Insurance co. calling car "totaled"--what to do???

Mutti · #1 08/04/06, 10:45 AM

Know many of you have been thru this...anyhow, a township road grader backed into my car and the insurance co. wants to call it totalled. Our body shop says it really isn't as most of the work is to front end,motor,etc. and could be done for about what they want to settle with...but hangup is that money would go to pay car off if we took a settlement. Or I could buy my own car back for $700...excuse me? and take some lesser settlement. This car is/was in excellent shape, body wise and mechanically....basically just the high high price of car repairs. He will let us make payments for any balance if necessary and we know his work is done right and would feel safe if he fixed the vehicle. Do any of you know any tricks to get them to pay for repairs...of course, adjuster hassling us to settle now. Have a rental car for 30 days thru them so not carless and I'm not inclined to get screwed. Have an appt. with lawyer next week about the accident --won't go into that scenario but this is the boonies where you can call yourself a grader operator if you can see to climb in the cab. DEE

suburbanite · #2 08/04/06, 10:57 AM

Mutti,

You need to decide how much is fair value for the car being totalled. You also need to talk to the township about paying you for the damage done to your car and the cost of replacing it.

You are probably better off buying a replacement car than fixing the one that got smashed, which will probably have problem after problem from now on if you fix it. If you buy a used car just be sure that it isn't from anyplace that flooded, like Louisiana or more recently parts of New York and New Jersey.

Figure out how much you want from the insurance company and tell them if they want to settle now that is what they'd have to pay. But talk to the city first because this is their fault and they should pay you for the damages. You might be able to get your car repaired or replaced by the city without having to resort to court.

dcross · #3 08/04/06, 11:03 AM

Basically, the insurance company wants to buy the car for the settlement amount. Or you can take the settlement and then buy the car back for $700.

If there's engine damage, I wouldn't bother.

trixiwick · #4 08/04/06, 11:27 AM

Dee, just a tip in case you do wind up deciding to accept the "totalled" decision - I just went through this last year. Research the fair market value for your car, taking into account its age, mileage and condition, and do some searching on the web about what it would cost you to replace it with a comparable vehicle. My insurance company gave me a real lowball offer, and I did a bunch of research and then faxed them info about how much it would cost me, in reality, to replace the car in my area. Got them to up the amount a LOT.

Hope it all works out for you. Isn't any fun, huh?

fantasymaker · #5 08/04/06, 11:32 AM

Since its the other guys insurance that should pay for it you should be able to tell them you want your car fixed they arejust playingwith the money to get it to the lowest possable expence for them
But since thier guy did the damage why deal with their crap a simple you pay the rental till you return my fixed car to me in my driveway with full repair warrenty seems fair to me.
Now if its your insurance paying up you are S-----d

ozarkcat · #6 08/04/06, 11:39 AM

Well, from working in both an insurance office as well as a lawyer's office and having had an accident somewhat like that, the best advice I can give is to hold out. The insurance company is going to try to settle for as little as possible, which is why they're hassling you. Were you in the vehicle at the time and were injured? Did you lose time off work because of having to get estimates, etc.? I would pass on to them anything that has caused you a hastle until they come up with an amount that you feel is fair. Keep in mind, I'm not saying to sc*$& them over, either, but that's what they'll try to do to you, so try to meet them halfway with it. Hope that helps!

arcticpixie · #7 08/04/06, 11:41 AM

Quote:

Originally Posted by suburbanite

Mutti,

You are probably better off buying a replacement car than fixing the one that got smashed, which will probably have problem after problem from now on if you fix it. If you buy a used car just be sure that it isn't from anyplace that flooded, like Louisiana or more recently parts of New York and New Jersey.

Exactly! No matter how excellent the repair, the vehicle will never be the same. Problems associated with the accident can show up months or even years later. Accidents of this scale cause fatigue and stress on all components of the vehicle. Another important consideration is future resale. The car will always have a major accident on it's reports, which will lower it's re-sale value regardless of how excellent the repair was.

The insurance co. wants you to turn the vehicle over to them so they can auction it off and regain some of their (read:your premiums) money. That is why you would have to pay $700 to get it back, that is what they think they could get for it at auction.

