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Fucking Auto Insurance Company
My GF was involved in an injury wreck last Monday. Some girl turned in front of her and they hit nearly head on. Both vehicles were totalled. My GF was not at fault. The other driver's insurance company is now trying to make her settle for about $2000 less than the car is worth.
They told her this morning that if she didn't settle by the end of the day, they'll stop paying for her rental car. Obviously we're not going to settle for less than the vehicle is worth. I have found numerous listings on autotrader.com for cars nearly identical to hers and they are all valued at what they should be. The amount her insurance company is trying to settle for is ridiculous. Would printing those listings show fair market value? Would it matter? Her insurance company uses the NADA Blue Book to determine value of the vehicle. That book says the vehicle is only worth $7575. Kelley Blue Book says it's closer to $9500. Identical cars on autotrader.com and near by dealerships are between $9500 and $10,500. If we wanted to buy an identical vehicle, $7575 would not cover it. Is it time for an attorney or is there some way around this mess? |
I know it's a matter of principle for you and this kind of shit is so frustrating but I'm sure you know that fighting this will only leave you that much more in the hole.
Between lawyer fees, paying for your own rental etc., if you don't win you'll be screwed. I would reluctantly take what they are offering and cut your losses. Just my :2 cents: |
Don't settle for the scraps they're willing to give you. Bastards are just using scare tactics to try to make you settle.
Consult with a lawyer first :warning |
I'd go see a lawyer today, or at least call one, A&H.
Or if you really don't want the hassle.. make them a counter offer. I never take anyones first offer if I can avoid it. |
tell them you don't want the money
you want another car just like the one that was totaled, same year, model, mileage, color, and so forth. that car ment a lot 2 you :Graucho my grandfather bought it for me. :Graucho worked for me before |
You say in the first sentence it was an "injury" wreck. What kind of injuries did your gf sustain. If she has any type of pain you need to consult an attorney. Many times in a car accident a person may only experience mild pain initially then a couple months down the line start to experience neck and back pain as a result of the accident. I know you are focused on getting her a car as soon as possible, but you should not settle without getting a much larger settlement from the other insurance company.
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Is she seeing a doctor?
Deep tissue injury. :Graucho |
Tell them you need your lawyer to approve the deal. That'll change their tune real quick.
I'd get a lawyer anyway because insurance companies exist for the sole reason of fucking people over. |
Quote:
even if you dont go to your lawyer as soon as you say that they will be like " well how about this .... " and if it wasnt your girls fault ... and she got hurt ... you are only getting money to get a new car ? wtf this is america we live in ... hit the fucking pocket books... open up your yellow pages find a lawyer that gets paid when you win only.... a higher percent but instead of 7k they wanna give you ... we are talking atleast 70k a:thumbsup |
A&H please contact me via ICQ I have some info for you and possible solution.
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several years ago I worked for a company that did total loss valuations for car insurance companies. If a car was totaled or stolen and never recovered this company came up with a value for the insurance company. I can tell you that most insurance companies use companies like the one I worked for and they hire them because the company gave them the lowest average value for the cars so it saves them money.
you are on the right track. First, photocopy 3-5 ads for cars like hers in your area. You might even call the people selling the car and ask them about it and how firm they are on the price. If they have sold the car then ask them if they got close to what they were asking. you'll be surprised at how helpful a lot of people will be if you explain your situation. Also the sold cars are the best because it represents not "what they are asking" but " what they actually got on the market for that car" . Then use the blue book to to "book" out the value of her car and call a couple of dealers in the area that sell that type of car. Ask to speak to the used car manager. Explain to him what happened and what you are doing ( be nice and quick because they are busy ) tell him the book value of the car ( obviously what type of car it is and such ) and ask him if he could expect to get around the book price for a car like that if he had on on his lot. Write down whatever he says. The first things you got are called comparables ( similar cars for sale or sold in the area ) the second thing you got is a dealer quote. Call the insurace company back and talk to the adjuster working on your case and tell him/her that you have X# ( however many you got, the more the better ) comparables and a couple of dealer quotes all putting the market value of that car at ( insert whatever the price range is ) so based on that info your car should be worth ( insert whatever you feel you want for it that is within that price range ) Explain that you are not trying to get rich or screw them over you are just trying to get what is fair. Tell them that you didn't ask to be hit by their client and that you planed to keep the car because you were attached to it and liked it and remind them that it is their clients fault that this whole mess has occured. Let them know you have contacted a couple of attorneys but that you would rather not deal with it that way as that would be a pain in the ass. If they refuse to give you what you want tell them that you will give them 24 hours to change thier mind and that if they would like you can fax them the information you have. If you do not hear from them within 24 hours then you will be forced to persue this further with an attorney representing you. I've seen a lot of peole get screwed over by car insurance companies and I've also seen that the insurace companies basically screw eveyrone over even if it's just for a couple hundred dollars ( a few hundred times 300-400 cars a day adds up pretty fast. ) If you make enough noise, prove to them that you have done your homework and know the value of the car and that you are willing to fight, there is a good chance they will give in and meet your demands and come to an agreeable setlement with you. as for the injuries that's another story and I don't know much about that part of it but hopefully this post will help you with the car part of it. |
Check your insurance policy. It will most likely say that it will pay the actual cash value which means cost new minus depreciation, then deduct your deductible. If you don't feel like you are getting a fair deal your least expensive option is to call your state's Insurance Commissioner and ask for advice or file a grevience, not a lawyer.
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oops double post
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I'll have the same problem if I ever make a claim. Their idea of the market value of my second hand car was lower than the price I paid for it, and I actually got it about $2k cheaper than most of the listings. So I'm already out about $4-5k if it ever gets totalled.
I guess the sensible thing is to insure for agreed value, if they offer that. Your premium will be higher, of course. |
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