Hardpan Curmudgeon SASS #8967 Posted January 19 Share Posted January 19 Well, after the December 14 rear-end accident, I've had a month of dickering with the gal's insurance company - suffice it to say that they are a major corporation. Issue 1 - Where it stands now ~ they pretty much insist on totalling the car. After consideral spirited discussion their valuation is a bit over $9k, with a buy-back of $1,750. That gives me the car, and a check for about $7,300. I will be keeping the car and restoring it; there were exactly 1,000 of this model built in 2002 for world-wide sales; she's a classic. And the damage is workable - a bit of sheet metal work, replace the deck lid and "crash bumper," and replace or - more likely - repair the plastic "bumper cover." Quite frankly, I was astonished at the repair shop's estimate of nearly $6k, to which the insurance company added an estimated $1k for potential additional damage. My biggest gripe with this (after having my sweet ride crunched in the first place!) is that it will have to be re-registered with a "Salvage" title. I do not understand why, but the insurance company insists on it. Issue 2 - there is an offer of $1,900 for "Pain and Suffering." I have no idea how they arrived at that figure, and don't know if that's reasonable or not. After the accident I crawled out of the li'l roadster with a significant knot on my head from being launched upward into the tubular steel convertible top bow. When the CHP officer asked if I was injured, I stated that I had a hell of a headache - but did not mention that before he arrived I had experienced wave of vertigo and weakness that fortunately passed. My doc said I needed to get to the ER - which I did, but not 'til the next day (the only hospital in my county shut down over a year ago). I was evaluated, had a brain scan (they found one!), and told that I had classic whiplash symptoms. I had a follow-up visit with my own doc a few days later, and proclaimed on the road to recovery - but it'll take a while. So the knot subsided in a few days, the headache was pretty constant for several days and then started fading - it took about a week and a half to not be constant; now only happens occasionally. Neck and shoulders were quite uncomfortable for almost four weeks - and actually made "grunching" sounds when I'd turn my head. My gerontologist buddy said it could take up to three months, but I'll beat that - only minor discomfort now. I tend to heal well. The worst was sleeping. I still have difficulty getting to sleep; for almost two weeks every night when I'd finally start to doze I'd wake up re-living that *BANG* and the violent punt - I think I averaged maybe three to four hours sleep a night. That sucked. And for some odd reason, I've become a nervous driver. That'll pass, I'm sure! All in all, I'm grateful that no one was seriously hurt. * * * * * That all said, the car itself does not look all that bad - when I first saw it I expected the entire stern to be crushed. The impact was brutal, but I guess the thing is so light that it - and me - pretty much got launched. Didn't even deploy the attacking vehicle's air bags! Deck lids are roughly $450 - $700, depending on whether used or new, and steel or carbon fiber for new. The "crash bumper" is about $100. A used replacement plastic cover could be anywhere from $150 up, and a used starboard tail light $150. And paint ~ will likely have the entire car painted to ensure a match (Sassparilla Kid has a buddy who owns a body shop). Unforunately, it's a 3-part paint and it ain't a cheap color "Blazing Yellow Mica." Oh well. Couple thousand dollars and some sweat equity and she should be back on the road - I hope! 12 3 Quote Link to comment Share on other sites More sharing options...
Pat Riot Posted January 19 Share Posted January 19 “Tis but a scratch” I am glad you’re feeling better. Perhaps some physical therapy would help, especially in the neck area. The problem with a salvage title is some insurance companies won’t insure cars with salvage titles. At least they didn’t insist on taking possession of the car for the pay out. I am glad you’re going to put her back together. 2 Quote Link to comment Share on other sites More sharing options...
Pat Riot Posted January 19 Share Posted January 19 By the way, is that your insurance adjuster there by the bumper shroud? 1 2 Quote Link to comment Share on other sites More sharing options...
Subdeacon Joe Posted January 19 Share Posted January 19 (edited) Are you doing the dicker on your own against Big Corporate Insurance? If so, I suggest that you get a professional, even if it's something like The Barnes Firm. Edited January 19 by Subdeacon Joe 4 1 Quote Link to comment Share on other sites More sharing options...
DeaconKC Posted January 19 Share Posted January 19 ^Joe has good advice. 2 Quote Link to comment Share on other sites More sharing options...
Big Sage, SASS #49891 Life Posted January 19 Share Posted January 19 I'd get a lawyer for sure. 2 1 Quote Link to comment Share on other sites More sharing options...