Definetly do your research and make them pay for fair replacement value, but don't bother trying to salvage the car. I've had two vehicles repaired from major accidents by reputable installations, and both ended up costing me $$ years later with a shortened lifespan on many parts originally uninvolved in the accident. Then, when I tried to sell them, the buyers pulled the accident reports on them and I couldn't get fair market for them. You aren't going to come ahead in this situation, but you can make sure you don't fall too far behind. Car insurance is a bit of a scam in my opinion, one we are required by law to participate in

Jan Doling · #8 08/04/06, 11:42 AM

My ins. co. paid to fix the car, but we keep finding more stuff wrong...now it turns out the axel was bent and a rear wheel damaged and I am replacing tires at an alarming rate, so I am awaiting the appraiser....again. If I knew then what I know now, I might have settled...but the first offer was only half of what I owed....so, I'm not sure still.

WAB · #9 08/04/06, 12:03 PM

I would hold off and make them replace it. They screwed up. As others said,dont have it fixed.

**Cabin Fever** · #10 08/04/06, 12:13 PM

When my old suburban was "totalled" due to some minor side panel damage in a parking lot, my insurance company paid me the fair market value plus I got to keep the vehicle. The truck worked just find, it just had a dent in its side. I used it for several years after the accident. Are you sure that the insurance company wants to take your vehicle?

halfpint · #11 08/04/06, 12:15 PM

I agree, I would hold off for a higher amount, make sure you get what it cost you to replace it, plus in some circumstances your time and effort involved in getting another vehicle may be allowed. I was in a wreck in 82 when someone else ran a red light, we both had the same insurance company so they wanted to pay as little as possible. When I wasn't satisfied with their 'final' offer, I called a lawyer (recommended by a local association), he told me what to ask for and if they wouldn't accept that to have them contact him and that they were to have no more contact with me. I called the insurance company, told them what I wanted and they said 'no way'. So I told them who my lawyer was and that they were now to have all contact with him - the guy asked me to stay on the phone a minute, and came back on and said he would be bringing a check over in 30 minutes! The neat thing was that the lawyer didn't charge me anything for the short phone consultation.
Dawn

jill.costello · #12 08/04/06, 12:45 PM

this is THE website to find the actual, fair market value of your vehicle:

www.kbb.com

It is Kelly Blue Book, and if you follow the links for Used Car Values, and enter your vehicles information exactly, it will give you three different prices (retail value, private party value, and trade-in value)

I wouldn't expect a penny less in settlement. I also wouldn't hold my breath for a penny more.

kitty32_z8 · #13 08/04/06, 03:38 PM

I had a similair incident with a kid parking in my truck of my chrysler new yorker. They classified it as totaled it held sentimental value so I let them collected the check for value of my car. an dbought it back from the insurance company for $100 (what they thought they could auction it off for). then went and got my trunk fixed. Everyone was happy.OH almost forgot titile then had been marked as a total so value went down for resale.

pointer_hunter · #14 08/04/06, 04:37 PM

We are still in "discussions" with the insurance co. over my wife's Durango. She rolled it over gently and they decided to fix it. Well, after the third windsheild, they have decided that the body wasn't set just right because we can't get a good seal. Also, the driver's door does not have a good seal and the seat belt is nice and moldy.

If they want to total it out, I'd say count your blessings!

frugalville · #15 08/04/06, 04:46 PM

Never take the first offer...
Never take the 2nd offer either...

The third one has always been about right for me.

But be prepared to wait if you do hold out. Seems those insurance settlement folders always get passed around the office inbox from the greenhorns up to the guys that can really move money past what the computer screen says.

Your issue is it sounds like you still owe the bank on this vehicle.

You said in your post it is engine and front end damage. A crunched front end will never be the same after a repair. Sure it might steer again, but it may need tires every 500 miles too !

Too many good deals on used cars due to everyone trading in for new ones.

I'd go into a big lenghty post on going and getting estimates, pulling repair receipts you have for the vehicle to get the settlement price up. But here's the list of headwinds you have..

