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My car is a total loss... and to make matters worse my insurance is trying low ball

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Old 09-20-2013, 07:47 PM
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Turn down the money and insist that the Insurance company makes you "whole". That means procuring a similar car in similar condition as the one you lost. See if they come up with more money for you instead.
Old 09-20-2013, 09:10 PM
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Hire a lawyer if you can find one who will take your case. I sue insurance companies for a living. They won't take you seriously until they think you will sue. If you sue their insured will wonder why he is paying premiums.
Old 09-20-2013, 10:41 PM
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Who's your insurance company?
I have farmers and when I got into the accident they replaced my aftermarket bumpers and rims free of charge. It wasnt a total loss though so my cause is probably different.
Old 09-21-2013, 10:29 AM
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Originally Posted by speer13
not to hijack the thread but FYI Hagerty does do the guaranteed value coverage so if you are insured for 20 K you get 20 K but the car has to be worth it and the value is agreed upon by them when you finalize the paperwork and pay... so an 88 mustang they would def question the 20k on and most likely want an appraiser to come out, otherwise everyone would be putting 30k coverage on a gremlin then hitting a tree..haha they questioned 25K coverage on my 69 Corvette even though NADA on it is between 25-50K. You also have to be aware of there rules and grey areas, you must store the car in a garage or secure structure, not used for daily transportation and show there are other vehicles for each driver in the house for DD and if it has nitrous they will not cover it.... and if the car is raced on the track it is only covered away from the track... They are great but remember they are still an insurance company out to make money!
They ask for pics of all sides of the car, a list of modifications and if they dont agree on the value they send you a list of appraisers. I have every receipt for whats in my 88 to back up my agreed value
Old 09-21-2013, 11:15 AM
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They are not in business of paying out, just collecting payments. Lean on them but be informed with similar car listibgs showing value, kbb values, mod list, etc. Be persistant. Threathen to contact your state attorneys office bureau of consumer protection they govern insurance companies. Progressive tried to fix my wifes flooded car, month later it was still moldy, one threat of calling state attorney office made them total it and pay full kbb
Old 09-22-2013, 10:52 AM
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Man. All you guys talk about playing hardball. Every time I have tried that they just stop returning calls.

One other thing I have learned the hard way, but NEVER tell and insurance company whether you were hurt or not. Once they get you on tape saying you weren't hurt they treat you differently. Liberty Mutual did that to me. When you call to make a claim the first they ask, in seemingly friendly way, is "Oh my God, were you hurt?" Tell them in so many words you aren't going to answer that and they transfer the call to a supervisor.
Old 09-22-2013, 02:26 PM
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Originally Posted by Pop N Wood
Man. All you guys talk about playing hardball. Every time I have tried that they just stop returning calls.

One other thing I have learned the hard way, but NEVER tell and insurance company whether you were hurt or not. Once they get you on tape saying you weren't hurt they treat you differently. Liberty Mutual did that to me. When you call to make a claim the first they ask, in seemingly friendly way, is "Oh my God, were you hurt?" Tell them in so many words you aren't going to answer that and they transfer the call to a supervisor.
that is why you always answer that question with.... I do not know the extent of any injuries until I see my doctor.

Shuts them up fast... then you say Im calling to figure out what you are going to do about my car/truck.
Old 09-23-2013, 01:27 AM
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Default thanks everyone

thanks everyone for all the feedback, i will keep you guys updated through the process. my insurance company is nationwide, i have declined the original offer and hope to hardball them as much as possible. if that doesn't work, purchase a temporary vehicle (just got a rental car for 2 weeks yesterday @ $18.80/day).