Cold Lake Kid, SASS # 51474 Posted January 19 Share Posted January 19 (edited) I know nothing about your laws, but perhaps a Lawyers Letter or Notice of Suit for on-going pain and suffering etc. may be in order. In addition, something as rare and unique as your vehicle may be worth something more than the run of a similar run-of-the-mill unit. (For example, my son Big Red's 1962 HERBIE replica is valued at over $45,000.00 (Cdn) by a professional evaluator and is insured for that, through Haggerty's.) Watch your timelines for initiating any legal action. After "questionable" incident with my then insurance company, I was advised, by the agent working on my behalf, to always keep in mind that an insurance company is a business, with shareholders and investors. Edited January 19 by Cold Lake Kid, SASS # 51474 5 Quote Link to comment Share on other sites More sharing options...
sassnetguy50 Posted January 19 Share Posted January 19 Did the repair shop check alignment to see if the unibody or subframes are tweaked or did they do a basic walk around estimate? 1 Quote Link to comment Share on other sites More sharing options...
J-BAR #18287 Posted January 19 Share Posted January 19 The photo of the chicken should be worth thousands! 1 4 Quote Link to comment Share on other sites More sharing options...
Imis Twohofon,SASS # 46646 Posted January 19 Share Posted January 19 Was the chicken injured? Imis 1 Quote Link to comment Share on other sites More sharing options...
Cypress Sun Posted January 19 Share Posted January 19 You need an attorney, one of those big name, hated, ambulance chasers. The insurance company is trying to completely screw you, especially on the compensation for your immediate injuries and provide NOTHING for hidden/future complications. Get an attorney, quick. Let them do the talking and all negotiating for you. Remember, YOU are the innocent victim of someone else's negligence and should receive fair compensation for your property and injuries. 8 3 Quote Link to comment Share on other sites More sharing options...
JD Lud Posted January 19 Share Posted January 19 I would at least ask an attorney or two. I think that they would be able to tell you rather quickly if you have a case…and the insurance company is taking the first stab, hoping you cash that check and are in need of money. 1 Quote Link to comment Share on other sites More sharing options...
PowderRiverCowboy Posted January 19 Share Posted January 19 Pretty much to echo whats been said . As far as accepting a settlement for "Pain and suffering" doing so waives any further claim you might have . 2 Quote Link to comment Share on other sites More sharing options...
Calamity Kris Posted January 19 Share Posted January 19 Best of luck to you and I hope Zelda is back on the road with you enjoying her soon. 1 Quote Link to comment Share on other sites More sharing options...
bgavin Posted January 19 Share Posted January 19 The salvage title is part and parcel of the cash-out for a total. 1 Quote Link to comment Share on other sites More sharing options...
Texas Joker Posted January 19 Share Posted January 19 Depending on where this happened if the car and title never change hands there is no need to retitled. Sounds like you had both shock and a mild concussion. Get a lawyer. if they made a pain and suffering offer it is settled that you are due, now you're just dickering on price. If you accept their offer that's it all said and done. Somewhere in the paperwork you sign will be a statement that says something along the lines of: While we are paying you this money You accept that we claim no liability and going forward. There will be no liability against us. 2 Quote Link to comment Share on other sites More sharing options...
Capt. R. Hugh Kidnme Posted January 19 Share Posted January 19 Salvage title will lead directly to higher insurance premiums for you......... 1 Quote Link to comment Share on other sites More sharing options...
Eyesa Horg Posted January 19 Share Posted January 19 Did you get the engine issue resolved? Quote Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted January 19 Share Posted January 19 Salvage because of the possible hidden damage not being repaired. Title must be “laundered”. 1 Quote Link to comment Share on other sites More sharing options...
Abilene Slim SASS 81783 Posted January 19 Share Posted January 19 Of those recommending an attorney, how many of you have actually hired one under these circumstances and come out ahead when it’s all over? Quote Link to comment Share on other sites More sharing options...
Duffield, SASS #23454 Posted January 20 Share Posted January 20 4 hours ago, Abilene Slim SASS 81783 said: Of those recommending an attorney, how many of you have actually hired one under these circumstances and come out ahead when it’s all over? Good question but a better one would be: "How many who didn't have an attorney feel that they got a fair deal from the insurance company?" Insurance companies now are in the business of not paying claims or so it seems. 2 Quote Link to comment Share on other sites More sharing options...
Eyesa Horg Posted January 20 Share Posted January 20 8 minutes ago, Duffield, SASS #23454 said: Insurance companies now are in the business of not paying claims or so it seems. So true. My chimney partially collapsed a couple years ago. When the adjuster came out and took pictures, he also took one no where near the chimney of a peeling partially rotted piece of trim at a valley. They wouldn't cover the chimney due to "failure to maintain my house". Took to the top and still denied after 38 years with USAA and no homeowner claims. Cost me 9K out of pocket! 1 Quote Link to comment Share on other sites More sharing options...
JD Lud Posted January 20 Share Posted January 20 5 hours ago, Abilene Slim SASS 81783 said: Of those recommending an attorney, how many of you have actually hired one under these circumstances and come out ahead when it’s all over? Just a conversation or consultation is what I would start with . Quote Link to comment Share on other sites More sharing options...
