Totaled the 40 now what???

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Joined
Sep 20, 2022
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553
Location
35th parallel north
The little experience that I've had on a jury suggests to me that you really need to get off the public side of the internet if you need an attorney. Judges read these threads, they want to know who follows who, who is friends with who, etc. That pic above is risk worth managing. Like how can you get expert Cruiser opinion if you are best web buds?
 
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Joined
Jul 8, 2020
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79
Location
OREGON
I'm not even bothering to go through insurance on my LN repairs.. just doing it myself because I'm scared it would get totaled out
 
Joined
Feb 24, 2019
Messages
86
Location
Woodbridge, VA
Do most people on here have insurance through their normal insurance company? I have my 2 older Land Cruisers through a classic car insurance company with an agreed to payout amount for this exact reason. This makes me want to renegotiate next year for a higher payout.
 
Joined
Jan 6, 2011
Messages
1,252
Location
Salisbury, N.C.
No real experience dealing with insurance companies as I was a single car accident on ice. I hope once that is all settled,you are able to keep the 40. Mine went right to a body shop with a frame straightener. After a double barrel roll followed by two end over end, the frame was a little racked. Short story is the fact it was put back right by the body shop and rolls straight. Tough machine
 

FJBen

SILVER Star
Joined
Apr 1, 2004
Messages
6,637
Location
Northern Colorado
Who is your insurance company?

Who is their insurance company?


A lady hit my daughter in our 2006 tundra double cab. She pulled out of a Chick-fil-A line tired of waiting right into my daughter. Hit the rear doors and down the bed. I came right away, that lady was crying saying it’s her fault heres my info. She’s a grandma, feels awful and would hate if her grandkid had something happen.

Next week her insurance geico or something like that is saying my daughters fault according to the lady. They want pictures and us to pay. So 2 months go by and they finally deny and say it’s all my daughters fault.
I have State Farm, called them and gave them the info and all pictures, 3 hours later the ladies insurance company called asking where to mail a check to us.

As has been said, the at fault company will do anything they can to cheat and not pay. State Farm said you pay for us, this is our part to help you whether it’s your fault or not.


When I rolled my 55, even my State Farm insurance threw $3,500 initially at me. Uh no! This was in early 2000s and I ended up $10k more from pictures, receipts, comparables and lots of negotiating and keeping the rig. Your value is way way higher.


If there is injury like you say, get a lawyer Becuase you could be in for a long haul of pain and a little cash up front will only fix your cruiser, not you. Would suck to not be able to drive the cruiser anymore Becuase your body hurts too much.
 
Joined
Mar 6, 2019
Messages
53
Location
earth
Both insurance companies work together to cheat the customers. They make less money if they pay you more.

I would not accept the "totaled" opinion. Get it out out impound ASAP. Possession is 9/10ths of the law.

Gather comps and send them. Do not settle. Bring in the personal injury claims. You need to get nasty.

Been there and done it, sorry to bring bad news.
 
Joined
Oct 1, 2021
Messages
162
Location
Ventura
Had an insurance adjuster tell me only 1/2 the radiator cost is covered because the radiator was leaking on the passenger side and the accident damage is on the drivers side. In this case I was trying to get the car totaled and insurance was doing everything they could to not total the car. Got lucky, the body shop discovered the transmission housing was cracked and the car was totaled.
 
Joined
Jun 12, 2008
Messages
342
Location
Newberg, Oregon
I appreciate everyone’s reply, nice to have people all over the country whom you’ve never meet support you and show sympathy and empathy. I took all of the advice and wrote a strongly worded email back to Allstate with half a dozen different comps (thank you, bripars40.) The 40 is not perfect but you are all correct, I can’t replace it for that. Let alone all of the hours and time spent with my kids working on it (no monetary value.) My insurance company, Traveler’s is worthless, her company is Allstate. I will get a stated value policy next time, that goes for all of you. Get a stated value policy!

I did not check any damage, I was a bit in shock after it happened. Removed my personal belongings, and rode with the tow truck to the body shop. There was oil leaking, not sure if it was from the filter, pan, or…the frame is toast, the roll bar was pretty jacked up, leaning forward pretty good. I will do my best to buy it back. The kids want the wrenching time, when they are in that thing, there is no care in the world, no fighting, just turn up the tunes and let their hair blow.

Thanks again, everyone! I will keep you all posted.

Carlos
 
Joined
Jun 13, 2022
Messages
568
Location
Nashville, Tennessee
I had to deal with Allstate when someone hit my wife's vehicle. It was a pain. It was their client's fault, and my wife's car was totaled. They didn't want to offer me jack squat. I went rounds with them, and never agreed to their low-ball offers. Ended up working out okay, but had to talk to several different people at Allstate because they kept pissing me off, and I kept refusing to speak to those people. By the way, I guess you've already figured this out, but whenever this is over, I would dump Travelers and get a better company. I have a localized company (Farm Bureau), but I've dealt with State Farm before, and they seemed really good. Best of luck to you!
 
