Auto wreck - need advice part 2

[episodic]

Facts:

Was broadsided - car totaled.
100% not my fault.
I only had liability insurance.
Car was a 1999 Ford Taurus in excellent shape - and I would've trusted to take it anywhere.

His insurance company only wants to give us 1500 for it (if we dispose of the car). . . 1300 if they dispose of it.

I think I should at least get somewhere near the blue book value (3000). There is no way I can find a decent used car right now for $1500.

His insurance company is in Louisiana.
His insurance company is very passive and will only repeat the same thing over and over - useless arguing with them.

What can I do?

 

[bunker]

Hire a lawyer, which will cost more than the car's worth.

Soooo...... nothing.

 

[RGUN]

Find autotrader ads for cars in similar condition to show what they are currently worth. You should be made whole. 6 years ago when I was in an accident we just showed them autotrader ads and they upped their value.

 

[TuxDave]

Agreed, counter offer backed with some information. Insurance is always gonna try to low-ball you right away.

 

[Auggie]

How can they offer you less than what the car's worth? Isn't that illegal? Call a TV station or something, see if they'd get interested. There's no way an insurance company is going to want to be smeared publically for bullying the little guy. Or call a lawyer that has experience with insurance claims and tell him what's going on, ask him what your options are.

 

[MrWizzard]

Originally posted by: bunker
Hire a lawyer, which will cost more than the car's worth.

Soooo...... nothing.

Pretty much.

OP driving with liability only puts yourself at the mercy of the other parties insurance. Sorry

EDIT: You could try to show them proof of it's value find another car like yours for sale and show them a few values.

 

[FelixDeCat]

I think the ins co has the upper hand here. You are entitled to replacement value, not bb. $3000 seems kind of high to me. And you are sure you have no injuries? Its iffy to hire a lawyer on contingency w/o injuries. Most importantly have you made any *recorded* statements to the ins company? http://www.legallawhelp.com/choosing_lawyer/

If you want more than $1500 you will have to fight for it. And if you settle for that, take it. Its easy to have the car junked for nothing.

 

[episodic]

Can I just sue the driver in small claims court if I'm not happy with the insurance offer?

 

[episodic]

Originally posted by: FelixDeKat
I think the ins co has the upper hand here. You are entitled to replacement value, not bb. $3000 seems kind of high to me. And you are sure you have no injuries? Its iffy to hire a lawyer on contingency w/o injuries. Most importantly have you made any *recorded* statements to the ins company? http://www.legallawhelp.com/choosing_lawyer/

If you want more than $1500 you will have to fight for it. And if you settle for that, take it. Its easy to have the car junked for nothing.

I'm dumb - what do you mean 'recorded statements'. . .

I've called and griped each and every day for over a week before we finally got a rental car. . . so, I guess you could say I've been a constant pain.

 

[episodic]

Originally posted by: FelixDeKat
I think the ins co has the upper hand here. You are entitled to replacement value, not bb. $3000 seems kind of high to me. And you are sure you have no injuries? Its iffy to hire a lawyer on contingency w/o injuries. Most importantly have you made any *recorded* statements to the ins company? http://www.legallawhelp.com/choosing_lawyer/

If you want more than $1500 you will have to fight for it. And if you settle for that, take it. Its easy to have the car junked for nothing.

http://www.kbb.com/KBB/UsedCar...n=Good&QuizConditions=

For excellent condition 2600. . . I was a little off with the 3000. . . but that is still a grand more than they are offering.

 

[FelixDeCat]

Originally posted by: episodic
I'm dumb - what do you mean 'recorded statements'. . .

I've called and griped each and every day for over a week before we finally got a rental car. . . so, I guess you could say I've been a constant pain.

When you make a statement for the official record (something that can be used against you in court), they will usually tell you that they are recording the conversation and you will hear a beeping sound. By now Im pretty sure they've asked if you're injured.

The reason why I say its risky to get a lawyer is that the typical settlement (after several months of waiting) is about $5000 not including car repair / replacement. But you will need medical backup, like a doctor visit. Again, you are rollling the dice however. Some insurance companies wont settle at all, and after several months of using a rental, you might get stuck with some or all of the bill beyond the date the insurance company considers your claim paid.

Its up to you.

