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YOUR RESEARCHTotal Loss Insurance Woes
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because of delaware law
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When my M3 was totalled (100% their fault) the insurance agent took an average asking price of 10 cars in the area with comparable mileage and adjusted for options.
Leading evidence: 'because of delaware law' (1 discussions report identifying this cause; no attributable repair resolution). Across 1 matching discussions, the most frequently mentioned possible cause is 'because of delaware law' (1 discussions; 1 report identifying it and 0 suggest it). The most frequently discussed action is 'Adjust options' (1 discussions). For that action, 0 discussions report a resolution and 0 report an unsuccessful attempt. No action has an explicit, attributable resolution report under the current rules. These are forum reports and suggestions, not a confirmed diagnosis.
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When my M3 was totalled (100% their fault) the insurance agent took an average asking price of 10 cars in the area with comparable mileage and adjusted for options.
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When my car I referred to was totaled by another hat ran a red light, USAA paid to me the total loss agreed price on the car.
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I used my Un/Under Insured coverage to cover bills until the other company kicked in.
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In all honesty being with USAA is probably the best case scenario.
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Adjust options
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When my M3 was totalled (100% their fault) the insurance agent took an average asking price of 10 cars in the area with comparable mileage and adjusted for options.
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Long story short, a woman made a left from an on comming lane with complete disreguard to the oncomming traffic who had the right of way which ended up in a totalled C4S and a totalled Malibu. Police report states she was completely at fault. I will post a full story later.
My insurance company is trying to screw me and I need to know the value of a few key options to discredit their comparables.
What is the value of:
Sport Techno 18" wheels?
Heated seats?
Metallic paint?
I am mostly uninjured and I am very thankful that the car did its job.
Holy crap, glad to hear you are not seriously injured.
Heated seats were $450... not sure on the others. I sent an e-mail to Alfe from IRA Porsche, perhaps he can shed some light...
There is no value to those items in a total loss. I'm confused, why is YOUR insurance company trying to screw you?
If you are going through your company to claim the loss instead of the woman that failed to yield then there was be more to the story.
Regardless of which company is paying you just need to do your DUE DILIGENCE to get a snapshot of what the car would cost you to replace it (ACV). You can start with getting "starting point" numbers from KBB and Edmunds. Then check out your local paper and auto trader, etc.. Put together a good average range of what the vehicle is selling for. For example, 45K-55K. Tell them you would be happy to meet them in the middle at 50K, take your check and start shopping.
Just remember, the important info they want is year & miles on the car. Your range of examples need to be very comparable to yours. I would be nice to point out that certain cars at the low end do not have all the options your did that you would want again and the ones at the high end do.
I had to do this once many many many years ago but when I was armed with a folder full of examples, I was immediately given my requested number as I was fair with them.
ps. the value of the items you are getting at will be itemized on edmunds if they are something that adds "value" to the car.
Well, I suggest that you remain "mostly uninjured" until the lady's insurance makes you whole. Yo should start with a full medical checkup and continue from there.
Do NOT sign a medical release until everything is settled.
I got hit by a guy years ago in my 3 year old BMW and I got a settlement for the full purchase price of a new one which they driectly paid to the dealer. The guy who hits you, whether it is his insurance or out of his pocket, MUST make you whole.
My insurance company found the two lowest value C4Ss in a 100 mile radius valued at 43K and 45K and they completely disreguarded the cars at 52-55K. They offered 46K.
my ins co will be reimbursed by her's
If you lay down, they will walk over you. Stand up and only settle for what you want. BTW: Are the medical bills piling up yet?
Also, check the official maintenance and repair history of the car you do settle for.
Are they the same mileage as your car? What about maintenance and overall condition? You should go to bat for yourself here and do not take the first offer they throw your way. They love it when people just accept their first offer. Trust me there is room for negotiation!
So far we have been sending the med bills to USAA to cover them. My perscription plan is covering the Vicadin. I did sign a release with the on scene ambulance however I went to the hospital the day after and I was diagnosed with a sprained neck, and strained back. I will be attending physical thereapy but I also have pain in my shoulder that will need to be diagnosed.
I have higher mileage-59K but they only had a $391 deduction for that mileage. I'm going to take that and run with it and give them every car under the sun with metallic paint, sport techno wheels and heated seats.
Everyone knows a white car goes for less than a black car and color combos can decrease prices too. Remember that yellow turbo with natural leather interior??/
Your medical insurance should pay NOTHING. All bills are to paid for by the lady's insurance. As a matter of fact, if the medical insurance company finds out that they paid for services that were accident related, they will demand reimbursement from you.
