That looks like you can slam the hood and just keep driving it.
Got into a minor accident with my truck and insurance says it’s a total loss. (1 Viewer)
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That looks like you can slam the hood and just keep driving it.
OP, that stinks. I don't think there's any way that's totaled. Where in MA are you located?
If you're adding up part prices, you might want to add in a steering rack. Since the wheel was hit and the steering wheel is off, there's a possibility that the rack could be compromised.
A total loss may not be a bad thing if they put a high enough price on it.
A total loss may not be a bad thing if they put a high enough price on it.
- Thread starter
- #64
UPDATE TIME! I spoke with the insurance today, who delivered their appraisal. I've been in contact with them the past few days, and I was assigned someone, but ended up being contacted by someone else entirely. I asked why the original person had not contacted me, and he said: "Oh, I'm a senior agent, and was asked to handle this instead."
Anyway: they gave me an estimate for the parts, including paint and all that. $5,844.12 is what they have for parts. Minus my $1,000 deductible, $4844.12. He then went on to say it's a total loss, so the salvage fee / cost is about $4700, which in his own words "seemed really high, so as a customer courtesy I lowered it to $3,000".
I then asked him what their estimate for my truck's value was, and he said "about $10,000". Then, he went on to say that the truck was a total loss, and that he completely agreed with the adjuster's recommendation of total loss, based on the level of damage...
He again stressed this was a total loss, and offered me around $6,000 to "retain ownership of the vehicle," and said my collision coverage would be removed from my insurance until the truck was repaired and passed inspection. He also said a "total / fire loss" would show up on the vehicle's history.
I told him I would need to take time to think about this, and would be sending him receipts from recent repairs and upgrades to the vehicle, and I am not making any decisions at the moment. I also told him their estimate for parts was extremely high compared to the actual cost of the parts I have researched, to which he said: "Oh, this is from a licensed appraiser, so that is what we go with." I told him I seriously am wondering what qualifications and training someone needs to become a licensed appraiser because there must be a pretty low bar for that.
Anyway, that is the latest updated. They still want to total it, and give me $6,000. I own the title so nothing would change there, just the ding on the vehicle history (total fire loss).
ONE MORE UPDATE: I have found out the driver of the other vehicle had incorrect plates. Neither the plates nor the registration match the vehicle involved in the accident. They said they purchased the car two weeks ago, and are in the process of transferring everything over, so they might not even have any insurance coverage. Additionally, the insurance company said they claimed there was "a lady driving behind me, who was a witness to the accident," and they provided her phone number to the insurance company. There was no one driving behind me. The entire time we were there, no one approached us. There were no witnesses. The insurance company called the number, but got some random dude who "yelled at them for calling a wrong number." They now need to mail a questionnaire to the "witness" and wait for a response before they can proceed with the claim.
How about $6,000, is that high enough? I actually don't mind the history showing a total loss, as I don't plan to ever sell this vehicle (I will drive it into the ground,) and just leave it on my front lawn as a statue when it finally croaks.
I do have their names now, I will do some google searches.
Oh, I agree. I don't understand how this could be a total loss. I just can't. It feels like they are just being lazy, because the truck is "so old," or they are trying to screw me over.
Yes! I have been driving it. It drives fine. The steering wheel is off to the right by about 20 - 25 degrees, but it drives fine. It might pull to the right just a tad, but it's really not bad at all.
The fact they declared it a total loss is driving me crazy.
Are there different laws in eastern mass vs. western ma? I will go as far as to say I am in eastern mass.
Anyway: they gave me an estimate for the parts, including paint and all that. $5,844.12 is what they have for parts. Minus my $1,000 deductible, $4844.12. He then went on to say it's a total loss, so the salvage fee / cost is about $4700, which in his own words "seemed really high, so as a customer courtesy I lowered it to $3,000".
I then asked him what their estimate for my truck's value was, and he said "about $10,000". Then, he went on to say that the truck was a total loss, and that he completely agreed with the adjuster's recommendation of total loss, based on the level of damage...
He again stressed this was a total loss, and offered me around $6,000 to "retain ownership of the vehicle," and said my collision coverage would be removed from my insurance until the truck was repaired and passed inspection. He also said a "total / fire loss" would show up on the vehicle's history.
