Auto Insurance Claims: third party claim--property damage preexisting problem, 1995 bmw 525i, value of my car

Question
My car (1995 BMW 525i) was hit while vacant in a parking lot. The lady who hit my car found me and filed a claim with her insurance(Nationwide). I got two estimates for the damage both within ~$100 of each other(~$2500). The adjustor's estimate came to ~1100. He informed me that Nationwide accepted responsibility for the damage and my car would be repaired to my satisfaction. He would negotiate directly with the body shop for any additional costs. I made him get on the phone with the body shop to insure everyone was on the same page. Upon tearing off the damaged parts the body shop informed me the damages were more extensive than first thought. The adjustor was called out. The adjustor informed me that due to previous damage to my car(of which i was unaware) the metal was fatigued in the area of contact causing the damage to be extensive and he was authorized to pay for only half of the repairs (based on his estimate of the damage). He offered me $1900. When I objected to his offer he insisted that I return the rental car immediately. I had two body shops estimate the repairs at $5000 and $5400. Per your instruction to other subscribers I searched the value of my car as follows: kbb-$5600 to $6200, NADA-$5500 to $6500. I did a 100 mile search on Auto Trader and found 5 vehicles ranging in price from $4000 to $9500 averaging $6575. I do not want to file a claim with my insurance and be forced to pay a deductible nor do i think i should be out of pocket for any expense since my car had no visible or functional damage prior to the accident. I contact my insurance commissioners' office and was told they usually do not get involved auto issues when there is no personal injury and i if am dissatisfied with the insurance offer, I should take them to court. How would you recommend I proceed and what would you suggest as a reasonable settlement?

Answer
Hi Randy,

Thanks for reading my previous responses.  I guess that my number one choice here is probably not going to work.  That would be to employ used and/or non-original equipment manufactures parts to drive the cost of the repairs down to the point where the vehicle would not be totaled.

If you have not done so, you might ask the body shop owner to see what parts he can save on with used and/or non-OEM.  Maybe that would be a way out.

The next choice is to read a couple of these pages on my site and then to make a decision.

Auto Accident Collision Repair Shops http://www.settlementcentral.com/format.php?Page=0456
and Insurance Adjuster Relationships

Hire YOUR OWN Auto Collision Repair Expert http://www.settlementcentral.com/format.php?Page=0457  for Repair Negotiations & Supervision

That last page is where I think you need to decide to hire an expert to negotiate for you.  Sure, you might pay $300 or so, but you stand to lose a whole lot more if you cannot overcome the defense of preexisting damage raised by the adjuster.

The expert will marshall all the facts you need to show that the offer the adjuster made to you is not a good faith purchase offer.  Hence, your right to the rental car should prevail, at least until such time as he increases his offer to a good faith actual cash value offer.

The reason I do not want you to file in small claims court right away is I would like to get the facts down in good shape first, and a lawsuit can make people like the body shop owner nervous.  Mo betta you get your expert to run his own examination and tests on this alleged preexisting damage.

This claim will be decided by FACTS, and any diminution in your award caused by the preexisting structural damage MUST BE DOCUMENTED IN WRITING.

Once you know how much that preexisting damage cost you, then you need to  convey that information to the one who sold you the vehicle and demand compensation.  Although the statute of limitations on contracts may have run years ago, your claim of action DID NOT ARISE UNTIL YOU LEARNED OF THE PREEXISTING DAMAGE.  Hence, your claim versus your seller is timely, and all that is lacking is written proof as I describe above.

I trust that my efforts here have been of value to you, and hence I respectfully request that you find the feedback forum on this website and leave some feedback for me.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.settlementcentral.com