944 'Totalled'
#61
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Void the check when it shows up and return it to the adjuster.
Like I said, they can use OEM new parts if like kind and quality or aftermarket replacements are not availible. For anything mechanical/electrical, they can also take betterment/depreciated value if OEM or AM new parts are used.
Like I said, prove the value of the car as a core so you have a foundation to start the settlement with, and keep enjoying the rental until they settle the way you want.
Like I said, they can use OEM new parts if like kind and quality or aftermarket replacements are not availible. For anything mechanical/electrical, they can also take betterment/depreciated value if OEM or AM new parts are used.
Like I said, prove the value of the car as a core so you have a foundation to start the settlement with, and keep enjoying the rental until they settle the way you want.
#62
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So if I file a suit, its her that I'm suing? I had a friend who had a lady back into her new car, then proceed to sue HER (yep, she got her car backed into and later on was sued for it), and her insurance company took up arms against the lady at fault. The idea behind liability is so you can't be sued up to a certain amount, so would it be her insurance company I'm going after?
#64
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Originally Posted by Tom R.
you sue the person that injured you. if the person has insurance they forward it to their insurance company.
#65
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why didn't you post any pics of the damage? just the "before".
being the devils advocate, if all that appeared damaged was the bumper, it's a hard sell to say that the tranny was killed in the process without any other damage to the car.
repairs that were done prior to the accident mean nothing in the settlement.
rather than sue, complain to the insurance commision that you're being jerked around with a lo ball offer to settle.
87951
being the devils advocate, if all that appeared damaged was the bumper, it's a hard sell to say that the tranny was killed in the process without any other damage to the car.
repairs that were done prior to the accident mean nothing in the settlement.
rather than sue, complain to the insurance commision that you're being jerked around with a lo ball offer to settle.
87951
#66
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The cars been sitting at my mechanics otherwise I'd have taken a pic when it happened. Thats as far as I made it after the accident. Luckily my second opinion was from another auto shop in the same building.
I've been bitchin' up a storm and ended up talking to an office manager last night, who offered to pay for the teardown of the transmission to do the ballistics and forensic science testing on it. The second mechanic drove my car after telling me how hes been doing work for 35 years, and he told me I had basically a half-stripped second gear, and synchro rings for 2-3, and possibly 4, were broken to where they weren't meshing gears properly. He told me proving this was related to an accident would be impossible. The adjusters always ask first, could this be related to normal wear and tear, if it could thats their first and last question. Their mind is made up.
I've been bitchin' up a storm and ended up talking to an office manager last night, who offered to pay for the teardown of the transmission to do the ballistics and forensic science testing on it. The second mechanic drove my car after telling me how hes been doing work for 35 years, and he told me I had basically a half-stripped second gear, and synchro rings for 2-3, and possibly 4, were broken to where they weren't meshing gears properly. He told me proving this was related to an accident would be impossible. The adjusters always ask first, could this be related to normal wear and tear, if it could thats their first and last question. Their mind is made up.
#67
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Still sitting. Checks in my hand uncashed. They're trying to tell me damage to the left half of the bumper happened AFTER the accident and as much as it looks like it did, I believe its from the bumper putting enough on the rear quarter panel to bend it. They're telling me its unrelated and they're not paying. They want to strip and bondo it but I refused, blah blah. It looks like the only thing thats getting fixed is the bumper unless I want to drag her into court. Its just amazing to me that someone can cause property damage and their insurance company refuse to pay it. The metal is creased and I want it pulled out. Its a pretty long 10" crease but it doesn't make sense to me that it couldn't be pulled out (being a body work technician in a past life...).
Advice? I'm so sick and tired of all this.
Advice? I'm so sick and tired of all this.
#71
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Well, its been close to a month. Yesterday I went to city hall to file suit to the tune of $4999.99 (don't ask) for personal property damage as a result of negligence (talking on cell phone while driving). Not 1 day later, I get a call from the insurance company saying basically that I better have a good lawyer, and if I lose I don't get anything they offered me in the first place since I refused it. 5 minutes later I got another call, they settled with me My guess is that they figured I'd win, basically a no contest suit. $3000 was the settled amount for the rental car, missed work, property damage, and a hospital bill. So, the cars all getting fixed finally, and hopefully the quarter panel dent is being pulled out. Thanks all for the responses!
#72
Race Car
I have been hoping that things would work out. Been watching you buying up parts over on the Pelican boards. Get that car together soon so that you can bring it to a GTG!!
Michael
Michael
#73
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Aside from the dent in the rear quarter, and the rims, its in decent enough shape that I wouldn't be embarassed driving it around in its condition. Theres a girl here in Richmond that drives a 83-84 or so 944, RUST HEAP ON WHEELS! I don't want to be 'that' guy. Speaking of which, anyone know how to remove chrome