My parked Car was totaled by a distracted driver
#46
Not sure what State you are in.
I am in CA and I have been an attorney for over 20 years.
When I started working, it was for an insurance defense firm. That work really sucked.
The money is in personal injury.
There is no wiggle room in car property damages. They use Kelley Blue book and that's it.
I do not know any attorneys who would handle a property only case.
So sorry. This totally sucks.
If I were in that situation, I would have the car repaired but find someone to do the job for less than the quote.
Then I would try to sell it. Someone would eventually buy it.
But, as noted previously, the economy is bad.
I am in CA and I have been an attorney for over 20 years.
When I started working, it was for an insurance defense firm. That work really sucked.
The money is in personal injury.
There is no wiggle room in car property damages. They use Kelley Blue book and that's it.
I do not know any attorneys who would handle a property only case.
So sorry. This totally sucks.
If I were in that situation, I would have the car repaired but find someone to do the job for less than the quote.
Then I would try to sell it. Someone would eventually buy it.
But, as noted previously, the economy is bad.
I had a very long conversation with the insurance rep when they made their offer and during that call (2.5 hours!) got the offer price up by10%.
#47
You bought a CPO vehicle - did you buy it from a dealer or private party. You have the price you paid for the car as a starting point. Your cost was the purchase price plus taxes, etc. and to make you whole those items must be part of the amount you receive. Where is the car now - even if you aren't going to repair the car if it is at a body shop they can be a good advocate if there is a question if the car should be totaled. Kenny Hawkins in Raleigh is good for that. I would sit down with the dealer you bought it from or a local dealer who obviously would like to sell you a replacement and have them give you a value for your car and present that to the insurance company. Their client was driving what looks like a new SUV and has stepped up and admitted to what happened and the insurance company isn't automatically your enemy. The toughest situation is when you and the person who hit you have the same insurance company. Good luck and keep your chin up.
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GT3FZS (05-16-2020)
#48
#52
in my neighborhood so his girls could see their grandma on Mother's day
My car was parked on street, exactly where the shadow begins.. (middle of picture.. ) THIS was his approach and there was No one else on the road
he was on the phone, his first words, I was looking down and distracted by my girls..
I still cannot explain how he managed to hit my car in broad day light
#53
You bought a CPO vehicle - did you buy it from a dealer or private party. You have the price you paid for the car as a starting point. Your cost was the purchase price plus taxes, etc. and to make you whole those items must be part of the amount you receive. Where is the car now - even if you aren't going to repair the car if it is at a body shop they can be a good advocate if there is a question if the car should be totaled. Kenny Hawkins in Raleigh is good for that. I would sit down with the dealer you bought it from or a local dealer who obviously would like to sell you a replacement and have them give you a value for your car and present that to the insurance company. Their client was driving what looks like a new SUV and has stepped up and admitted to what happened and the insurance company isn't automatically your enemy. The toughest situation is when you and the person who hit you have the same insurance company. Good luck and keep your chin up.
good point about tax, tags and title fees.. I paid those out of pocket as well..
car is at a "salvage yard" awaiting inspection from my insurance company.. my insurance company started a claim with driver's insurance company within hours of accident..
its a lot of wait and see at the moment. I am busy collecting similar comps so I can counter their offer (expect the first offer to be a lower no matter what)
#54
We should also get the mass correct. It looks like an Acura MDX, which has a spec weight of 4000 to 4300 lbs. Too many people like to use the term "SUV" as something big and (for some) immoral. My 3/4 ton Suburban does weigh 3 tons , but only with all the extra gear I keep stashed on board. The empty spec is 5800 lbs.
#55
OP, I am truly sorry to read about your troubles.
Accidents caused by distracted driving should be treated like an accidental discharge of a deadly weapon, with a mandatory jail sentence!
Do fight the low offers, insurance companies are among the lowest life forms roaming the Earth. If you cannot get a fair settlement, tell them you are going to report them to the state's office of insurance commissioner. Hopefully they are pro-consumer and will help, the words "bad faith" may help you.
Lastly, post pics of your replacement car, hopefully another free-breathing 911 and, if possible, use off street parking.
Accidents caused by distracted driving should be treated like an accidental discharge of a deadly weapon, with a mandatory jail sentence!
Do fight the low offers, insurance companies are among the lowest life forms roaming the Earth. If you cannot get a fair settlement, tell them you are going to report them to the state's office of insurance commissioner. Hopefully they are pro-consumer and will help, the words "bad faith" may help you.
Lastly, post pics of your replacement car, hopefully another free-breathing 911 and, if possible, use off street parking.
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GT3FZS (05-16-2020)
#56
Who said the car was totaled?
I don't see on any post on this thread identifying who made that determination. And that seems to be key.
If the insurance company determines the car is not a total loss but, instead, believes that it can be restored to the condition it was in when you bought it, then, by doing that, I think the insurance company has fulfilled a large part of its obligation. Loss of use and other losses would still be on the table for reconciliation.
I'd suggest getting estimates from reputable repair shops on how much it would cost to get your car back to the condition that would satisfy you. That would tell you a lot.
As far as driving a car with serious repairs on it, they can go a long way and give you the pleasure you seek. My 'vetteI got hit on three separate occasions, two serious, non my fault, and I drove the car for 40 years. Cuz I liked it.
I don't see on any post on this thread identifying who made that determination. And that seems to be key.
If the insurance company determines the car is not a total loss but, instead, believes that it can be restored to the condition it was in when you bought it, then, by doing that, I think the insurance company has fulfilled a large part of its obligation. Loss of use and other losses would still be on the table for reconciliation.
I'd suggest getting estimates from reputable repair shops on how much it would cost to get your car back to the condition that would satisfy you. That would tell you a lot.
As far as driving a car with serious repairs on it, they can go a long way and give you the pleasure you seek. My 'vetteI got hit on three separate occasions, two serious, non my fault, and I drove the car for 40 years. Cuz I liked it.
#57
Fear not. This is NOT an indication of the OE Porsche wheel's quality or strength. This IS an indication of the physics are work here, and the irresponsible speed of the +6,000 pound SUV. I've seen similar wheel damage/failure of OE Porsche wheels and high quality aftermarket wheel vendors in motor-sport accidents.
#58
why wait
send them comps now, once they offer a valuation they will only go so far from that without a fight.
yes bought from Porsche Fremont as CPO, sight unseen .. had it shipped cross country (friend in Fremont checked the car for me)
good point about tax, tags and title fees.. I paid those out of pocket as well..
car is at a "salvage yard" awaiting inspection from my insurance company.. my insurance company started a claim with driver's insurance company within hours of accident..
its a lot of wait and see at the moment. I am busy collecting similar comps so I can counter their offer (expect the first offer to be a lower no matter what)
good point about tax, tags and title fees.. I paid those out of pocket as well..
car is at a "salvage yard" awaiting inspection from my insurance company.. my insurance company started a claim with driver's insurance company within hours of accident..
its a lot of wait and see at the moment. I am busy collecting similar comps so I can counter their offer (expect the first offer to be a lower no matter what)
#59
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desmotesta (05-16-2020)