me. First thing, if you don't have the wrecked vehicle in your possession, and it's sitting at a tow yard, etc, pay the bill on the storage yourself, before it gets too high, and get it back in your physical possession.

Once you do that, there is absolutely nothing forcing you to take their offer, and they can't close the case until they reach a settlement.

When it happened to me, I had the truck towed back to my place, so no storage fees were accruing to take away from what they wanted to pay out. Too, I had a second vehicle, so I wasn't desperate to get another one right away. I wound up holding out for over a year, until they came to me begging to take an offer, and let them close the case out.

I told them that all they had to do was give me what it was going to take to replace what I had, as I had originally told them, and I'd be more than happy to settle. I also told them if they didn't, I'd be more than happy to call the insurance commission, or get a lawyer, and hit them for those fees as well. They finally realized I wasn't playing, and settled.

Good luck.
 
that happened to me---after trying to get the insurance company to up their offer but still not high enough, i sued the other driver in small claims court as the amount was under the courts threshold of $5K--amazingly they upped their offer to something reasonable
 
Insurance adjusters get a bonus for keeping claim payouts low. Talk to your insurance agent,they do get paid to help you and no it wont effect your rates. I was hit one time and the other guys insurance would not pay,I called my agent the three weeks later I had a check.
 
Some good advice here. I liked the idea of going after the other driver. Get your vehicle from the towing yard soon as possible. Some of the towing companies are crooks also. Stan
 
Do you have collision coverage with your insurance? Last time I went through this, the at fault insurance was being totally unreasonable. I filed with my carrier, had good money in less than a week, and they got my deductible from the other company too.
 
If you have insurance on your car, they should take care of you then they’ll go after the other company to recoup their money. Let them fight it out.

-Scott
 
Similar event happened to me. My company was Auto-Owners, shortly after I canceled all my policies. I am with Erie now, don't know if they are any good until I file a claim-----which is seldom.
 
Tony, what does YOUR insurance company have to say about all of this? Are they not your agent when you've been in an accident? Once again, it's nice to see the comments and suggestions here but there must be people in a better position to tell you how to proceed.
 
First get your car in your possession. Then contact a local attorney that know the laws in YOUR state. They vary widely. Then keep in mind the insurance adjuster for the other driver makes more money paying you less. So you will have to force the issue. How you do that is controlled by state law. Do not be afraid to sue the other driver ASAP. Even just filing the case will usually move the ball along.

Do NOT take their low offers.
 
Always use your insurance company. I made the mistake of using the other guys insurance company once. What a mistake. My insurance would have repaired the damage and then gone after the other insurance company. I wouldn't have paid a dime that way. I had to cough up hundreds of dollars. It will depend on your insurance company.

OTJ
 
Tony you also need to look at a thing called Diminished Value. It might not pertain to a totaled car but i do know it helps when there is a crash. How it works is your car is worth said amount before the crash. Now that the crash happen your car gets repaired everythings fine. But now your car has a Crash on the history report.(Not Good) If you try to sell it or trade it you want get the full Value of the car and it dont matter if just had a fender painted. That report follows the car forever. So the Diminished Value is the Value between what the cars actual Value before the crash and what you can get for it after repaired now with crash on history report. Say your cars worth 10000.00 ok now whats it worth with the crash history report say maybe 7000.00 you Diminished Value would be 3000.00
I used this when a guy Hits my brand new GMC Denali 3500 in the rear. The guy at the body shop told me about it and the guy to call. It cost me 99.00 to get 3000.00 in my pocket after his insurance paid to fix the truck. And i told a friend about it when she had a crash and it worked for her also. You can look someone up in your area that deals in that stuff its not a lawyer.
 
That's pretty bad, they usually give you 40%. I was in a wreck once that totaled my work 25 year old van and trailer and damaged my arm to the point where it's hard to work. After four years after having to hire a lawyer I got enough to replace the van. I needed an operation on my arm but there wasn't enough money for that. I still hurt every day ten days later. If I hadn't had to hire a lawyer and pay a doctor to pretend to be treating me for four years I might have broke even.
 