I told him I would need to take time to think about this, and would be sending him receipts from recent repairs and upgrades to the vehicle, and I am not making any decisions at the moment. I also told him their estimate for parts was extremely high compared to the actual cost of the parts I have researched, to which he said: "Oh, this is from a licensed appraiser, so that is what we go with." I told him I seriously am wondering what qualifications and training someone needs to become a licensed appraiser because there must be a pretty low bar for that.
Anyway, that is the latest updated. They still want to total it, and give me $6,000. I own the title so nothing would change there, just the ding on the vehicle history (total fire loss).
ONE MORE UPDATE: I have found out the driver of the other vehicle had incorrect plates. Neither the plates nor the registration match the vehicle involved in the accident. They said they purchased the car two weeks ago, and are in the process of transferring everything over, so they might not even have any insurance coverage. Additionally, the insurance company said they claimed there was "a lady driving behind me, who was a witness to the accident," and they provided her phone number to the insurance company. There was no one driving behind me. The entire time we were there, no one approached us. There were no witnesses. The insurance company called the number, but got some random dude who "yelled at them for calling a wrong number." They now need to mail a questionnaire to the "witness" and wait for a response before they can proceed with the claim.
How about $6,000, is that high enough? I actually don't mind the history showing a total loss, as I don't plan to ever sell this vehicle (I will drive it into the ground,) and just leave it on my front lawn as a statue when it finally croaks.
I do have their names now, I will do some google searches.
Oh, I agree. I don't understand how this could be a total loss. I just can't. It feels like they are just being lazy, because the truck is "so old," or they are trying to screw me over.
Yes! I have been driving it. It drives fine. The steering wheel is off to the right by about 20 - 25 degrees, but it drives fine. It might pull to the right just a tad, but it's really not bad at all.
The fact they declared it a total loss is driving me crazy.
Are there different laws in eastern mass vs. western ma? I will go as far as to say I am in eastern mass.
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ramangain
Clarksonian disciple
Unfortunately, it is probably their final decision to declare a total loss, or not. If you want to fight this, you may need a lawyer and to enter arbitration.
Use their numbers against them going forward. Value of rig "is about 10k", subtract about $6k to fix it, subtract diminished value for a branded title (do some research), and then take another 1k off, and tell them you want that as the buy-back price, or you won't play ball.
To further play the game, give them proof of value of your rig (KBB in s***tiest condition, trade-in value with a now-branded title) and then subtract their $6k estimate to fix, and another 1k as bargaining headroom.
YOU didn't cause this situation, and you're having to sink your own time into this to make you whole.
If you have an attorney friend who can cut the insurance folks a letter claiming they have been retained as council (for the price of beer and pizza), then that could be used as additional leverage.
FINAL Q - the conversation was with your insurance company, or the other driver's company?
Use their numbers against them going forward. Value of rig "is about 10k", subtract about $6k to fix it, subtract diminished value for a branded title (do some research), and then take another 1k off, and tell them you want that as the buy-back price, or you won't play ball.
To further play the game, give them proof of value of your rig (KBB in s***tiest condition, trade-in value with a now-branded title) and then subtract their $6k estimate to fix, and another 1k as bargaining headroom.
YOU didn't cause this situation, and you're having to sink your own time into this to make you whole.
If you have an attorney friend who can cut the insurance folks a letter claiming they have been retained as council (for the price of beer and pizza), then that could be used as additional leverage.
FINAL Q - the conversation was with your insurance company, or the other driver's company?
- Thread starter
- #66
I don't think the other party has an insurance company, at this stage.
I was talking with my insurance company, who has been the only one to contact me so far. As it turns out, even though the other vehicle hit mine, I was at a stop sign, and apparently because I had a stop sign (even though I was stopped, and their vehicle hit mine) puts liability on me (51% / 49%) unless proven otherwise. What a world. I'm pretty sure the other party knows they are at fault, and this is why they are suddenly trying to produce a non-existent witness to fabricate some sort of story that makes me liable since they likely don't have insurance. Yay!
ramangain
Clarksonian disciple
Holy cow, time to invest in a dash cam going forward
You were parked at a stop sign and they hit you? And your insurance is telling you that you are at fault? I'm missing something here...
Anyways, I'd avoid the total loss marking if possible. That can affect insurance rates, insurance coverage and payout in the future (if it actually gets totaled maybe they'll offer you $1,250 for your total loss vehicle).
