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Total loss value HELP PLEASE!!!!@@!@


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it6an
New User

Aug 2, 2010, 5:39 PM

Post #1 of 4 (1452 views)
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  post locked   Total loss value HELP PLEASE!!!!@@!@  

hi. Im having some problems with the total loss value of my car... I was in a car wreck about 2 weeks ago, the other driver was at complete fault and there insurance (allstate) is offering me 4666$ for the car. However it blue books for 5,500-6,000. I called my bank and they were prepared to give me a loan on the same car ( same vin number, they ran it) , as if i was buying it off the lot now, for 5,625$. The car is a 2000 jetta gls 114k miles, all upgrades, leather and all. I told the insurance i was not accepting 4,666 and that i want closer to 6,000. They readjusted the claim to 4,850$. When i bought the car a little over a year ago the sticker price was 7,100 and was only able to get the 5,300ish price because of my dad working on the car lot for many years. I have found many listings of the same car, same features, same miles for 5800-7000. He says thats all he can give me, from here he said you can either file it on my insurance or call a lawyer. What should i do? I really feel my car is worth more... Am I right or wrong? and what should I do if im right?


Hammer Time
Ultimate Carjunky / Moderator
Hammer Time profile image

Aug 2, 2010, 5:45 PM

Post #2 of 4 (1448 views)
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  post locked   Re: Total loss value HELP PLEASE!!!!@@!@ [In reply to]  

You have the right to refuse any offer made by the insurance company but remember, they also can say no and they you have no choice but get a lawyer but that will eat up whatever additional money they may get. It's just a matter of negotiation and knowing when you have reached their limit. They make brownie points by saving the company money but they also don't like going to court either so you have to find the balance. Remember, your without a car until it's resolved too.




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Tom Greenleaf
Ultimate Carjunky / Moderator
Tom Greenleaf profile image

Aug 3, 2010, 12:18 PM

Post #3 of 4 (1437 views)
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  post locked   Re: Total loss value HELP PLEASE!!!!@@!@ [In reply to]  

Oh boy! This can vary state by state or wherever you are. Been there done that and did full aguement with ins. I own a zillion cars and was hit and totallalled by another party who's insurance offered $50 bucks! I don't think soMad

My arguement was just to replace the car as a legal car for street use here. That alone is surely worth more than $50 bucks.

Insurance suks IMO. Get a name and direct line to someone. I do know this much........ Once you accept a payment it's done. Don't settle till you reach an agreement you are both happy with. One trick to get them off their asses is to put the car in storage and out of your way if covered by insurance that would speed it all up!

T
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Long retired now


Sidom
Veteran / Moderator
Sidom profile image

Aug 3, 2010, 9:41 PM

Post #4 of 4 (1431 views)
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  post locked   Re: Total loss value HELP PLEASE!!!!@@!@ [In reply to]  

Yea that really sux.....

Like what has already been mentioned they are going to lowball and hope you go away. Then they'll even throw out the lawyer line, knowing most people won't do that just for the fact they'll probably wind up with less than the original offer was after all is said & done.

You do have a few options. One would be to talk to a lawyer and find out your options.. Some give free consultations or even a low fee would be a good investment just to find out where you stand legally. A letter from a lawyer for $100 or so dollars might just be enough to get an offer close to what you want. Obviously adjusters look good when they can keep a claim as low as possible on the reverse I'm sure they wouldn't look to good getting the company sued & losing. A letter from a legal firm might be just enough to let the adjuster know you are in the 10% and might actually go all the way. Using a lawyer to sue would be my last resort but when I'm in there I would find out if I could also put all his fees into the claim and what my chances of winning were. But keep in mind there are no guarantees and the lawyers ALWAYS get their fees.

If it came down to going to court I would probably look into small claims court. The deal here would be what the max is in your state. Some are pretty low so you would be out of luck but if the max is 10k then you could sue them in small claims. With the law, it's all about being made "whole" again. All you would have to do was prove (with documentation, not talking) their offer was way below what the car is worth and you should win. The problem with some people is when their property is damaged by someone else, they want a NEW replacement so that actually makes them better off than before the accident. You can only recoup what you lost. The replacement value. If you go for too high of claim, it actually can work against you.......My company has been sued 5 times since I've been there and have never lost. 4 had no basis. The 5th was tech error and the customer got greedy. A 300k motor got ruined. The company offered a low mile used replacement installed. The customer wanted a brand new engine and sued. He lost and got nothing..


Good luck and I really hope things work out for you. Let us know how things work out for you......

I guess my last desperate act would be to get 6 road flares, an alarm clock, wires, trigger switch, not shower or shave for a week, walk in there screaming......Wait......That's actually probably a very bad idea........better scratch that one off the list even though it would make you feel better........Wink Sly






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