Steven

Well, most of you know how my luck has been running. To make a long story short, they guy who is buying my car wasn't going to be able to pay me in full (gave me a down payment) until the 1st of the month, so i am holding the car. He decided to bring his wife by for a drive wednesday evening. Before they arrived, I took the car to the local car wash, sprayed it off and then hit the back road to dry it off. I was approaching a bridge and several dogs ran out in front of me. I swerved and hit the guard rail going approximately 45 mph. It bent up the front right fender, tore my bra, scratched the passenger side and dented the rear fender flare. Also, I had been storing all my tools in the back of the car and when I hit a hole after I hit the guard rail (and I hit it HARD) some of the tools were thrown up and cracked the rear glass. When I came to a stop (and after cleaning my underwear out) I hit the button to open the rear hatch and the whole glass shattered and fell out. Man that scared me big time!!
I was on a back road and no where near any help so I drove the car back into town (around 4 miles). It ran hot just before getting into town and by the time I pulled up at the nearest shop, it was 'clicking' badly from under the hood.
The adjuster went by today to look at the car and I just got a message on my answering machine that the estimate was $1400, minus $500 deductible!! I couldn't beleive it!! He said the only thing he saw wrong was the dent in the front fender and the rear glass! He said the rear glass was only $600. I had my rear glass replaced last year due to vandalism and it cost $3800, including labor. I realize $3800 is high but $600??? It has to be used or either an aftermarket. Thats what they tried to do last time. They found a rear glass in someones back yard and were going to purchase it for me for $200. I was told by them that I had to accept what they find for me. It was scratched and I told them no way!!! They finally gave in though. After the back glass was replaced last time, I received a call from my insurance company saying that if my rear glass ever had to be replaced again, they would total the car. They were pi$$ed at the glass company big time!
Anyway, do I have to accept this $1400? I know there had to be damage under the car from when I hit the ditch after hitting the rail. I think the car running hot should prove that. Also, it pulls to the right badly and the steering wheel shakes big time. He took none of these things into account.
What should I do? The car cannot be repaired for $1400. The body shop guy told me that it was probably totaled. I owe the buyer $1000 for his down payment. I just wish they would total it so that I could pay the guy his $1000 and have enough to buy me something to drive around in. Can I dispute this? If so, how? I can't afford a lawyer. How can I prove all the other damage (internal damage)?
Please guys, tell me what to do. I would really appreciate it.
The adjuster said that an itemized estimate would be in the mail tomorrow. If there is anyone willing to help me, I will gladly send a copy of the estimate and photos if necessary.

In Christ,

Steve

P.S. One day i'll have some GOOD news for ya'll for a change!

Steven

P.S. The right headlight is stuck in the up position also. No biggy (I don't think) but I just remembered about that.
The adjuster didn't even mention that either!!

Bri Bro

Go to three good body shop and get estimates on the repair cost. See how they compare to the estimate you will be getting from your insurance company.

Tom

To start with I think you need at least one knowledgeable estimate that may take additional damage into account. That would give you something to challange with. The fact that you had a prospective sale should help establish the value of the car, if you had an agreement in writing to prove that.

Steven

But how will a body shop be able to put a dollar ammount on any mechanical work?

Thanks,

Steve

Bri Bro

Sure can. I have had several repairs that involved cooling system and supension repair, the body shop did the estimate for the entire job. You have to prove that the accident did the damage, not always an easy thing to do. The longer you wait, the less likely the shops will be able to see that the damage is "fresh".

MichelleJD

Steven:

If you were a resident of either IL or FL I could represent you in this case, but you are a resident of SC, right? I am *not* giving you legal advise as I am not licensed in your state, but you should look into getting an attorney. You may be able to get one that will take your case on a contingency basis. It would cost you little or nothing. You said that you can't afford an attorney; the truth is you can't afford not to have an attorney. You can bet the insurance company you are dealing with has dozens. Don't get taken to the cleaners here. If you want to talk to me personally, email me at MichelleJD@yahoo.com and I'll give you my phone number. Good luck no matter how you pursue this.