QuestionDo you have any suggestions for me? My car was near a bank with the emergency brake on and in first gear (manual transmission). It rolled backward into a river and submerged 3/4 way. No one can figure out how. The insurance agency told me it is totalled. I looked up the blue book and it is only $5000. My credit is not good enough to buy a new vehicle, my policy says that they will pay for a vehicle for 30 days, but they tell me it will only be until they settle. What can I do about that? Do you have any additional suggestions?
Datails:
I was kayaking with my neighbor. We backed the car to the water, put the kayaks in the water, parked the car farther away. Later we came back, backed the car up to the water, about a foot away, put in the kayaks, put in the life preservers, paddles, etc. Then I went for a short walk with my dog. On the way back I saw my neighbor standing near a tree in front of the car, then I saw him get in the passenger side. Then I saw the car back into the water and float to the other side of the river. Then he swam out. I had the keys and the engine was off. The police determined it was in first gear with the parking break on (manual tranmission). No one understands why it went into the water when he got into it. Do you have any suggestions for me on what I should do? My business depends on a car, and I bought it new in 2007 with the intention of keeping it forever. Now it is gone, and now I can't go to my clients. I'm not sure what to do. Any suggestions would be appreciated. My policy says Actual Cash Value - $500 deductible. So I don't think I will have enough money to buy another car which looks good enough and is dependable enough to drive to clients.
AnswerHello,
You don't have much for options here. The car can't be fixed from this event. It is junk.
I see concerns though with the claim. First, the credit issue may be used in evaluating the claim. Then the cop's statement that when he found it, it was in first gear and the brake on and does not understand how this happened. This is a problem because the cop is not qualified in automotive to even open his mouth, however this may be used against you. The insurance company may perceive this to be staged some how because the potential motive is that you needed money over the car.
Call my cynical, but I see this crap from insurance claims on a daily basis.
As for replacement, region plays a roll. I bought a rear sharp 99 Suburban in Texas for $6,000.00 from a tote the note dealer. They kept the title till it was paid off. I drove it for 25,000 miles before I did anything to it other than oil changes. It still looks and runs like new with no rust or fade.
The point being, you may not get exactly what you want, but if it looks good and drives good, that would be all that would count for now.
I am selling a very sharp 1998 Olds Intrigue for $2k. So vehicles are out there that can be bought for $6k and under. Craigs and Ebay is another place to get a car.
The first thing though is you need to be concerned if they will even pay in the first place.
There is the possibility that something was defective in the drive train. You did not say the type of vehicle, but an example would be something like a jeep with a transfer case issue. That scenario could leave in first gear and maybe the E brake was not adjusted properly causing the scenario you are referring to.
The insurance company may hire a mechanic that will say that the vehicle is firmly locked in first gear and the wheels do not move with the brake on. In that case, they will investigate you, even if no wrong doing on your part. That doesn't matter. All that mattes is that they can make it appear that way, at which point they will deny your claim. They may even refer the claim to the prosecution for criminal charges.
I am not trying to scare you, but I am a realist. As I said, I see this every day across the US. Insurance companies do not like to pay claims for the most part.
Good Luck.
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