My Rover versus a Ford Focus

[ptschram]

Once you start the claims process the insurance company will not want anything removed from the truck. The bank doesn't care as both you and the insurance company are gonna make good on the loan.

The insurance company cares not waht you owe, they will (absent an agreement to the contrary for "stated value" coverage) pay you what the vehicle is worth and there are big companies that exist only to determine the value of that vehicle.

I would be very surprised if the impound/storage lot would allow you to remove things like the bumper/tires/skid plate.

 

[antichrist]

You will rarely, if ever, come out ahead with an insurance company. Probably your only recourse is a lawsuit against the other driver. It's a long shot, but I think your chances of at least breaking even are better there.

 

[gugubica]

Yes, get a lawer involved. The threat of litigation way help to sway them. Bottom line, it was their driver at fault. The value of the truck and the estimate to repair are close enough that you have a legit fight. Make them fix it!

Oh, and you also have the option to sue not only the driver, BUT ALSO the company he works for, as well as the insurance co. A good lawyer can get this taken care of with a few letters, and very little cost (compared to what you stand to loose).

 

[MUSKYMAN]

How can they claim that when the title is still in your name and you haven;t agreed to sell them anything yet? If anything, it belongs to the bank, not the ins co.


I'd play hardball with the ins co and at minimum get full payout of the outstanding loan. Point out that it was their insured that caused you to be in this position.

In most states the moment the INS company says the truck/car is totaled it does belong to them ...I know this sounds crazy but I learned this when I totaled our ski car years ago.

this is why you have to "buy back" your car if you decide to repair it.

with insurance you are never required to go quietly into the night though. the more noise you make the better you will come out. I said no to the settlement check three times and said I had an attorney working on the case and that they woulde be hearing from him.

the independent adjuster kept offering more and more until I liked what I heard and accepted the offer. they ended up paying me $2500 more then the initial offer and about $1000 more then retail value for the same car. I had a number of options on it that were not able to be found and also had some nice upgrades like performance snow tires and a aftermarket roof rack track system to hold the ski box. The real deal maker was the car was in perfect condition and had lower miles then others of the same year and to reach a car with those same miles you woul need to buy a car 2 years newer and spend about $1000 more.

The bottom line with insurance is you need to have something to hang your hat on. If you just use personal attachment they say get over it. But if you actually have reasons to not accept thier offer that make sence they will negotiate and just move one as well.

 

[ptschram]

The value of the truck and the estimate to repair are close enough that you have a legit fight. Make them fix it!

Oh, and you also have the option to sue not only the driver, BUT ALSO the company he works for, as well as the insurance co. A good lawyer can get this taken care of with a few letters, and very little cost (compared to what you stand to loose).

If the cost of repairs exceed 70% of the appraised value of the vehicle, the vehicle is totaled (some states may have some variations and some states even require that once the claim process begins, if the vehicle is determined to be totaled, the title must be surrendered to the state). Thus, trying to use the argument of the repairs being equal to the value of the vehicle will not fly.

The insurance company can afford better lawyers than you can. They have determined the value of the truck and that is likely all they will pay you for it. Few attorneys are willing to take a case for such relatively low $ when the insurance company has the upper hand.

Lastly, insurance companies love it when a claimant threatens to call an attorney. The attorney does not have the emotional involvement and is more rational.

 

[p m]

Well, if the insurance doesn't pay up, sue the driver. The difference between the appraisal and your loan value + aftermarket parts is close to $5k limit for the small claims court. I don't have any experience with the small claims court, but it looks to me that you have a simple case.

 

[ptschram]

In most states the moment the INS company says the truck/car is totaled it does belong to them ...I know this sounds crazy but I learned this when I totaled our ski car years ago.

this is why you have to "buy back" your car if you decide to repair it.

The only way that I know of to get out of this mess would be to decline the offer the insurance company offered and take your car back.

If you want any $ from the insurance company, THEN you have to buy it back, etc. Depending upon the state/insurance company, you might end up with a salvage title even though you never gave up, nor transferred ownership. Oregon has some really, really screwed up vehicle salvage laws making it difficult for folks to part out vehicles or buy salvage.

 

[Blueboy]

They are "willing" to sell it back to me for ~$11K yet claim it's $2K in salvage.

good to hear you're all ok.

when my 93 RR was totalled in an accident caused by another driver, I purchased it for the declared salvage value.

like you, there were many items I wanted especially my 4.6 engine.

this was in Tulsa, OK.

best of luck.


