tooloud10

^^^ This is extremely important. They'll be trying to get you to sign this immediately. Take your time, and make sure there's a clause that allows for $x of future treatment in case symptoms crop up later.

Dmitri

Brief update:

The insurer (my insurer) is totaling the car. I sent them the build sheet so that they know exactly how the car was equipped. They had it appraised, checked whatever sources they check (N.A.D.A., Auto Trader, etc.), and came up with an actual cash value of $46.5k, with an additional $3,800 for tax.

Does this look like a fair offer?

Thanks!

redridge

How many miles were on your car?

MikeH2

I just bought a 03 C4S with similar options as yours (obviously not quite the same C2 vs. C4S, but similar) and with similar miles, 66K, for 43K. I'd say my car is in excellent condition on the outside and mechanically, and very good on the interior (minor wear and tear on the leather).

So, the price doesn't strike me as off the mark.

Good luck.

Benjamin Choi

you want this car totaled period and yes that's a killer value the only thing that sux is your insurance will go up and this accident will be on your record for 3 yrs assumign CA laws are the same as WA state laws

1999Porsche911

I am confused. You stated that you were hit, so why is your insurance company doing anything other than collecting from the other guy's insurance company?

If the accident was not your fault, then your insurance rates, etc should not go up because you are collecting from the other driver's insurance and not your own. If for some reason local law dictates something different, then part of the demand to close on settlement would include the additional insurance cost that you will incur. I would settle for nothing less that what it will cost me to replace the car (actual market price) and recover all other costs associated with the accident.

Benjamin Choi

In a perfect world, you'd think the insurance company, even if you are not at fault, won't do anything, but anytime they hear word that you got in a fender bender, they make a note of it and it may well impact your insurability risk moving forward.

And in Dmitri's situation, he hit the guy in front of him so while it's not his fault since the dude behind him had him plow into the front of the car, the insurance company can easily say you should've been far enough behind him to account for the possibility your **** was gonna get smashed from the back.

It's more art than science based on my experience dealing with insurance claims. It absolutely sucks. Bottom-line, drive safe and try to avoid/be lucky avoiding fender benders.

Dmitri

Even though this accident is someone else's fault, right now, I'm dealing with my own insurer, who is going to be pursuing the other drivers' insurers for their loss and my out of pockets. That means that I have to eat a $1,000 deductible for now. But, it also means that I don't have to hassle with the other drivers' carriers and what undoubtedly will be less than adequate coverage for this loss (which would kick the underinsured portion back to my insurer anyway). In California, my experience is that many (most) people only carry the minimum liability insurance limits - $15k injury to one person, $30k injury to all persons in a single accident, and $5k property damage. That's not enough to pay for a bumper on my car, let alone the damage to all four cars in the accident. So, all-in-all, I'd much rather my insurer pay me and and chase them. Hopefully, this won't affect (or dramatically affect) my rates. But, under the circumstances, I'm not sure that there's a better and more hassle-free way to handle this. Assuming the actual cash value is right, I'm about one phone call and a check away from resolution.

1999Porsche911

Being the hardass I am when it comes to things like this, under no circumstances would I settle for less than what your think you deserve. Call your insurance company and tell them your want the price of a new car, rental etc from the other guy's company. In addition, ask your agent to ask the other insurance company how they want to pay for the medical tests you are going to get. Do they want the hospital to bill them directly? If you do not get satisfaction from your agent, do not sign any releases and get a lawyer. He or she will do everything for you, including recovering any legal fees. You should not have to pay any increase in insurance premiums either.


You deserve to be made whole because it was not your fault. Irrespective of what the other driver's insurance coverage is, the other driver is still responsable for anything above the coverage.

I had to pay for someone's blouse one time because she spilled a soda on it when I rear ended her.

The insurance company is banking on you becoming frustrated and not knowing your rights. It's figured into their rates.

rmillnj

It is a very common practice to use your own insurance company, especially if you are insured with one of the better ones like USAA. As long as the accident is judged to not be your fault it does not count against you. With 6 drivers in my family, we have had a few claims over the years where it was the other guys fault and in every case I used my company to handle the claim. They have a lot more leverage with the other company than I would as an individual.

With USAA they have very rigid rules about how the car will be repaired. I have talked to a couple of body shops and they all tell me that with USAA and other similar companies there is no cutting corners. You don't get the same thing though with all companies.

Totaling the car is always the best option if the damage is major. Normally you will get more from insurance then you could ever get selling the car on your own. They are not going to give you a new car though. For that you would have to sue the other guy or fake a medical injury. And if you do that, I hope you get caught and thrown in jail. Having an accident should not be an opportunity to reap a windfall.

1999Porsche911

I was not aware that anyone here even suggested faking an injury. I guess reading was a weak point for you?

rmillnj

I was being rhetorical, probably should not have used the "you". Actually the reference was based on the fact that you were the one who brought up the whole medical issue. I never did see the original poster or anyone else but you ever mention anything about injuries. It was just curious that you brought it up.

It reminded me of a guy I knew who was always advising anyone who had an accident to go the medical route to get more money. Sorry, I probably should not have said it.

1999Porsche911

Don't worry about it. My comment about seeking medical care was due to the fact that often, symptoms of serious injuries do not show up for weeks after the injury occurs. Many injuries, such as to the neck and back may appear to be just a slight sprain that goes away quickly but then is discovered as having been a serious, debilitating injury several years later.

Duane993

Dimitri,
Looks like you got the resolution you wanted. As long as you satified with the valuation of your car, it is better to let your insurer handle the balance of the property damage claim. If you have rental car coverage with your insurer, they will reimburse you. If you do not, you will have to pursue the other drivers carrier. Lost time at work is also a recoverable cost (even if you took paid personal leave). While you do not believe you have a personal injury claim, I would not be in a rush to sign this waiver. Your are allowed to settle the property damage claim without a resolution to any personal injury claim. Hang on the PI claim just to keep everyone honest and preserve you rights to out of pocket and lost income claims.