nickg

i just went thru someting like this. I had a jerk rear end me here in my 04 tacoma. I argued with them for 45 days...to no end, i climbed the ladder again to no avail, so i just paid the $34 and sued them, the guy who hit me and his employer who owned his car....i got paid. within days of themn getting the summons for court. I had a person call and try to negotiate, but i said that i tried and was done , i told them what the repair cost, and they paid it, and diminished value on my truck, which i promptly traded in on a tundra with the dv payment as a down check. You need to realise that it costs nothing to sue, name as many people as you can, serve them all and see what happens. I knew that for the company to send their lawyer, the guy who hit me and the insurance company's laywer would add up really quick. I told them i knew and at first they said they did not care, i called the bluff, you need to protect yourself .

Izzy

The D90s were replaced with the intention of me rechroming them, but the cost was so high I said screw it. Someone listed D90s on a porsche forum awhile ago for $200 a set, went to go buy one (in excellent condition) and they were all sold. Ideally, I'd like to put D90s with perfect chrome back on it with my existing tires.

I'm going to have to pay for a new transmission out of pocket. Damn insurance companies.

linust

Izzy--

From your posts, you sound very accomodating and non-confrontational. I hope I'm wrong, because from what you described, the other driver is at fault. In that case, their insurance company should be working to restore you (economically, physically) to the state you were in just before you were hit. Don't let the insurance company screw you.

Put together a logical argument for what your car is worth--it better be a h*ll of a lot more than $3500 or even $4500 because I just put together my '89 S2 for $3250 plus the cost of a replacement head (used, but not broken like the original) and about 20 of my hours (admittedly I'm not a pro, but then I've also been privileged to crew for a WCTC team more than once I would expect my car (122k miles) to bring at least $7k right now.

You've received a lot of good comments here in this thread...sit down and review them again, and you should be able to come up with a good plan. Years ago, I had to do this for my folks then 2 yr old Jetta GLI 16v. The initial offer from the adjuster was about 40% less than we considered acceptable. On further review, the adjuster tried comparing the car to non-GLI cars with substantially different equipment levels and mileage. I pointed out these differences and the scarcity of this model, its German manufacture (vs Mexico for most others) etc. It took about 5 weeks, but we ended up getting the amount we felt fair.

Good luck

Tom R.

izzy,
you keep mentioning work that was recently done. what was that work, and how recent to the time of the accident was it?

also, stop trying to patch your car up, get the most $$ you can, then source cheap parts. if the tranny is bad get them to admit it then just get the money.

Izzy

I'd fight the transmission decision, but after speaking to 3 mechanics I've learned insurance companies require CSI style investigations related to mechanical issues. All mechanics have told me there is absolutely no way to convince an insurance company the damage was caused by the accident, because it can all be caused by improper driving. Sheared gears, damaged synchro rings, etc can all be attributed to improper driving/shifting, and even if this damage was found, they tell me theres no chance in hell of convincing an insurance company it was related to the accident. And I'm pretty sure thats what they're going to find.

Tom R.

so what is the work that was recently done to the car? how many miles on the car, etc. list the car here like it was for sale right before the accident. we cant help you without more information.

Perry 951

Izzy -

Obviously anyone (including the adjuster who you are working with) can look at the photos of your car and see that their insured damaged your bumper. Obviously anyone (including me, as an adjuster and one who knows a hell of a lot about autmobiles) cannot see their insured damaged your transmission. Think of the abuse placed into that tranny for 20 years of use. Think of the forces from your loss and what they would be in comparison to the 20 years of use. Sure, gears, linkages, bearing, etc can be damaged from impact, but impact damage is typically easy to see. Have someone check the linkages for signs of alignment issues, such as being bent. I suspect this is your problem and not something internal.

Again, anyone who makes the claim has the burden of proof in their lap. As you are the one claiming the accident did damage to the tranny, you have to prove it, even if it costs you money. If you convince them that the damages were a result of the accident, then you kindly ask them to replace the tranny and the costs you spent to prove the claim.

I'll give you a real world situation. 2005 Corvette, 2001 Volvo Semi Truck. Semi truck backs into the Vette at a gas station, damages the bumper and pushes in the bumper strut. No other damages could be seen. The owner of the Vette claimed the tranny and drivetrain were damaged, a $18,300 claim. He spent lots of money in court costs and investigations and lost it all, including my companies costs to defend it, about $26,000. The ruling? The force of impact was not greater than the daily forces applied to the vehicle in normal operation.

Even with your moderate hit, I'd bet the ruling would be mechanical breakdown due to age rather than the force of impact. Ask for $500 in new linkages and labor, $3000 for body repairs and labor, no salvage title, and call it a day. I'm pretty sure you could easily substantiate these numbers.

Tom R.

brian,
i think they offered hom 3500 to total it.

AznDrgn

Just off the top of my head I know Izzy just had rebuilt control arms installed, new timing and balance shaft belts, and had some electrical issues fixed. I'm sure there is a hell of a lot more but that was in the past 2 weeks.