here are some pictures of the damage:
Attached Thumbnails My car is a total loss... and to make matters worse my insurance is trying low ball-dsc00064.jpg   My car is a total loss... and to make matters worse my insurance is trying low ball-dsc00067.jpg   My car is a total loss... and to make matters worse my insurance is trying low ball-dsc00063.jpg  
Old 09-23-2013, 01:30 AM
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Originally Posted by Raptor_WS6
im in the same boat. my ws6 got totaled, KBB is at 14k and they only wanna give me 10k cuz their 3rd party company is telling thats the cash value. i told them to **** off and i found 8 cars similar to mine over 12.5k, couldnt find a single SOM ws6 for sale tho to show them SOM brings in more money. i had it for sale and had a buyer lined up for 19k. and then i got fucked

mine was a hit and run so non of my mods are covered since i didnt declare them, i just finished this build less than 2 months ago and have 14k in the drivetrain alone



do you have a build thread on your car since thats what my drivetrain is going into lol
very sorry to hear that, sadly no build thread but if you have any questions - shoot me a pm!

have they told you a buy back cost? mine is 2k - more than i expected for a vehicle they are only valuing at 8.4K :/
Old 09-23-2013, 01:48 AM
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the damage to the front end was caused by the hard impact to the rear. she slammed into me so hard that my seat brackets broke causing it to go forward with me. since i got thrown and the vehicle was in gear the vehicle got propelled into a 90s toyota tacoma infront of me. which only suffered some bumper damage. i was told since the lady cause the movement due to the severity of the impact, i would not be held accountable for hitting the bumper of the truck in front of me. they happened to be some really nice guys as well, stating that they had seen the lady earlier speeding uncontrollably.

what was the worst part, the lady didnt even seen to care much. she had the nerve to tell me "I saw this coming in a dream the other night." - i kept my cool though throughout it all

the engine still runs which is good but the buy back they offered me with the vehicles value at 8.4k is 2k... which seems a bit high. but low considering how much i have invested, the hood alone cost me about $620 after taxs/shipping/etc. not to mention the low mileage 6.0 / so if i do take a lower offer i need to be able to buy back and recoup some of the value.

although i do understand the offer they have given me is excellent for a 1965 4 Door... it isn't even a half decent offer for MY 1965 4 Door (given time and money spent).

if i do hold out, hardball, and hire a attorney: how much more do i stand to gain roughly if i go through the whole process? or should i cut my losses after trying for a few more months?
Old 09-23-2013, 02:25 AM
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Originally Posted by SIKHS 5
very sorry to hear that, sadly no build thread but if you have any questions - shoot me a pm!

have they told you a buy back cost? mine is 2k - more than i expected for a vehicle they are only valuing at 8.4K :/
Not yet
Old 09-23-2013, 05:44 AM
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just a fyi to all I checked around on hagerty and there policy shows NO NITROUS OXIDE allowed on there insured vehicles.

so keep this in mind . as I know a lot of us here run it or plan on it.
Old 09-23-2013, 05:49 AM
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I would ask for them to let you keep the car at no buyback cost plus the 8400. After hurricane sandy my company paid the agreed amount for my 2 cars and with a couple of calls ( from my wife ) they agreed to let me keep the cars as well. she explained the family connection to the cars and they were sympathetic ,also the cars were extremely underinsured .JOHN
Old 09-23-2013, 08:50 PM
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Man, this sucks. That damage is WAY worse than I was expecting. Hope you get it all worked out. As for the woman not caring, I had a guy in a Taurus cut me off the other day forcing me off the shoulder, so I honked at him and then caught up to him at the next light, and he rolled down his window and told me to quit honking, when I told him he had just run me off the road his response was '$hit happens". Some people..... I know if I was in your position it would be real hard to keep my calm.

