Auto Insurance Claims: auto accident, 1997 oldsmobile aurora, oldsmobile aurora

Question
Richard,  I'm sorry this may seem a little long but I'm just a mess trying to understand if there are any options that I have not been told about.  I was in an accident on the expressway and just going over the overpass so the road doesn't have hills exactly but the overpass does cause some viewing obstruction to the witnesses (3 of them).  Anyway,  I am out of work do to any injury with no income and unable to draw SS or anything therefore every dollar I had meant alot.  Anyway this past December 4,  I was traveling over the overpass in the middle lane and a car in the fast lane seemed to realize that he needed off at the next exit asap.  He crossed in front of me very closely and continued on over to the exit lane on the right.  I tried my best to swerve to the fast lane and miss him but when I did I just lost control and I went from the middle lane to the left front bumper hitting to concrete median at the top of the overpass.  The problem is that 3 witnesses behind me who apparently were not up over the overpass enough to see him all seemed to say I wrecked all by myself from the middle lane and swerved the car to the left and just apparently drove into the median all by myself for no reason I guess.  So my drivers front corner caught the concrete median and then just kind of turned so that I ended up facing the median.  I broke my collar bone and both knees slammed the dash so my right knee was broken as well and low back and neck strains.  My car was a 1997 Oldsmobile Aurora with less than 78,000 miles.  I know that seems like a lot of miles and an old car but it was in terrific shape and I had just had $1500 worth of repairs done to the ac the drivers window and a couple other things just this past October.  Oh, my adjuster was kind enough to say that I could get 10 cents on the dollar back for the repair.  Since none of the witnesses saw the car that crossed my path to get over to the exit, I was given a ticket for careless driving.  Also my adjuster says the pay out value of my totaled car is $2,746.00 which already has my $250 deductible taken and he also said that because of low mileage that they had already added $606 for low mileage.  Since I am 50 years old with no boyfriend or husband to ask advise,  I would really appreciate it if you would look this over and tell me what your thoughts are on the matter.  I know that was an older car but I was planning to keep it for several more years.  Those cars sold for $40,???? some odd thousand dollars new.  I know several times when I had taken it in for a repairs, I would always ask if it needed a tune up and the repair department always told me that the recommend tune up on these cars was 100,00 miles.  It had never been wrecked before and was in great shape but still I know I must be hoping for the impossible because of its age.  If you don't mind to much,  would you please give me your thoughts on this matter?  This happened in Jacksonville, Florida.  The adjuster is waiting on me to sign the title over to him.  He said even if I wanted to keep the car and fix it myself that I couldn't never drive it on the road again because it would be considered salvage from now on.  

Thanking you in advance,
I would really appreciate any advise you might offer.
Respectfully,

Debbie Howard

Answer
Hi Debbie,

I'm very sorry you are going through such trouble.

Unfortunately, there is nothing you can do about the vehicle being totaled, but you can negotiate the price. I did a quick check on the NADA.com website and found that the retail value of your car should be about $4700.00. It appears that your insurance company is trying to pay you low wholesale value. There is a clause in your policy called the "Appraisal Clause" that may help you. However, it will require you to hire an independent vehicle appraiser which will cost you about $300.00. Below is a description of how the appraisal clause works.

The Appraisal Clause Process

1st party claims with your own insurance company

An appraisal clause is a clause or paragraph found in most but not all insurance policies. It is designed to be a way of reaching a settlement when there is a dispute over the amount of a loss between you and your insurance company and can be invoked by either party. The appraisal clause can be utilized when there is a dispute over the cost to repair your vehicle, the value of your vehicle in a total loss claim or the diminished value of your vehicle if you reside in a state where you can make a 1st party claim for diminished value. The appraisal clause is generally found in the "Damage to Your Auto" section of your policy.  Following are the basic steps involved in the execution of the appraisal clause of most policies.

Step 1: Invoking Your Appraisal Clause
You will write a letter to your insurance company telling them that as a result of your inability to reach a mutually agreeable settlement, you are invoking the appraisal clause of your policy. The letter should be sent by certified mail/return receipt requested.  

Step 2: Selection of Appraisers
In the appraisal clause process, each side will select a competent appraiser to assess the loss. Each side will be responsible for paying their chosen appraiser. You should select an appraiser who is knowledgeable in the specific area that is the subject of the dispute and who is familiar with the appraisal clause process. Your selected appraiser should be able to be objective and impartial.  Your appraiser should not do any work for the insurance company with whom you are having the dispute.

Step 3: Completion of The Process
Your selected appraiser as well as the appraiser selected by your insurance company will each independently appraise the loss. The two appraiser will then communicate and discuss their findings. During this process the two appraisers will attempt to reach a mutually agreeable figure. If the two appraisers are unable to reach an agreement then the two appraisers will mutually select and agree upon a third party Umpire appraiser who will review the positions and documentation of the two primary appraisers and may also do an inspection and assessment of his own. If an umpire appraiser becomes necessary, you and your insurance company will each pay half of the cost of the umpire.  Then an amount agreed upon by any two of the three appraisers will be final and binding on all parties.

To find an appraiser who can assist you visit www.collisionclaims.com

I hope this helps
Richard Hixenbaugh