Izzy

193,000 miles on a 1989 S2. I paid what I believe was a perfectly acceptable price for it, well over the totalling amount they offered me. Had about $3000 of initial work put in including timing belt, which turned into rebuilding the whole front end of the engine since all components were the originals (rollers, timing chain, I **** you NOT). Timing belt had been replaced last when the previous owner let it go till it snapped. Cylinder head rebuild 60k miles ago. Another partial head rebuild weeks ago. New control arms, steering rack, tie rods, bushings, sway bars. Diagnosing many electrical problems involving lights and gauges. New speakers and stereo in my possession, new Konis all around, not yet installed. New brake pads not installed, new rotors not installed, wheel bearings, the same. Cooling system diagnostics to the tune of a few hundred dollars. Almost a perfect body except one tiny unnoticable dent in the left rear quarter, I can't even feel it and you have to know its there to see it. Interior is close to perfect, no mats and needs a section of drivers seat reupholstered, plus $200 or so in random interior parts. It drives beautifully and pulls 10x better than my 944NA. All in all, close to $11,000 for the car, all repairs, and parts that are in my possession yet not installed. The car worked perfectly out of the shop now I'm stuck knowing its going back in for another few weeks, after its already been in the shop close to 5 weeks. Asking $3500 , or so the insurance company says. Its definitely getting fixed though, I didn't go through all this work and stress for nothing.

Tom R.

how long ago did you buy it?

forget the shocks and stuff in your posession for the moment (vulture tom thinking of how to get shocks cheap!! )

Take what you paid for it and what you put into it in the last two months (before accident). That is what you want for the car if they total it. Then knock say 500 off for "salvage" and that is what you want to repair the car.

post back with the numbers.

Brian, follow this and tell me where I am leading him astray please. we will get you the proper amount if you follow us.

Izzy

Honestly, I'd take just a decent amount to get the bumper fixed (~$2000 new I figure) and use that to buy a used one/shocks/pads, then the transmission. The trick is getting them to give ME the check.

Tom R.

let them appraise the damage. you do not have to use second hand parts. when they get past 3500 work on getting the value of the car increased.

when they do that work on not having salvage on the title. brian was there when his car had the fire and he didnt want salvage on it, i was there when mine was stolen and had to increase the value.

Perry 951

Correct, my 951 was totaled, I got the full amount I submitted for repairs and still have the clear title. (I could have repaired the car properly with used parts for my settlement amount) VA does not require salvage title submission from insurance companies if they deem the vehicle repairable, so you have room to negotiate keeping it clear. This is worth the time of negotiation. Hell, at $5500 low end for the S-2, the $3500 is only 63.6% of value, well under the 75% rule for salvage in VA.

I'd be careful about telling them you have $11k worth of stuff for it. Say they settle for a total loss, including the parts and work you put into it... they then have the right to retain the salvage if they want, so if they pay for the new parts you got to fork them over. Since you don't have most of it installed, focus on the core value of the car and work off that. Don’t drive up the value artificially. In addition, you must keep in mind that as new parts prices can be used if the appraiser cannot find used parts; however, the appraiser will be instructed to do so. This is where hiring an independent can really help. They will follow the state guideline for parts usage and sometimes can have a better estimate for what is used, and also labor hours since they go by the dealer book time. Try Crawford and Company, Frontier Adjusters of America, Cunningham Lindsey and Associates, GAB Robbins and Co. An appraisal will probably run you $150 or so. You also have the right to several appraisals and arbitration before accepting any offer.

You keep saying you'll take $2k to fix the bumper, why not take the $3500 they offered and work out the deal to keep the title clear? It seems that you would be happier with having the hassle over and done with and a car that is repairable for that amount.

If I were you I'd be on the phone with your adjuster and tell him you will take his settlement only if the title remains clear. Just be straight up, calm and reasonable and you will get what you want. If they deny, start sending them documented proof of the condition of the car, values for the car, and also a letter of intent to retain representation if a favorable outcome is not eminent.

Izzy

They never offered $3500, they only told me thats how much the car was worth in the case it had to be totalled. I spoke with the rep today and they took the liberty of writing and sending out a check for $650 to cover a used bumper, no shocks/pads even though the last ones were blown out, and the costs for spraying the bumper. I still find this unacceptable, so I spoke with their supervisor, and I'm sending every one of 300 recipts via fax over to them Someone posted a few posts up that I didn't have to settle for used parts. The law in VA says as is, I don't know how it works, but if the part on your car is poor to begin with, they replace it with something in poor condition that works. The appraiser had told the rep that my bumper was used and had damage to it... really? thats how things work after you get in an accident, normally things are damaged. They figured $250 for the bumper used, and the one they based the value off of was the ABSOLUTE cheapest on the junkyard site they had used. (car-part.com?) As its been said, this ain't over with just yet.