Jaime

 

[brianhoberg]

Haven't heard back from the second insurance agency yet as far as the adjustment is concerned. I sat down this morning trying to figure out what I would ideally want. Truth be told, I want my aftermarket stuff off of it more than the truck itself. But, what I am aiming for is payoff of the loan and retail value of whatever is damaged and can not be repaired or, that I can not take off. It's a pretty fair settlement, but I haven't ruled out going after his company yet. Problem with going after the driver is he is 21 years old and is a computer tech down here for a rinky dink computer shop. I doubt I could get much settlement for the difference from him and even if it was settled, he probably couldn't pay it, so I would just be upside down more court fee. Wheatever insurance doesn't cover, I'll go after the business to pay the difference.
In the meanwhile, assuming that the frame is damaged on the '03, I don't want to continue plowing money into a problem. I'm already looking at an '04 SE7 down here to replace it and move all the stuff over to the SE7 from the '03 that is not damaged. Stil working on that one. But, for now, I have to consider what is both safe for my family and how much time I realistically have to keep the rover in the shop, I'm still making payments on it
Will let you know more as it comes along. Should get the report from USAA today or tommorow.
-Brian.

 

[brianhoberg]

good to hear you're all ok.

when my 93 RR was totalled in an accident caused by another driver, I purchased it for the declared salvage value.

like you, there were many items I wanted especially my 4.6 engine.

this was in Tulsa, OK.

best of luck.


Jaime

Thanks Jaime, appreciate the kind words.

 

[brianhoberg]

The only way that I know of to get out of this mess would be to decline the offer the insurance company offered and take your car back.

If you want any $ from the insurance company, THEN you have to buy it back, etc. Depending upon the state/insurance company, you might end up with a salvage title even though you never gave up, nor transferred ownership. Oregon has some really, really screwed up vehicle salvage laws making it difficult for folks to part out vehicles or buy salvage.

PT, until you sign your car over to the insurance company ith their offer, it is still technically your property. The only difference would be that they would need to re-assess the value of the vehicle minus the parts removed ina new estimate, correct?

 

[ptschram]

PT, until you sign your car over to the insurance company ith their offer, it is still technically your property. The only difference would be that they would need to re-assess the value of the vehicle minus the parts removed ina new estimate, correct?

It's a grey area at best. Once you start the claims process, they have an enforceable interest in the vehicle.

Years ago, I was in a crash where a guy ran a red light and hit me. In order to continue driving the vehicle, I removed the damaged debris. The insurance company tried to refuse to cover anything as I had altered the damage.

The best way to deal with insurance claims is to be VERY nice to the adjuster, they can make your life hell.

My comments concerning insurance are based upon my personal experiences and my wife having been an adjuster for five years. Between my experiences (assigned risk insurance for seven years, probationary habitual traffic offender, etc) and hers, we've seen it all!

PT

 

[bovw]

At least you hadn't installed the lt230 yet, and if you get a 04, it's already there for you.

 

[brianhoberg]

At least you hadn't installed the lt230 yet, and if you get a 04, it's already there for you.

True, although I had purchased an LT230 from Will Tillery off an '01. Know anyone interested in an LT230? I've got a nice shift knob for it too
-B.

 

[brianhoberg]

well, both insurance companies have indicated the '03 D2 SE is totalled. My insurance agent said that on the passenger side of the frame, the frame bent internally on itself. The passenger side frame sustained a bend at the middle of the frame as well as it bowed in from the impact.
So, now we are in the process of me grabbing all my aftermarket shit off the truck and seeing Sherman (my beloved '03) off. I knew it was coming, it's just sobering to hear they are finally "pulling the plug".
-Brian.

 

[michaels]

well thank god you get all your aftermarket stuff still, right? is your front bumper reusable? and i love my 04, good luck finding a good one.

 

[curtis]

You may just want to check on a buyback from USAA. They are my carrier as well and have been more than fair. After totaling my then four year old D2 for about $5K more than it was worth, they sold it back to be for somewhere around $1100. I owed about $18,5K and got enough back to payoff my loan, buy back the totaled D2, and buy most of a D1.

The problem was then getting rid of the D2. That took some time.

BTW - I am originally from SA too.

 

[brianhoberg]

well thank god you get all your aftermarket stuff still, right? is your front bumper reusable? and i love my 04, good luck finding a good one.

I'm able to retain everything except the RTE 2" springs, OME shocks, and the torn up RTE front grill guard. Everything else was keepable. Luckily, the guy at the shop works with a guy who is going to remove the parts for me since both the insurance companies have totalled it.
So, someone out there can get a nice lift and project bumper if they really want to hunt for it. Insurance is paying me back for those.
-B.

 

[brianhoberg]

You may just want to check on a buyback from USAA. They are my carrier as well and have been more than fair. After totaling my then four year old D2 for about $5K more than it was worth, they sold it back to be for somewhere around $1100. I owed about $18,5K and got enough back to payoff my loan, buy back the totaled D2, and buy most of a D1.

The problem was then getting rid of the D2. That took some time.

BTW - I am originally from SA too.

Haven't received the quote back from USAA but I have a feeling they will have the higher offer and then get paid back from Hartford Insurance.
USAA is really good. I've been working with them for a year and a half. They've been good throughout the process.
-Brian.

 

[curtis]

It will be higher. On top of our Rover, my wife got hit in a fairly rare VW Jetta GLX Wagon with a 5 speed. They could not locate a comp and gave us 95% of sticker. The car was about a year old. I paid 6K less than they gave us six months before (it was 6 mos. used when I bought it)