Joined
Nov 6, 2013
Messages
790
I'm sure I'll be corrected if I am wrong but, if it is written up in the police report that it was the other guy's fault then his insurance is the one that pays and your insurance Co. should help you get the money.
Some years ago I had a run of people smacking my vehicles.
Nothing as major as yours but I simply got an estimate and the other driver's Ins. Co. paid up.
I then did my own repairs at almost half the cost and pocketed the rest.
This happened three times in two years on two different vehicles.
I was worried someone might thing I was running a scam.
I owned both cars.
Seems if you own the vehicle and the other driver was at fault then you should be calling the shots.
 
Joined
Oct 8, 2022
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Location
Taos, NM
I'm sure I'll be corrected if I am wrong but, if it is written up in the police report that it was the other guy's fault then his insurance is the one that pays and your insurance Co. should help you get the money.
Some years ago I had a run of people smacking my vehicles.
Nothing as major as yours but I simply got an estimate and the other driver's Ins. Co. paid up.
I then did my own repairs at almost half the cost and pocketed the rest.
This happened three times in two years on two different vehicles.
I was worried someone might thing I was running a scam.
I owned both cars.
Seems if you own the vehicle and the other driver was at fault then you should be calling the shots.
I'm going through this situation right now. I was eastbound on I-40 near Albuquerque at 70 mph in my '97 80-Series when some dufus tried to merge from an on-ramp directly into the fast lane, which is where I was. Completely destroyed his car (Thank you, ARB!) and Snake Farm decided that my LC was totaled.

This was a very nice LC, built and with less than 10K on the rebuilt engine. Snake Farm offered $9,000. HAHAHAHA!!
A letter was written, comps were listed (if possible, get the VINs for all comps), and now I'm waiting to see what SF's next offer is.

Meanwhile, I've obtained an even more built and less-mile '96 80-Series (180K on the odometer), fully armored, so I'm not in Land Cruiser withdrawal...
 
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Joined
May 9, 2021
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Texas Coast
I am not familiar with the law in Oregon, but in Texas there is no direct action against the at-fault party's insurance company. Instead, the cause of action lies against the at-fault party. Her insurance company owes her a contractual duty to indemnify her up to her limits for property damage, loss of use, and personal injuries. If her insurance company, Allstate, low balls you, (at least in Texas) your recourse is to file a lawsuit against Allstate's insured who is the party that caused the wreck. The issue that the Court or jury would be presented with is: What was the fair market value of the vehicle immediately before the wreck? Fair market value is usually defined by law as something along the lines of: What would a willing buyer pay a willing seller for the vehicle? Evidence would be comparable sales.
Understand that in the insurance industry adjusters have different levels of seniority. Often, the lowest level are assigned to property/total loss. These folks simply look at a computer screen that shows them the amount to pay. They don't have much authority and don't want to exceed that for fear of getting fired.
Unfortunately, the only real way to improve your situation (leverage) may be to file a lawsuit against the party that caused the wreck. She, in turn may raise hell with her insurance company, Allstate. In the lawsuit, Allstate would have to hire an attorney to defend its insured. Your hopes are as the case proceeds someone hire up within Allstate would step in and offer you more for your vehicle. The problem (which Allstate well knows) is very few people want to go through this lengthy and costly process. They (as do all insurance companies) bank on the fact that most people will simply give up and settle. Insurance companies like Allstate know that you would probably have to go hire an attorney who will charge you a fee and that the process would drag on for over a year. You can gross more in the lawsuit and net less.
I would be happy to visit further if you wish feel free to PM me.
Again, I'm sorry that you find yourself in this situation. I wish you the best possible outcome.
Mark
 
Joined
Nov 6, 2013
Messages
790
Back in 1971 I was rear ended by six cars that were shoved into me by an eighteen wheeler.
One of the six cars was a rental from a very popular company at the time.
I got a bill from that rental agency for damages to their car.
I was with triple A at the the time went down to the office and showed the agent the bill.
He pointed at a stack of papers four inches high and said they were all bogus claims like mine.
As he threw my bill on the stack he said don't worry, "we will send them a letter telling them to f*** off".
If your Ins. Co. is worth a s***, they should fight for you.
After all, that is what you have been paying them for isn't it?.
 
Joined
May 3, 2009
Messages
1,108
I would say that it's easily worth twice what they've offered you. Is that insurance company one that will allow you to 'buy back' the vehicle? Some do, and some don't. I would first find the answer to that question. Then, I would decide if it can be repaired, and if I wanted to do it.