The formula is normally pretty simple. They take the vehicle's value and if they hit ~75% of that (or whatever their percentage is), it's a total loss. If you convince them the vehicle value is $15k, instead of 10k, you'll probably save yourself from having the total loss and you'll probably get the same (or better) pay out.
Current 2003 Autotrader listings right now in the US:
Average price: $17,856
Average miles: ~180k
Their valuation is wrong. Correct it for them. If they won't move it, email them a LOOOONG list of 100's listed above their offering price. Craigslist, autotrader, ebay, bring a trailer, etc... They can be convinced - even more so when they state they cannot, haha.
Insurance adjusters love to sound absolute. "There's no movement on this price. It is what it is. Those parts prices are set in stone. The vehicle value is what it is. It's a 20 year old truck, we're not moving the value, etc... etc..." To be blunt, in my experience it's all 100% bullsht. There is negotiating room on EVERYTHING they do. Them using that language is their way of trying to get you to shut up and take the damn offer so they can move onto the next task. On my recent windshield adventure, I was told by multiple adjusters that I was flat out wrong and that they had reached their final answer. Guess what? They changed their answer. You just need to be politely stern, persistent and reasonable. And again, time is on your side. Wait them out. It is detrimental for them to let the claim sit open.
- Thread starter
- #70
Good question. I don’t know but I assumed carfax.
Nope. I was just as stunned as you when the insurance agent told me I was at fault. Her words: “you were at a stop sign, so that automatically makes you liable, until we can complete an investigation.” That investigation is currently on hold because the other driver’s plates and registration don’t match his car, and he is trying to produce a witness that wasn’t there.
Their valuation is definitely low. I need to start collecting information so that I can send it their way and get the value increased past the amount needed to avoid the total loss.
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ramangain
Clarksonian disciple
Retain an attorney. You want civil citations against the other driver by law enforcement written. Start stacking the deck in your favor.
Forget a shred of sympathy you have for the other driver. He shouldn't have even been driving that car.
Also, don't take the word on the MA statutes on the law and culpability from anyone but law enforcement or an attorney versed in the subject.
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Laws would all be under CMR, so the same. I'm in Easternish MA too. I agree with the others, get a bunch of listings of 100's showing more than they value the vehicle at. Insurance companies are in business to make money, not to give money away.
It sounds to me like the insurance company doesn't think you'll stand up for yourself.
My argument would go something like this:
I was at X place on X Date at X time and while completely stopped I was hit by this person. I am gathering that the other party had false registration, false or no insurance, and how has apparently conjured up a witness who was not there. So, I guess that leaves us to work this out.
First, your valuation numbers are off. A national search of every clean title/ no accident 2003 Toyota Land Cruiser on Autotrader put the average milage at xxx,xxx miles and value at $xx,xxx. The repairs on my truck will cost $x,xxx per the attached quote I received from a qualified body shop.
Second, your offer does little to make me whole. I would consider the following acceptable resolutions:
A) Total it and pay me replacement value of $xx,xxx OR
B) Repair it properly for $x,xxx and compensate me for the now diminished value of my vehicle.
In either scenario, I expect any of my medical expenses arising from the accident, and associated rental car expenses would also be covered.
Finally, I do not accept that I am at fault for an accident while in a stationary vehicle. I will not sign off on any solution that does not make me whole.
Please advise how we get this conversation to a more reasonable place or I will be forced to retain counsel.
My argument would go something like this:
I was at X place on X Date at X time and while completely stopped I was hit by this person. I am gathering that the other party had false registration, false or no insurance, and how has apparently conjured up a witness who was not there. So, I guess that leaves us to work this out.
First, your valuation numbers are off. A national search of every clean title/ no accident 2003 Toyota Land Cruiser on Autotrader put the average milage at xxx,xxx miles and value at $xx,xxx. The repairs on my truck will cost $x,xxx per the attached quote I received from a qualified body shop.
Second, your offer does little to make me whole. I would consider the following acceptable resolutions:
A) Total it and pay me replacement value of $xx,xxx OR
B) Repair it properly for $x,xxx and compensate me for the now diminished value of my vehicle.
In either scenario, I expect any of my medical expenses arising from the accident, and associated rental car expenses would also be covered.
Finally, I do not accept that I am at fault for an accident while in a stationary vehicle. I will not sign off on any solution that does not make me whole.
