QuestionThank you for your prompt response sir.
unfortunately, the car has been in their posession for over a week now. I haven't signed anything nor have I seen anything in writing. They hounded me to move the car out of the body shop, without giving me any numbers, and coincidentaly had the numbers within the hour of me releasing the vehicle from the shop. Nothing has been signed, I still hold my title. I asked for all the documentation in writing, I asked for a breakdown. I have received nothing. After chasing down the guy, he insisted that I was getting the best offer possible. He said he'd be happy to fax me everything..the estimate of the damage to my vehicle prior to this accident, the estimate of this accident's damage, etc. I asked for his mailing address, he hesitated and asked why. I wanted to send a letter via certified mail stating my discontent and to mention I am hiring a lawyer. When I told him so, he said he could no longer speak to me, stated, "So now you're injured?" and said to have my lawyer contact them. I still intend on sending the letter, I don't want this to go so far, honestly if they would just offer several hundred more I'd be satisfied.
I'll take a look at auto trader. Like I said, there is prior cosmetic damage to the vehicle, but not as much as they say, he did let it slip that they estimated my prior damage to $2100. I needed a new trunk and a new hood and had a few bumps here and there..the REAL damage is in my frame and suspension, caused by their driver. He also let it slip that had there not been the cosmetic damage there was I'd be getting closer to $3000.
If I send the letter, will they likely call my bluff and wait for me to hire a lawyer?
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Followup To
Question -
Hello Mr. Hixenbaugh, I appreciate any advice you can give me.
A few weeks ago I was in a car accident. The other driver was at fault, we filed the claim through his insurance. They took responsibility. They took about 10 days to get the estimator to the body shop to view my car. They contacted me a few days later asking me to release the vehicle to their private lot. Claiming my car would be ruled a total loss but they didn't have the dollar amount of my settlement yet. I cooperated, I also had stopped driving the rental and borrowed a car, so they weren't incurring any costs but the storage fee of the body shop. As soon as I released the vehicle, I was given a dollar amount. I admit I have never had this happen to me, and I am not sure what is fair or not. I know never accept the first offer, so right now it stands with them telling me they will 'see what they can do' as far as the estimate because I do not think it is fair.
My vehicle is undrivable due to the damage caused by their insured. My vehicle is 11 years old and did have some dents and other cosmetic damage to the body. However, none of the damage hindered my driving. In fact, my car was in very good driving condition for its age. I had 130,000 miles on it. I checked the NADA and the Blue Book and they both show my vehicle being worth around $1,500. They are offering me $740 claiming that the value dropped due to the previous body damage.
I do not think this is fair. While the car may not have been 'preety', it was in great running condition, it got me from point A to point B without a hitch. It has been paid off for over six years. So obviously, it was quite economical as well.
Now, due to their drivers negligence, I have to purchase a vehicle, insurance, etc. $740 is hardly a down payment. This has been an extreme inconvenience, I am not expecting thousands, but surely I should get something closer to the private party value.
What are my next steps? I'm afraid of them removing the offer completely. I know I've lost my car, I just want what's fair.
Answer -
Hi Lea,
As a rule, insurance companies will generally of 20% to 30% below the actual fair market value of a vehicle in a totla loss situation. It is up to you to prove them wrong and negotiate a more fair offer.
You said that you checked NADA and Kelley blue book. You should also check www.autotrader.com. This will alow you to check currntly for sale vehicles like yours within a reasonable distance from where you live. Due to the age of your vehicle, you may have to search upto 100 miles or more from your zipcode. You do, however need to make adjustments to any values you find for differences in condition and mileage.
The insurance company does not owe you to replace your car. The do owe you for the value of your car as it sits just 1 second before the collision.
If they have not yet moved the car, don't let them move it. And do not sign over your title to them until and unless you have an acceptable offer from them in WRITTING.
I hope this helps.
Richard Hixenbaugh
AnswerHi Lea,
You should never threaten anything that you ar not willing to do. This adjuster sounds like a jerk. If I were you I would call your state insurance commissioner's office and file a complaint against the insurance company and the adjuster. That may get thing moving a little smother for you.
Good luck
Richard Hixenbaugh