If you have collision coverage file it under your insurance, pay the deductible and let the insurance company?s fight it out. You will get your deductible back when they settle it.

You should expect clean retail out the nada book plus sales tax if they total it.
 
Why would someone want to do that and it wasn't there fault?? Just asking . Theirs no benefit to that. To me it gives the other insurance company to much room to say there not paying anything because you had the car fixed. Thats like fixing something yourself and then trying to file a warranty claim. I would be scared of that personally.
 
Check with your state Insurance Commissioner, or the equivalent office.

When our daughter was in college, a drunk driver totaled a car for her. She had witnesses that she had a full green light going through an intersection and a drunk coming the other way made a left turn into her.

He was already on a high risk insurance plan from a company in Indianapolis, IN. Daughter was driving a Buick Century with every available option, including a factory sun roof. The other guy's insurance company based their offer on the most plain Jane, stripped down model of Century for that year and only offered me half what the car was worth.

I figured the value of the car from 4 different price guides, averaged the four, added some for substitute transportation, and said that was what I wanted. I wrote a letter supporting my request and debunking the insurance company's offer. I then went to the Nebraska Insurance Commissioner's office and filed a complaint against the insurance company. Per Nebraska law, once a complaint is filed, the company has 15 days to respond.

I loved this. On the 13th day, the adjuster from the other company called me at work. He said they "had reason to review my claim" and just happened to up his offer to almost the exact dollar I asked for. We then worked out the details. He would forward me half the money immediately and the other half when I delivered the title to the car to his company.

In other words, the Nebraska Insurance Commission told his company, "Get real or you're history in Nebraska".

The best advice I can give you, having been an adjuster myself is be reasonable, but don't back down. You don't have to take the first offer they make. And don't hesitate to contact your state insurance commission to see what options you may have, like in my case above.
 
DONT JUST ACCEPT THEIR FIRST OFFER Well DUH The way it works is you serve them with a DEMAND to make you whole, they make an offer, you don't accept and counter, if they don't take your counter offer you start legal action which really gets their attention at which time you may settle out of court or else let the court arrive at the settlement. Juries tend to favor the common man versus big insurance company but its expensive to litigate and lawyers get money lol

Typically your insurance and theirs will settle it so you don't have to do anything at all

My advice is to at least consider the professional opinions of your insurance provider and competent trained professional local attorneys versus lay opinions but its your money and your choice NONE of ours

John T BSEE, JD Attorney at Law
 
Actually, I was in an incident myself yesterday. I was approaching an overpass over I-80 and a gal from Arizona came off the "off" ramp, stopped for the stop sign, and pulled out right into me. Her male passenger even told the Deputy who wrote it up that she wasn't paying attention. (On her cell phone, maybe?)

I was driving my Chrysler T&C and she was driving a VW Passat. It really didn't do much more than swap a bunch of paint between the two vehicles. She hit me right in the driver's side power side door. I can't see anything bent and the door still works. It might even buff out, but I still have to go through the motions.
 
1. Because that is why I have them as my insurance. So they will work for me. They have the lawyers and know how the game is played.

2. Do you really think your insurance company is going to pay the bill then just let it go when someone else is at fault.

3. By law at least in my state if my insurance recoups any money they have to give me my deductible back so I am out nothing.

4. If my insurance recoups any money from the other insurance it goes down as their fault so they can not charge me with a collision claim.
 
I worked in the auto collision repair industry for 40 yrs and dealt with all the ins co politics and coached many a customer about to be screwed by them. You are probably actually dealing with the appraisal / adjuster agency as apposed to the actual ins co. Most ins co. contract with these snakes to do the crap work for them. Get hold of your agent first and through them, the actual ins co. Your agent has the most power here, and ins co next in line. They will tell the adjuster where the bear $hit in the buckwheat, so to speak. Adjusters are nothing more than glorified used car dealers/crooks hired to save ins co money by low balling. Don't stop until you are satisfied. YOU STILL HAVE THE TITLE! DO NOT sign it off until satisfied.
 