Also, there's no way you walked away from that with out at least some whiplash........
Old 09-23-2013, 11:17 PM
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Originally Posted by SIKHS 5
the damage to the front end was caused by the hard impact to the rear. she slammed into me so hard that my seat brackets broke causing it to go forward with me. since i got thrown and the vehicle was in gear the vehicle got propelled into a 90s toyota tacoma infront of me. which only suffered some bumper damage. i was told since the lady cause the movement due to the severity of the impact, i would not be held accountable for hitting the bumper of the truck in front of me. they happened to be some really nice guys as well, stating that they had seen the lady earlier speeding uncontrollably.

what was the worst part, the lady didnt even seen to care much. she had the nerve to tell me "I saw this coming in a dream the other night." - i kept my cool though throughout it all

the engine still runs which is good but the buy back they offered me with the vehicles value at 8.4k is 2k... which seems a bit high. but low considering how much i have invested, the hood alone cost me about $620 after taxs/shipping/etc. not to mention the low mileage 6.0 / so if i do take a lower offer i need to be able to buy back and recoup some of the value.

although i do understand the offer they have given me is excellent for a 1965 4 Door... it isn't even a half decent offer for MY 1965 4 Door (given time and money spent).

if i do hold out, hardball, and hire a attorney: how much more do i stand to gain roughly if i go through the whole process? or should i cut my losses after trying for a few more months?
You need to hold out for a better offer (as you are). If you have full coverage/ under insured motorist, and you policy covers aftermarket parts, make them pay for what the promised to provide. If that is not in the policy,then a lawyer may get more money for you, but it will be a stressful hassle. If your policy says your covered, and you are not getting paid, tell them you are unhappy and you are getting a lawyer on retainer if things dont improve. The transformation may be dramatic.

PS you should not have to pay for a rental. And if you do involve a lawyer, you need to delete this thread until after the statue of limitations is up.
Old 09-24-2013, 12:31 AM
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Hire a lawyer, but expect to not get as much as you would think because of what they usually take for themselves.
Old 09-24-2013, 05:54 AM
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I believe California has a law that says if you sue your own insurer and prevail, the insurance company pays you all of your attorney fees. Tell your company if they do not pay X, you will find the hardest, most expensive lawyer out there. Here in Florida I just finished repping a guy who had his truck stolen and the insurer made lame excuses so we sued. After two years of litigation they settled for the full value of the truck (not low ball estimates), bad faith damages of $20k for my client not having a vehicle to get to work to pay for the payments and ruining my client'scredit, and the judge made the insurer pay my law firm nearly $100k in fees. They should have just paid the $20k presuit demand.
call your state bar association. Talk to a lawyer.
Old 09-24-2013, 06:07 AM
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Also if it is the other driver's insurance is low balling, sue the driver yourself. Go to legal aid and ask for help. Basically it costs a filing fee and you file a complaint/petition with the clerk of courts, and get a summons, and having the driver served. She will probably immediately call her insurer and demand they pay. Call her directly and tell her her insurer is low balling and ask her to pressure them, because you "don't want to have to sue her." Also complaining to your states division of insurance regulation and any state government consumer advocacy group are good ideas. I believe California requires other drivers to have 20k in property damage liability. So you should look to both your insurance (if you have collision) and her insurance to pay.
Old 09-24-2013, 04:25 PM
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Originally Posted by rp0029
I believe California has a law that says if you sue your own insurer and prevail, the insurance company pays you all of your attorney fees. Tell your company if they do not pay X, you will find the hardest, most expensive lawyer out there. Here in Florida I just finished repping a guy who had his truck stolen and the insurer made lame excuses so we sued. After two years of litigation they settled for the full value of the truck (not low ball estimates), bad faith damages of $20k for my client not having a vehicle to get to work to pay for the payments and ruining my client'scredit, and the judge made the insurer pay my law firm nearly $100k in fees. They should have just paid the $20k presuit demand.
call your state bar association. Talk to a lawyer.
Pm sent
Old 09-26-2013, 12:15 AM
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Originally Posted by SIKHS 5
very sorry to hear that, sadly no build thread but if you have any questions - shoot me a pm!

have they told you a buy back cost? mine is 2k - more than i expected for a vehicle they are only valuing at 8.4K :/
Buy back for me is 2500
Ima have to do it since I have over 20 worth of parts on it that Ican sell to get some money back


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