Please advise how we get this conversation to a more reasonable place or I will be forced to retain counsel.
ramangain
Clarksonian disciple
^ Bingo
I might reach out & talk to an attorney- or if you have a friend thats an attorney that might help. Sounds like a SH_T show in the making. And the other drivers -edit: (your) Ins co. is scummy at best by escalating your case to a “cooler” aiming to expedite a settlement for as little as possible.
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I debated on whether or not to post this, as it is a very cynical view of the industry.
But given the above BBB Rating (edit: which denote unhappy customers, but an organization generally responsive to BBB complaints): recognize your relationship with your insurance company for what it is at this point. It is not you and them together VS the person at fault. If the other motorist has no insurance, it is them vs you regarding how much THEY pay.
You can assume thier default position is to maximize revenue and minimize expense. They will try and get away with as much as you let them. What do you think these standard practices, policies and official sounding statements/numbers are designed to do? But, the facts are on your side so don't back down.
If not, your goal then is to make it MORE expensive to jerk you around than just pay you a fair settlement to go away. Accept NO money and don't give up the truck if you intend to go this way. Lawyers, rental cars, BBB complaints, etc.
Then, and only then, get a better insurance company.
But given the above BBB Rating (edit: which denote unhappy customers, but an organization generally responsive to BBB complaints): recognize your relationship with your insurance company for what it is at this point. It is not you and them together VS the person at fault. If the other motorist has no insurance, it is them vs you regarding how much THEY pay.
You can assume thier default position is to maximize revenue and minimize expense. They will try and get away with as much as you let them. What do you think these standard practices, policies and official sounding statements/numbers are designed to do? But, the facts are on your side so don't back down.
- Being 'your fault' is an easy way to hike your rates faster and potentially pay less. Standard policy, certified valuation, company formula, even a vague reference to some law wouldn't mean anything to me. Point me to the statute that says a person can be at fault for a collision when STOPPED at a stop sign or stop yanking my chain.
- Totalled or not is their call, fair settlement or not is your call.
- Get a quote for repairs on your own. If they can do it cheaper with all OEM parts, then fine.
- Do some sort of analysis to come up with your own basis of value. When you have that done and they say it is worth 40% less than that, ask them where you can get a well kept 2003 with no accident history for that? Because if you can't, then that isn't the value.
- Do not accept any money or give up the truck until you have a settlement you are happy with.
If not, your goal then is to make it MORE expensive to jerk you around than just pay you a fair settlement to go away. Accept NO money and don't give up the truck if you intend to go this way. Lawyers, rental cars, BBB complaints, etc.
Then, and only then, get a better insurance company.
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ramangain
Clarksonian disciple
Did ANYONE get a citation when the cops showed up? If so, who and for what?
ramangain
Clarksonian disciple
Did the other drive turn too wide and clip you? Did he swerve into you while going straight? Were you stopped over the line and the other driver clipped you to try and teach you a lesson?
I've lived in MA before. It is common practice to "pull out" to hinder traffic coming from the left so that you can make a left turn when there is a gap on the right. I'm just stating fact.
I've lived in MA before. It is common practice to "pull out" to hinder traffic coming from the left so that you can make a left turn when there is a gap on the right. I'm just stating fact.
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This all sounds so familiar! 2004 with 215K miles. I was backed into a parking spot at Home Depot and was backed into by an old Infiniti. Same front driver corner. It folded my bumper under and wrinkled my fender. Broke my blinker light housing and bent the metal trim under the light pretty bad. It did not bend the hood or the wheel/axle, but you could tell it was a pretty hard hit. Other guy had USAA. He never called his insurance company so I called and filed under his insurance and started the claim under the guidance of my insurance agent. Went out and got an estimate and it came back at $4,400. It took USAA two weeks to come back after the other guy accepted liability. USAA then assigns an inspector which used my pictures I submitted to USAA and the estimate that I turned in for $4400. I was worried about getting "it's a total loss" phone call. Another week goes by and nothing from USAA. I never got another call from USAA. I had to call them and finally got the adjuster to admit they are working on issuing a payment for 3100 and had to ask why it was less than the estimate and the adjuster said "well if the repair shop needs more they will submit for an increase" Long story short---I replaced the light, loosened the bumper and "massaged" the fender back and order a new ARB bumper.
Just keep fighting with them! My insurance company coached me through what to do if they delayed the payment more than 30 days.
Just keep fighting with them! My insurance company coached me through what to do if they delayed the payment more than 30 days.
