Life Changes Quickly
I have had some customers in the past who were quite pleased with their settlements but that only proves that adjuster "valuations" are very subjective and often very wrong .....
It is a negotiation but one where you as an individual have little power and nothing you say to an adjuster is anything new....they often have 50 or so cases open at any point in time. And threatening to sue or hire an attorney is no threat at all.
I just learned quite a bit from Jerry and others by reading this thread. I also believe that each State has its own standards, so make sure the advise offered applies in Tx.
Real world experience many years ago in CA. In '91 a lady ran a red and I hit her with my '73 Bronco. AAA insurance which I thought would fight for my lost value. Nothing doing. Accident caused by the other with USAA insurance, and AAA fought me tooth and nail on valuation, even after I provided independent appraisals and much support for value.
Ended up in arbitration, AAA brought an attorney to fight me (unbelievable since they are just going to subrogate the claim to the responsible insurance company). In the end, they only had comps from KBB (what we had in those days) so the judge awarded me my claimed value AND the wreck which I was fortunate to part out for some pretty good bucks.
This took 18 months. If you are going to fight, prepare to go to the mattresses. Vindication was worth it in my case, ymmv.
Best of luck!

The crux of it is that Texas is what they refer to as a 100% state. They contrast that to Iowa which is 50%. What that means is that if the cost of repair is equal to or greater than the pre-collision value of the car it must be re-titled as salvage. That does not appear to bear much on how a claim might be settled, which I think, might still be the cost of repair plus the diminished value plus the salvage value being equal to or greater than the prior value. It is only the cost of repair being 100%.
The change of title issue seems very strict in that ONLY if the cost of repair by itself is equal to or greater than the prior value must the salvage title be issued; and the law requires any insurance company, your's or the other guy's, that has found a vehicle to be un-repairable, they must report that to the state and the state will then send you a notice that your title is cancelled and must be reissued as salvage.
The definition of un-repairable is that it can be used only for scrap or parts. Then this is defined as having the cost of repair equal to or greater than the prior value. Again, the diminished value and salvage value do not play a part in this determination (whereas they probably will in a settlement). I think that means that one could reach a settlement based on the total loss/value calculation with all the factors included, but not require the title to be changed.
For example I think that if your 928 was worth $24K prior to the accident and the cost of repair is, say, $18K, and the diminished value is $8K, and the salvage value is $2.5K, a salvage title should not be required, but your settlement might only be $21.5K ($24K minus $2.5K) based on the jury instruction of totaled, and you keep the car. The other parts of your claim will be on top of this, of course, and play no part in the car settlement.
I hope it came out well with Debbie at the Doctor's.
The Best Porsche Posts for Porsche Enthusiasts
This is Miss Debbie.
I just wanted to say thank you so much for all the research you are doing to help us in this situation.
I always knew I was driving a very special vehicle, but I never imagined that I was part of such a special group of people.
The care and concern that you all have exhibited leaves me awe struck, I can't wait to meet you all at future 928 events, hopefully driving a new 86.5.
Much Love to you all
Debbie
That looked to be a very nice, low miles example of a 86.5, and a nice color combo also!, and I am very sorry to see this happened!
If the front frame rails are bent , and not Crushed, in the crush zones, the car would be repairable, and a experienced frame man could confirm this, which may require some disassembly, to gain access to confirm, I would certainly recommend having this inspection done, because there is a possibility that the insurance company may elect to total it, even if the frame rails are just bent. Even if the car is considered totaled by a insurance company the Owner of the car always has first right of refusal to buy it back or not. Which usually is very cheap, because it would then have salvage history on the title, but also because it cost the insurance company money to dispose of the vehicle at auction. There is transport, storage, and administration fees involved. You are actually doing them a favor by buying it back, when you settle with them.
True salvage history on a title does diminish it's value, but if its fixed correctly by someone very competent, and can be put back to the condition -like before the accident happened. With the money settled upon, and including get the car back, there is a probability that you could actually come out ahead financially.
If you do decide to get the car repaired, and find you need a donor car for structural parts, I do have access to a undamaged 1985 us 928 shell in Charlotte N.C. , which you could probably have for the shipping fees or pick-up. Let me know if I could help in this regard.
You are such a sweet man to offer this to us.
We don't know what we are going to do as the settlement is still up in the air.
The journey to come and collect the car would be epic.
I would love to see Dins and Tony on an adventure again, they are an awesome team and it would get Dinsdale out of my hair for a few days.
He is a handful.
Once again, thank you so much for the kind offer and we will be in touch as soon as we know more.
Miss Debbie
Rennlist Member

I'm in the ~$20k ballpark on this car value as well. Guessing the ins adjuster will peg it at ~$12k, and at that valuation - yes, they will declare it a total loss. Part of the equation is the adjuster's knowledge of the repair costs for a vintage Porsche. Frex, if taken to Porsche dealer and they start adding up parts and labor things will get out of hand very quick. A qualified adjuster will know this, and just write it off as low as they can get away with.
However it turns out with the insurance, do insist on keeping the car after all is done. I'm sure with the expertise here, and a good chassis guy, we can have it back on the road. One quick place to start is checking the door jamb gaps at the rear of the door where it meets the striker plate. Look at that gap back in there, and see if there is a large difference from top to bottom. Also, open and close the door and see if it closes easily as it did prior to the accident, or if there is some resistance, or scraping. This will be a quick indicator of chassis mis-alignment and the extent of the repairs needed. Of course, the 928 is a very strong car, hoping for the best. Keep us informed.
After a thorough inspection, I agree that the car will be written off.
I'm preparing for the meeting with the adjuster now. We have several 928s to use as visual aid's. Even an 1986 5sp to show him to show him the differences.
Now we wait.
Last edited by Dinsdale Piranha; Feb 18, 2016 at 11:12 AM.

Also glad to hear you all doing well at this time, as said sometimes it takes weeks for back and neck to show up.
Dave K


