Let the games begin...

[Mark B]

Hey everyone,

Im pretty p!$$ed right now, so bear with me.

I totaled my daily driver about a week ago. It was the other persons fault. I just got a phone call from her insurance company stating that my car has been declared a total loss. (No surprise there) Now this is a national insurance company. One that I thought was probably one of the best around. They made me an offer of $545 for my car!!! I almost dropped the phone. NADA puts the average value at $1725. Now my car may have been a bit below average... But not $545 below. I told them that I was unwilling to accept that amount and if we cant agree to a more accurate value, I will be calling my lawyer. They should be ashamed. It was there customer that caused the accident & they are going to try to screw me? I dont think so.

When i asked the adjuster why it was so low, she started naming things that were broken on the car... Most of the items she mentioned happened during the accident! I tried to explain that to her, but she was unwiling to move with the number.

Anyone have any tips on how to get a reaonable amount out of them? I would rather not have to get lawyers involved... But it looks like it may come to that. Im thinking if I stick to my guns they will for up another $7-800 or so just to keep the lawyers out of it.

[Performin Norman]

I wouldn't call the snake, uhhh I mean lawyer first, I'd call the insurance commisioner. Sounds like you got low balled. That is not acceptable. I was going to list the page for your particular state but I'll just post up the one for all states so anyone else can save it if needed.

http://www.acrsnetwork.com/acrs/New_...oner_list.html

[Steel2686]

This is exactly what happened to my buddy and his old Integra. He was hit by another driver, and his car was a total loss. The book on his car was $5,000 at the time. The woman's insurance company offered him $2,500.

He told them no deal, but they weren't going to waiver. He called back a couple days later and told them it would be in their best interest to settle for book value because some "neck injuries" seem to be popping up now.

They gave him $6,000 to walk.

[Performin Norman]

This is insurance, this should NOT be bartering. This kind of stuff really pisses me off.

[fastTa]

This is exactly what happened to my buddy and his old Integra. He was hit by another driver, and his car was a total loss. The book on his car was $5,000 at the time. The woman's insurance company offered him $2,500.

He told them no deal, but they weren't going to waiver. He called back a couple days later and told them it would be in their best interest to settle for book value because some "neck injuries" seem to be popping up now.

They gave him $6,000 to walk.

Clever use of leverage.

It seems most of the insurance companies these days have become professional penny pinchers.

Good link Norm.

BTW I am diggin' the new Norm.....the "speaking your mind" Norm!

[Dave Vince]

Insurance

You do not have to accept anything the insurance company offers. They will try to give you a dollar for your car if they thought they could get away with it. Just hold out for more.

[Kevin - Blown 95 TA]

If you want, you can get a couple estimates for repair and just take the person who hit you to small claims court with no lawyers, or a real court with lawyers. If she got a ticket, that's pretty much it. She gets a summons to appear, she's the one who will have to mess with HER insurance company to get HER money back. You don't have any obligation to talk to her insurance co. at all if you don't want to. Just bypass them and sue her. Bada Bing - Bada Boom. Takes a little time & effort - that's the trade-off. If you feel you want legal advice, you can pay for 1/2 hour consult and they'll tell you exactly how to proceed & win. Lotsa ways to go, other than them just writing you a check for what they want to pay you.

[Steel2686]

If you want, you can get a couple estimates for repair and just take the person who hit you to small claims court with no lawyers, or a real court with lawyers. If she got a ticket, that's pretty much it. She gets a summons to appear, she's the one who will have to mess with HER insurance company to get HER money back. You don't have any obligation to talk to her insurance co. at all if you don't want to. Just bypass them and sue her. Bada Bing - Bada Boom. Takes a little time & effort - that's the trade-off. If you feel you want legal advice, you can pay for 1/2 hour consult and they'll tell you exactly how to proceed & win. Lotsa ways to go, other than them just writing you a check for what they want to pay you.

Good advice. That's another route you can certainly go. Insurance companies will try to bully you. That's plan A. You can make them go to plan B (pay you what it's worth) with a threat of legal action. Shouldn't be that way, but unfortunately, it is...

[FroSSty]

First off, let me tell you that I work in a body shop...I deal with the customers and these insurance companies every day. Unfortunately I see this exact scenario played over and over again. The best plan to get what you want from them(that I have seen thus far) is to first, go online and search autotrader, ebay, etc. for cars that are similar to yours in year, condition and mileage. Try to find the higher priced ones if possible(this will give you breathing room) Print these out and show her insurance company how much it will cost you to REPLACE the car. If you play your cards right and do the research, you will probably make out quite well. O btw, NEVER accept there first offer.

Now its story time... About four years ago my dad and his girlfriend(now his wife ) were on the way back from Detroit when *Whamo* they hit a deer...It turns out she was "suckered" into putting full coverage on her Ford TEMPO!!! And of course it was totaled. Her insurance company came out and wrote a complete estimate and total loss report and then told her they could only give her $400 for the car....She was paying twice that per year for the insurance. Sooooo, my dad used the above "plan" and a little persuasive debating until they finally upped the offer to, (drum roll please) $4000 AND they kept the car.

Good luck...

[DeWynter]

I got rearended about 4 years ago in my mint 86 firebird. It had new paint and a bunch of other stuff that I put on file with the Insureance company as soon as it went into/onto the car. It took me about a year, but I got $2500.00 and the car. Which to this day I still use for parts.

[furyus65]

I work for the Oklahoma Insurance Commission in the claims area and see this all the time. make a counter offer about 500.00 more than you would actually settle for, they will most likely come back with a lower number but usually around $500.00 or less so you get what you want and they get the claim settled.

If they stand firm on their decision get a few quotes from auto dealers and local or national guidebooks, submit it to your Insurance Commission and see if they can get it taken care of. Sometimes we can budge them sometimes we can't. If we can't then it is time for your lawyer to be involved. Lawyers should be last step because they cost you the most. Ins Comm assistance is free and since Ins comm. regulate the companies, they can receive fines and license revocations if they are violating state laws. Noone likes regulatory person looking over their shoulder especially insurance companies. They make too many complaints, the market conduct guys come in and set up shop for about 2 or 3 months and the comapny has to pay the state to have their books reviewed. Not including any fines that they may levy from searching the company records.

basically be fair with them though and they usually will be fair with you. If not you have options and donot have to settle unless you agree to the terms of the settlement.

As for suing the driver directly, you have to do it that way, but the company will defend her in court so you will most likely not be man y mano in the court room. Insurance is used to defend an insured first and pay any claims that the insurance company feels you are responsible for.

Jason