 

[Sluggo]

My Dad was broadsided in his 96 Cadillac, with 190 something thousand miles. The insurance offered him 1800, he told them to eat shit he wanted 4500.

After threatening small claims court to the driver, owner of the car (her parents) and the insurance, AND send them all certified letters of his intent to do so, the insurance wound up giving him 4000 for the car.

He was happy, he went and bought another old Cadillac.

 

[ProfJohn]

Don't let the insurance company take advantage of you or push you around. You are not at fault, they should be required to replace your car with something similar.

My Step-mom was rear-ended in her almost new cars years ago. Not only did she get them to fix the damage, but she got them to give her a check for a few grand due to the fact that the accident had reduced the resale value of her car.

She works in the insurance industry and has for years so she knew what she could demand so that helped. But I am pretty sure that they are obligated to replace the car or fix it.

 

[PurdueRy]

Almost no car is in excellent condition...use good. Even minor cosmetic defects will put it in the Good category.

 

[Baked]

It's a 10 year old american crapper, $1500 is generous.

 

[PCMarine]

Originally posted by: Baked
It's a 10 year old american crapper, $1500 is generous.

My 2000 Taurus with 122k miles was recently totaled by a Suburban. It was in pretty rough cosmetic shape, including side airbags that were deployed from a previous incident, but was mechanically in solid shape. Insurance gave me $3750 for it, based upon what used cars sold for in my area; $1500 is definitely low ball.

 

[KillerCharlie]

I had a 99 Taurus that I just got rid of... $1500 is very generous. It was very roomy and got good mileage though.

 

[CZroe]

Originally posted by: FelixDeKat
You are entitled to replacement value, not [kelley] b[lue ]b[ook value]....[/L]

Just what do you think the figure is meant to help you calculate? The value is not a "what it's worth to me!" estimation.

 

[Muadib]

Originally posted by: Sluggo
My Dad was broadsided in his 96 Cadillac, with 190 something thousand miles. The insurance offered him 1800, he told them to eat shit he wanted 4500.

After threatening small claims court to the driver, owner of the car (her parents) and the insurance, AND send them all certified letters of his intent to do so, the insurance wound up giving him 4000 for the car.

He was happy, he went and bought another old Cadillac.

My brother had to do the same. You must call their bluff OP.

 

[chuckywang]

Originally posted by: episodic
Facts:

Was broadsided - car totaled.
100% not my fault.
I only had liability insurance.
Car was a 1999 Ford Taurus in excellent shape - and I would've trusted to take it anywhere.

His insurance company only wants to give us 1500 for it (if we dispose of the car). . . 1300 if they dispose of it.

I think I should at least get somewhere near the blue book value (3000). There is no way I can find a decent used car right now for $1500.

His insurance company is in Louisiana.
His insurance company is very passive and will only repeat the same thing over and over - useless arguing with them.

What can I do?

What's your insurance company?

 

[waffleironhead]

I agree with the above poster about getting ads for comparable vehicles for sale. The insurance industry does not use KBB for the amount they offer you, except to look at the low end poor amount. If you have repair records you can offer them to show the vehicle was properly maintained, plus a list of what comparable vehicles are selling for in your local area, you might have a chance of getting a higher offer.

 

[jemcam]

Originally posted by: Baked
It's a 10 year old american crapper, $1500 is generous.

QFT

A car in excellent condition is a car that could be put on the front row of a car lot with little to no work. 90% of cars are in good condition, meaning it has normal wear & tear, dings, worn spots on the seats and carpets, etc. Excellent condition means it is like new. How many miles does your car have on it?

OTOH, you can always make a claim with your insurance company and let them subrogate against the other carrier. You'll have to pay your deductible, but you'll get it back when they subrogate.

 

[dud]

I got into an accident back in 2004 (not my fault) where my truck was totalled. It was a 1995 Nissan Hardbody in excellent shape and only had 70 K miles on it. I had paid $13K for it OTD in late '94 and was very happily surprised to find that the at-fault's insurance company settled (with a little negotiation) for about half of what I paid for it ... even though it was 10 years old.

Moral of the story ... next time buy a vehicle that retains it's value.


Recommend that you push their insurance company for the book value of the car. How you are able to enforce this is another matter.

 

[Vette73]

Well its hard to help you since your profile list "Province/State: Other"

File in your profile and maybe someone can help.