ALL costs, including medical, rental car, loss of work days, etc are to be paid by the lady's insurance company. Sounds like you need a new agent that will fight for you.
sounds like it to me. I've recruited a lawyer and I will have all medical bills and perscription charges sent to my my auto insurance from now on. Thanks for the tip. This is my first accident and I appreciate everyone's help.
I'm with the others here. I still fail to understand why your insurance company is handling things for you and not hers?...and why you're fighting over value with your comapny and not hers.
If it is you that are with USAA then you must really be laying down. I have had USAA since I was 16 years old and they have been awesome! When my car I referred to was totaled by another hat ran a red light, USAA paid to me the total loss agreed price on the car. Sure they threw a low number out but like I said I went armed with the ENTIRE range of choice to buy so I can show what they NEED to pay and then settle on a good fair amount. The only reason I went (and USAA rec'd it) to pay out of my ins and then have USAA collect from the others is that I got my money practically immediately.
As for medical. I used my Un/Under Insured coverage to cover bills until the other company kicked in. I had a friend that was a lawyer draw up a DEMAND letter for my med bills (something like 2-3x bills) and the other company had a check to me within the week.
Don't take this the wrong way, but you are probably letting them deal with you the way they are. TAKE F'IN CHARGE! They work for you, you pay the bills, and you are the insured. They will gladly collect your premiums and then DEMAND payment when you are late with a payment so DEMAND the same back.
I haven't quit giving my insurance company crap for their low value. I don't have work or school for the next week and I plan on spending every waking moment calling and complaining about the low value and giving them comparables.
Why should I be dealing with her insurance company? I was under the impression that my insurance company will be reimbursed by her insurance company.
Your agent will be able to explain to you the exact procedure that follow to recoup of money you get. Stay on them about the ACV and do NOT settle until you feel it is fair. Obviously you can't ask for the high end as your car was very high mileage. Find a number in the middle and tell them that is NOT up for negotiation and how you arrived at that number. Explain to them this isn't a car lot haggle session and you have no desire to play the back and forth which is why you decided on the value you did so that it was fair to both parties. Besides, they will get this from the other company anyway so they should agree pretty quickly.
Do you all agree with my value of $51-52K? Do any of you know dealers that would support my value even with the high mileage? I mean like I said my ins agend said they only deducted $371 for the mileage.
The insurance issue is because of Delaware Law. Delaware law states that each party's insurance company is responsible for their insured and they then go after eachother for reimbursement.
Also, I paid more for my wheels and the metallic paint when I purchased the vehicle so the insurance company has to pay me what it would cost to buy the exact same car.
NAVY, you are getting a lot of great advice from people who have experience in these matters. I have met Dell personally and I think you should pony up the $30 in membership to Rennlist so you might even wind up with some additional local expertise. I know you may not want to hear this from a middle aged Marine but I am guessing you are beginning to understand the Rennlist brotherhood.
Cheers brothers, from Nantucket Island, where everybody is above average
Steve
Jim, sorry to hear about the accident and loss of the car. I'm glad to hear that you're mostly okay, but sorry to hear that you did get hurt. Stand up and fight and don't let them screw you. You had a great car, don't let them short-change you.
I have to agree with Dell. Although USAA does not seem to be quite what they were 40 years ago when I signed up .... they are still head and shoulders above most others.
I have made 3 total loss claims against my policy over the years (teenage drivers .... honest), and each followed the same scenario as described by Dell.
1. USAA calls with a low-end offer
2. Armed with much info, I counter with, "can you replace my car in the ATL area for that"?
3. They ask what I think is fair.
4. They call back in a day or two to say the check is on the way.
I just had a collision in a VERY similar incident (less damage for me, though). 80 year old lady crossed double yellow into oncoming traffic - me. USAA is also my insurer. Evidently, according to the dealer, the adjuster low balled the initial repair requirements (as in he didn't even include the cracked radiator - and estimated an after market bumper). The body shop guy contacted them and is working it out. They are waiting for the police report I think to sue the other drivers insurance. It takes them about 3 weeks to get it, according to USAA.
I have State Farm insurance. When my M3 was totalled (100% their fault) the insurance agent took an average asking price of 10 cars in the area with comparable mileage and adjusted for options. I did not get re-imbursed for my BBS's (only "premium wheels" which added $500). I think I got a fair number. Importantly, I also rec'd sales tax in addtion to the agreed upon number. I worked exclusively with my agent and they were re-imbursed by the other lady's insurance. Good luck...the important thing to remember is that you walked away. Now you get to go shopping!