Will probably have a draw out settlement with the insurance co. that will take some time...
You will have to waste alot of time trying to get your own estimates for repair costs. Which may be difficult if you can't drive it.
Insurance company will send down an inspector/adjuster if they cannot reach a settlement.
Dealing with a 'lawyer'
Dealing with a lawyer's 'fee'
The inconveniences of a rental and limited rental period.
Finding a place to actually do the repair, in a timely manner, within the costs of the original estimate before they 'open the can of worms to find out that in addition to what they thought, you need new muffler bearings as well"
Warranty period/quality of parts of said repair shop.
Resale value of car w/ major repair.
If they do give you the car, it may have to have a salvage title cause insurance totaled it out first, and then sold you the car as salvage.
Might require new state inspection if you have a salvage title.
Having to stare/pay for it if the whole thing blows up in your face and it sits dripping in your driveway 6 months later.

Then again it all might be worth it...

LvDemWings · #16 08/04/06, 06:07 PM

The insurance co wanted to total my Mothers car after someone hit her because she had full coverage on an old car and it would have been cheaper to give her the value of the car than fix it. She fought them for quite a while and in the end they fixed the car. She had the car for years afterward and finally just sold it last summer. So you can fight with an insurance company and win.

Mutti · #17 08/04/06, 06:43 PM

Well,the actual damage is not to the frame and won't affect the drivability of the car....road grader actually rode up over the front and didn't even shoot off the airbags. So it is the radiator,a/c compressor,hood,one front fender,and all that plastic tirm stuff. Didn't even crack the windshield. If I'd been driving our Neon I'd proabably be dead right now. It is because the repairs are about the same as the BlueBook and they already put around 4 grand into it after a deer accident last year and they just don't wanna play. But don't plan to get pushed around. DEE

caroline00 · #18 08/04/06, 10:12 PM

well, if they sell you the car for $700, then they will send you a check for the settlement amount less the $700.

YOu might get a salvage title, although they didnt change our title at all. This was about 3 years ago, here in the Ozarks.

southrngardngal · #19 08/05/06, 01:16 AM

Four years ago a man pulled out of a driveway right in front of me. I did everything I could do to keep from hitting him. He admitted that he was in the wrong. His insurance wanted to give me $1,500.00 for my old car. It is twenty years old now. It was paid for, it run good, it rode good and I wanted it fixed. We argued for six months. I wouldn't give in. I kept insisting that I wanted the car fixed which would cost $2200.00 to fix. They kept insisting that the car wasn't worth it.

My right ankle was injured in the accident. It gave way under me and I fell hurting it even more. I had to go to the ER to have it checked out. It was really funny that once I contacted an attorney, got the ER report on my ankle and sent this to the insurance company that suddenly my car was worth fixing and the hospital bill was worth paying plus I needed a "little extra in case of"(The insurance adjuster's words).

My car was fixed and it still is fixed and still runs good and rides good and is still paid for. The insurance company kept telling me that I could take that money and pay down on another vehicle. What I couldn't make them understand was I didn't want a car payment. I had one that was paid for and that was the one I wanted. I held out and I got what I ask for.

Don't give in. Make them do what you want done. It was their client's fault not you in the wrong. Insurance companies will stick it to you if you let them. But you can make them do what you want done if you persist.

Hang in there.

Jan

Belly Acre · #20 08/05/06, 05:51 AM

How old is the car? We had a Toyota Matrix that was under 1 year old when the insurance co "totaled" our car and they tried to settle with a number that was less than what we owed on it. My husband asked them where they got their figures from because they were so much less than what we owed and we only had a minimum number of miles on it. They faxed us about 10 pages of "cars at dealerships" that had used vehicles(most were high milage cars...not ours) that were comperable vehicles to what they had totaled. So within a couple of hours they called back to ask something else and asked about the pages she had faxed. We had called a few of the dealerships and they didn't even recognize the stock#'s that were supposed to be on these vehicles! We told her that we had called a few of the dealerships to inquire about some of the cars listed and were awaiting their call backs. Within the hour the amount that they offered my husband for our totaled car was above the number we owned on it....and above the minimum we would accept for it. Then they were in a HURRY to try to get us to settle....we think there was something illegal about what they had done and they wanted to "please" us so as to not get in trouble. Just our story. Up until then I had never heard of anybody coming out ahead when dealing with a wreck.