I am assuming you have collision coverage or it's mute argument. In MI (no-fault0 if someone hits you and you don't have collision the most you get is $ 400...it's called mini-tort coverage. The fact that you are even dealing with them on values tells me you have collision coverage. They have to pay actual replacement value..not a "book value" that is comprised of an average of all ...junk and good ones throughout the country and what they sold for. Do as I said above. Your ins co will handle it for you.
 
First offer is always a lowball. Guy turned in front of my son in his classic pickup which totaled it. Guy's insurance offered him fair market value which was several thousand below what it was worth. He got an independent adjuster to adjust his truck and after 4 - 5 different increased offers he finally got them to pay what they should have. Don't settle and plan to play hard ball and eventually they will come up to a reasonable amount.
 
I may not have the spelling correct but John, I believe this is called "Subrogation". I am NOT a Legal Eagle but I think it means that Your Ins Company pays and then goes after either the person or the other drivers Ins Co to be made WHOLE. Dsmythe
 
I just bought a 2009 Honda Element. Seller showed me a "Carfaxx" report which included the cars reportable history of it's life and professional servicing....not stuff done by the owner in his garage type thing. Included was the fact that it had not been wrecked. Said it cost him a hundred bucks and to me it completed the sale at his asking price. Great vehicle. At 104k mi, still like new.
 
my wife had an accident last march. totally the other drivers fault. car was totaled. I had full coverage on my car. my insurance paid me for my car using the Kelly blue book which they all use. my insurance company will fight the other ins company to get there money back. very satisfied with my ins company on the car. you need to talk to your agent.
 
I use State Farm. I found out recently (from him in a involved discussion) that my SF Agent is actually a contracted "company" by SF to administer their product!

In that capacity, he is pretty much a one company "Independent Agent" and seems to me has a lot of flexibility in handling things (with SF) in your favor. He tells me that if I have ANY problems contact HIM. Let him do the leg work.....earn his premiums. Also it seemed to me that when I went to insure my newly purchased Honda, the premium was wayyyyy out of line with what my Silverado cost me per month. By the time we finished negotiating price, he was withing $4 of where I thought he ought to be. I will keep that in mine next time renewals come up.

Other thing is that if you pay attention to their commercials, they emphasize "contact your agent". This is why I have been with the same agent for 25 plus years rather that continuously shopping around for the best price and companies....which looks attractive but what's it really worth!
 
Not sure if you have collision on your policy. Not sure if were dealing with an older low value car. But I would tell them what you want value wise. Then if they reject it look at JOHN T'S ADVISE. Get a lawyer or file a court case.
 
A body man told me nearly 20 years ago simliar advice about insurance company adjusters. With one addative, the car they are quoting on for figuring out the price " they must and are required to take one to see that vehical. They will argue gray is blue BUT this information is in their books in stone, yet they don't like to admit it. Secondly "" if they in any way move your vehical from where it was orriginally placed after the colission"" THIS HAPPENTED TO ME they tried to give me "guff" , since I had asked for the person's name as well as their suppers name early on in the conversation, which they gave willingly, I simply stated ""SINCE YOU HAVE MOVED MY CAR WITH OUT MY KNOWLAGE OR CONCENT, I NOW HAVE BOTH YOUR NAME AND YOUR SUPPERVISERS NAME, ^^^^ NOW^^^ I CAN AND WILL CHARGE BOTH OF YOU AND THE COMOANY WITH GRAND AUTO THEFT"" ( Upper case and punctuation markes to highlight my words only) I wish you fellows could have heard the squeal of brakes from the other end of the line! Since the company reps new I had them the cooperation was astounding. They repkaced the car in full with an equal one ayear or two newer.
(At the time I lived in Kitchener Ontario Canada.)
 

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