Abilene Slim SASS 81783 Posted January 20 Share Posted January 20 50 minutes ago, JD Lud said: Just a conversation or consultation is what I would start with . Of course. But it must be kept in mind that attorneys don’t charge a flat fee for disputes. The meter is always running, or they get a percentage of the take. Either way, the plaintiff has to consider whether the expense results in a net gain. My experience with attorneys is that when all is said and done, the final cost bears little relation to what was said at the front end. My rule of thumb is that if the stakes you’re trying to recover are less than $10k forget about a lawsuit. You could end up with a net loss after legal fees, or so little gain that it wasn’t worth the aggravation. Small claims court is a viable option in many states. 1 Quote Link to comment Share on other sites More sharing options...
bgavin Posted January 20 Share Posted January 20 The lawyer is the one who always wins. 1 Quote Link to comment Share on other sites More sharing options...
Cypress Sun Posted January 20 Share Posted January 20 13 hours ago, bgavin said: The lawyer is the one who always wins. It really depends on the contract with the lawyer. My understanding is that the lawyer gets between 45 to 75% of the total awarded verdict. An acquaintance of mine hired a well known ambulance chaser. Chaser got 65% of the take, the take being $450,000. He wasn't hurt $150,000+ bad, he was just pissed off at the lowball offer made by the insurance company and made them pay. 1 Quote Link to comment Share on other sites More sharing options...
Pat Riot Posted January 20 Share Posted January 20 I look at having a lawyer and a lawsuit this way. The case will probably take 2 years to come to the end. Regardless of outcome would you want to live with the stress, agitation and obligations of a lawsuit? If the answer is “yes” are you also willing to lose after those 2 years of stress, agitation and obligations? Two years is a guess on my part. Could be shorter. Could be longer. 1 Quote Link to comment Share on other sites More sharing options...
bgavin Posted January 20 Share Posted January 20 Been there, done that. The above are very valid points. Quote Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted January 21 Author Share Posted January 21 Folks, all the above comments and suggestions are appreciated. A few things.... I provided the insurance company ten comps ~ they have a contract company that provided three. They were determined to downgrade the value of my car based on two factors - relatively high mileage (compared to their comps) and deductions for ten "optional equipment" items that their company said my car did not have, based on their VIN research. Their representative literally argued with me, saying the car has a five-speed transmission (it has a six-speed), cloth upholstery (it's leather), basic sound system (BOSE system with disc changer), etc. I had ten comps, they had three, and they totally misidentified the model of my Miata. - I contested this, and literally provided them with the entire Mazda production list for Special Editions, which included Zelda's VIN, and a Forbes Magazine article on this model - plus lots of photographs. - They demanded copies of receipts for the clutch and tires, which I provided (nearly $1,500 spent two weeks earlier). - The net result of this was "Well! Since it IS a Special Edition, we have to increase the 'buy-back' cost to you by $390, but that does not increase the value of the car because it has high mileage*, and we will NOT reimburse you for the work done." (154k) *Note: With a classic car (it is!), mileage is generally considered less critical to value than overall condition. I explained that I did not expect them to reimburse me for the work; rather, that information was to illustrate that the vehicle has been extremely well maintained and in fact is one of the better examples of the model still on the road. I advised them that although my career was in banking and accounting, I had majored in Industrial Arts with a focus on Power and Transportation, and that my son majored in Industrial Technology, and IS a technician and mechanic - all scheduled maintenance items have been met or exceeded. I also told them that not only had I been a department head and project manager for a major U S bank, was a trained appraiser. In other words, I "know my 'stuff'." All in all, it doesn't seem to matter one whit to them - attempts to escalate have just been bounced back to the lower level reps I've already spoken with. Now, regarding pursuing legal action: with a value difference of a couple of thousand dollars, this is most likely not worth the effort. Many hoops to jump through; BTDT. - A similar accident years ago took over three years to settlt, with a net difference of a couple thousand $. - I would have to sue the other driver, who lives in another state. I could do this in small claims court ($10k cap), but again, the net difference could be minimal. - And on the "P&S" part, how much is a ten-day headache, longer stiff and sore neck and shoulders, and lots of sleepless nights worth? They offered $1,900 with a $7500 "reserve" for future medical expenses. Healing up, with no expectations of long-lasting issues - as I'm a Medicaire dude, their money is pretty safe; it would cover reimbursement for co-pay costs. I'll get $120 of it for my ER visit. Bottom line, it's been a significant annoyance, but not the end of the world. Again, glad it wasn't much worse - it could've been. But I'm still annoyed, dangit. 2 5 Quote Link to comment Share on other sites More sharing options...
Abilene Slim SASS 81783 Posted January 21 Share Posted January 21 I don’t know small claims court works in your state, but in Kansas, attorneys aren’t allowed. If you lose, all that’s lost is your time and a filing fee. And possibly gain a lot of aggravation. The upside is you could cause a lot of aggravation for the driver. So in CA, you can’t sue the insurance company in small claims court? Has your insurance company been any help on how to dispute their value? Quote Link to comment Share on other sites More sharing options...
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