So sorry for your accident. I really feel for you. I almost never drove my '78 when I lived in Portland because of how easy it was to end up on Macadam or in the Terwilliger Curves in the pouring rain with a bunch of people driving bumper cars (unibody construction, airbags, four-wheel anti-lock disc brakes, etc). I currently live in a small city and have to use my 40 as a daily driver. I'm always surprised how relieved I am when I finally get it back into the driveway at the end of the day. I'm keep wondering what I'll do if I get in an accident and have to replace a frame or tub at today's inflated prices (Aqualu maybe?). I will say that I've never had a frame number inspected in the Portland Metro area. They only glance at the door plate.

Like someone else said, you also have the option to go through your insurance company, and let them recoup the money from the other party's insurance company. I would say that you would have a much better chance of getting more out of it that way. The bad part, is that your insurance might look at that claim and decide to raise your premium. Sorry that happened, and hope you don't suffer any lasting effects from it.

Had some ditz in a Ford Exploder try and use my partner's Civic as a launch ramp in SouthEast late one night a number of years back. We had full coverage and went directly to our insurance company and said "Fix it.". They totaled us out, I bought the car back, and then hung around the repair shop we chose for two weeks telling them what I wanted done (or re-done) and how. When the car was finished and I was happy with the result I paid them. I then sold it to a neighbor for their teenaged daughter to use at college in the Willamette Valley. I wanted to keep it but my partner wanted something... taller. The Civic was as good as new and drove like it as well. I'll stake my reputation on it. It technically never even had an alignment done because I was demanding as to how the repairs were carried out and to what tolerances I would accept. We broke even on the deal but the car carried a "salvage" title after that. Our insurance company then went after the at-fault driver's insurer.
 

Roastchestnuts

TLCA #28675 Salt wagon Fj40
Joined
Oct 15, 2019
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774
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Ocracoke island North Carolina
I Lucked out with my Fj80 and a bad roll over accident. I posted about this on Mud in the 70 series section. The thread is called "going from a fj80 to a kzj78". For reference this happend a year ago on veterans day weekend. 1. We lucked out because we both survived. My fiance broke her neck but is doing much better now. no lasting effects from the injury. We were going 70mph when we started to roll. 2. Geico actually gave me $14,000 for the 1991 3fe fj80. I have no idea why they gave so much. I am very happy to get that much. I actually payed 6500$ for the land cruiser about 1 year prior and then put a stock height ome lift and 33x10.50 bfg tires and did many of the typical land cruiser repairs. I often wonder if I could have gotten more. But honestly at the time I dont know if I was thinking strait quite yet. And I would have gladly payed money to have the same out come health wise.

in 2019 I had a 3rd gen 4runner that I payed 6,000 for and it flooded over the door handles to about the mid point of the windows during a hurricane. And Geico tried to give me 2,000$ for that. I fought them and got 6500. And I still felt that was low. (this one had 60,000 original miles. it was a real shame it flooded with salt water)

Some things I have learned with these two experiences. 1. Even though my fiance was driving this during the roll over, I am really terrified still to go 55 in any vehicle. and 2. I think a-lot of the time it depends on the insurance agent you get. There is also the fact that they were both very different circumstances. I now also use farm bureau insurance because I get a person in NC on the phone when I call them. I got tired of dealing with different people everytime I called the insurance.

Like everyone has said, I think it would be worth trying to get more.
 
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Joined
Mar 6, 2019
Messages
53
Location
earth
" I will do my best to buy it back."

OMG! That is theft on their part. IT can be rebuilt. Get it back ot your house or someplace they can not find. They have no right to seize YOUR vehicle and hold it hostage. Watch them have it destroyed behind your back.

Check with the police and see if you can file a police report alleging theft and compel it's release.

IN the future have all vehicles towed to your house until it is sorted out.

IN the accident alluded to in my pervious post, they stole my car and made it difficult for me to even look at it.

Frankly I'd go the the yard with another wrecker and remove it myself. Bring bolt cutter. Have the cops stand by.
 
Joined
Nov 6, 2013
Messages
790
I really feel for the OP's dilemma.
Here is another experience I had that maybe could be food for though.
In 1976 I answered an add for a travel trailer.
The person selling the trailer was an Ins. adjuster.
He had a late model motorhome he was working on.
I could see where it had been in water up to the first step and barely any sign of damage to the floor and I am sure the water didn't get as high as the spark plugs on the engine.
He told me he wrote it off as a totaled and then bought it for the proverbial song.
He was quite smug about it too.
 

middlecalf

SILVER Star
Joined
Jul 20, 2004
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4,852
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Sweet, Idaho
Rather than 80k+ new IRS agents maybe we need some additional insurance adjuster audit agents.
 

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