I filed a total loss against USAA for a stolen S2000. They made me right with little effort. They will pay you, just be stern. They should also PAY FOR SALES TAX on the value of the car as part of the reimbursement.
More importantly, do not underestimate the physical injury you have! They may seem like some minor aches and pains now, but if they are still with you in 5 years, you are not going to be happy. Remind USAA that replacement cost of the vehicle is the small end of the claim.
Sorry to hear you are going through all this. It sucks when you are the victim and you have to fight to be made right. In all honesty being with USAA is probably the best case scenario. I've been a member for 20 years.
Andy
I second the "do not underestimate the physical injury you have" comment. A kid plowed into the back of my car in 1978 and I suffered some whip lash. I did get some treatment and felt fine the next 4 to 6 years. Since then, my neck has stiffened up considerably and I have diminished range of motion, especially when turning my head to the left. Don't treat this as a temporary injury because it very well could get worse as you get older.
As much as it pains me to disagree with Dell, he is wrong here. They'll get what they can get, but if they overpay, they'll eat the difference.
Otherwise, all the other info is spot-on. And I also have to add a thumbs-up to the comments about USAA. They are not what they used to be, but they do still provide very good claims service.
Best of luck.
Regards,
Michael
I'd be glad to pay the membership fee once I get my car paid for. How would I go about doing that? I do appreciate everyone's advice and I have gotten an attorney for my injuries but they also want to be involved in the property damage battle.
NADA value is $49,000 which is $10,000 less than KBB. I think $49,000 which was collected from auto trader in my area is a good starting point. I think 75% of the alue of my options is fair to add on which would include Sport Techno wheels at $3995 which none of the auto trader cars have, $995 for metallic paint and then the Fabspeed exhaust at $1000 which they agreed to compensate me on. Also, in Delaware we don't have sales tax or registration tax but we do have a 1.75% registration fee which totalled $1600 in my case.
The car is a 2003.
A couple points.
1. 75% is NOT a fair add-on for the "options". There is NO market for them in a sale. If anything they may hinder the sale if the new buyer does not care for them (ie, painted wheels).
2. If you were offered 49K for a 2003 with 59K miles you need to seriously think about taking it (or close to it. Trust me, you are NOT going to get much more than 50-52K. You car is VERY high mileage for an 03 and metallic paint doesn't do jack to help you out.
Dell is right.
You are trying to determine fair market value. What you paid for options is irrelevant, it's a sunk cost. The only way to prove they are worth anything is to find cars with the same options and see if they sell for a premium to similar cars without.
Insurance people are mostly reasonable. They want to settle your claim and move on. That's not going to happen if you argue that your car is somehow special and more valuable than all the others on the market. Keep your expectations in line with reality and the process will be much quicker and easier. If not, you're setting yourself up for increased aggravation.
In our area (Delaware) the values are slightly more than I think some of you expect. I reviewed Black book wholesale values which clearly show in my mileage class the wholesale value in Delaware to be $51950 w/o additional options (wheel package and exhaust).
The car will be parted out. Someone will make out like a bandit with the exhaust and wheels and I would like to see some of that money back in my pocket.
Pictures soon!!!
Parted out? So did you buy it back from the ins company? You can't part out a car that is totaled as it does not belong to you at that point. They will not let you "double dip" on the payout.
Anyway, hope you get the best you can get but I hate to break it to you, 52K is NOT wholesale on a 2003 with 59K miles. Just not even close.
No, no. whoever buys the car at auction will part it out. and I believe you're right. I don't know what numbers are what. I got the offer of $50,000. should I take it?
You are a wise man
That 50K will get you a great car. There have been MANY guys here in the board that have reported getting into a C4S for 45-50K for low mile 2002's in the past couple months.
If you find any that you are interested in start up a new thread and get input from the guys here. There is a wealth of knowledge on this board to help with your purchase. Especially if it is out of town and you need somebody to help with a PPI or even just a quick look at it before you go further.
All the best!
I think it exploded with the bottle of tire shine foam. The front of the car was on fire. There is no way it could have survived and I couldn't get to it so I just didn't mention it to the insurance company. I did get the solenoids off at the impound lot.
Wow! You are so lucky! That could have caused you some serious damage. You're also lucky that the insurance adjuster didn't see the burned out bottle and ask about it.
So where are the photos (and the full story of what happened)?
Regardless of what anyone on here says, some states state specifically how total losses will be valued, you can check as many websites as you want, but if your state requires a different method, the Insurance company must follow the states rules.
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