I'm not sure if this is inappropriate to post in this section, but I am desperate at this point. My wife recently totaled our WELL taken care of 2014 LX570, and USAA is basically treating it like it sat at the bottom of the ocean for its entire life. I have been using Claude to battle the USAA claims department for almost 2 months now while balancing work, an MBA, a wife, two babies, and a dog. I feel like I am talking to people that live on another planet, or are being knowingly deceitful. I am at the point now where I need to find an independent appraiser in the Northern VA / DMV area to try and tip the scales in my favor. Does anyone have any recommendations that could help me?
Wrecked LX570
- Thread starter novamarc
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Find comps within a 50-100 mile radius as well as kbb or another appraisal type thing present it to them as facts cant argue with facts. Worst case scenario sue the s*** out of them insurance companies dont like lawsuits. I have done this numerous times because of them playing games. You can file a lawsuit by yourself you dont need attorney.
Filing a lawsuit in Virginia costs $30 to $75 for Small Claims Court, $50 to over $100 for General District Court, and $134 to $367+ for Circuit Court,
Filing a lawsuit in Virginia costs $30 to $75 for Small Claims Court, $50 to over $100 for General District Court, and $134 to $367+ for Circuit Court,
+1 for getting comps. When I totaled my 200 I literally compiled a list of about 20 200s similar to mine. The challenge is finding comps near where u live.
I’m no lawyer but my son has sued a car dealer in small claims (Kansas). The lesson learned was that small claims court (at least in KS) has no mechanism to enforce collection. While he won the small claims suit, the dealer just ignored it. He had to go to a district court. USAA would probably behave differently than a car dealer. Hopefully, you can avoid any kind of court.
I’m no lawyer but my son has sued a car dealer in small claims (Kansas). The lesson learned was that small claims court (at least in KS) has no mechanism to enforce collection. While he won the small claims suit, the dealer just ignored it. He had to go to a district court. USAA would probably behave differently than a car dealer. Hopefully, you can avoid any kind of court.
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- #4
I have provided at least 10 comps, 2 of which were recent sales from Bring a Trailer that rated WELL above USAAs cash offer settlement, and USAA tried to tell me that a sale of a vehicle is not indicative of a vehicles value - I am not sure if they know what an economy or a market is at this point. It actually looks like USAA was involved in several class-actions for this exact scenario.
We ran into this issue when someone jumped a median and ran into the wife’s c63s at a stoplight. First of all PI lawyers don’t care about the car so they’re no help. Insurance companies don’t like to use BaT/CnB because they say it’s not reflective of the market. So you have to find local comps which isn’t always easy.
We didn’t hire them but I did get a bunch of ads for Collision Safety Consultants. They are pretty highly rated. I think they are a flat fee of like $500 or so. Might be worth a call.
Do you have any Toyota/Land Cruiser specialty dealers nearby? There’s some dude on Cars And Bids that only sells LC’s, I think he’s out of Hagerstown MD. If you have something like that close by I would use them as a comp.
We didn’t hire them but I did get a bunch of ads for Collision Safety Consultants. They are pretty highly rated. I think they are a flat fee of like $500 or so. Might be worth a call.
Do you have any Toyota/Land Cruiser specialty dealers nearby? There’s some dude on Cars And Bids that only sells LC’s, I think he’s out of Hagerstown MD. If you have something like that close by I would use them as a comp.
That is typical of smalls claims court in all states. One gets a judgement but enforcing it, if not paid requires a second suit. The second suit will be in the form of writ then allows the sheriff to seize assets. I have been SCC a couple of times, in one case after the judge issued the instructions, I joked that with the airline's lawyer that I always wanted to own a 747. No writ was necessary.
For the OP, do you have any fiends who are lawyers who might write a letter that you put together? If the insurance company will not come to an agreement. A "friendly" letter from a lawyer might change their mind.
I went around and around with USAA when my heavily modified fj-62 was totaled. Eventually I overwhelmed them with receipts, made them not use comps from salt belt areas, and they agreed to assess it through their "special vehicles" department, which netted about 10-15k (don't remember exactly) above what I was asking for. If yours is modified, make sure you are sending them all receipts. It was an ordeal though.
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I think Land cruiser Heaven is the dude/shop you're referring to, I guess I could reach out to them and see what shakes out.
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My Rolodex is full of consultants but no lawyers unfortunately.
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I have been battling the salt belt argument since day 1 when USAA/CCC showed me their garbage comps. I was unaware of the special vehicles department, not sure a bone stock LX570 would qualify under their rules unfortunately. How did you find out about that, and was it just the receipts from all the aftermarket parts, or was part of the argument that this vehicle just rare at this point?
Do a quick search on lawyers who deal with this situation every day. Here in Washington State there is a lawyer that negotiates insurance company payouts for a flat $500 fee. My guess is you have one locally. Seems to work.
When you are doing comps do not forget to add sales taxes and tags your state charges. I was hit by a USAA policy holder years ago and had to sue the policy holder in small claims to get a USAA adjuster to even show up. USAA is absolute garbage to deal with.
Delay, Defer, and Decline....the insurance model and MO! They know that our legal system is broken and overwhelmed....also practicing in the delay and defer expecting people will just give up or decide it too expensive to pursue justice.