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Old Sep 29, 2011 | 10:06 PM
  #21  
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hit and run
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Old Sep 29, 2011 | 10:13 PM
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Originally Posted by neutron82
didn't know that, good to know... but since he can't identify the guy he hit or have any proof of who was at fault, would this fall under the category of uninsured motorist??
Yup per my insurance it is. Hit and Run
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Old Sep 29, 2011 | 11:01 PM
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who knows....you owe alot for a high mileagle car....it all depends on your ins. agent...
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Old Sep 30, 2011 | 05:34 AM
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Originally Posted by SuperSam
who knows....you owe alot for a high mileagle car....it all depends on your ins. agent...
I don't owe anything what I posted was what nada is lol.....
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Old Sep 30, 2011 | 06:33 AM
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My bad.... Mis read ure post....
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Old Sep 30, 2011 | 07:52 AM
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Sorry Tim, I was in a hurry. Next time I will stop but I knew you had Insurance... LOL
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Old Sep 30, 2011 | 08:23 AM
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Originally Posted by Bad Chad
Sorry Tim, I was in a hurry. Next time I will stop but I knew you had Insurance... LOL
Well thanks but you could have waited atleast 6 months. I was trying to wait till the 2009up CTS-V prices dropped a little or the ZL1's came out before I got another car ;(
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Old Sep 30, 2011 | 09:31 AM
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Get ready to Sue. We were hit in our 2001 Gs300 about two months ago. A 16 year old kid pulled in front of us and we t-boned him. Kid has allstate. Cop completely put him at fault. They totaled the car and tried to give us 3 grand for it.
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Old Sep 30, 2011 | 10:20 AM
  #29  
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Doubt I will have a issue. If I had a company like the ""General"" I might have a issue. My inlaws have used this agent for over 15 years.
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Old Sep 30, 2011 | 11:06 AM
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its gonna be fixed doesnt seem to look like there is any frame damage
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Old Sep 30, 2011 | 12:07 PM
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Let the adjuster know you plan to pursue diminished value.

I think it's going to be totalled. Use the diminished value arguement to push it closer to that point. Also let the adjuster know you want new OEM parts on instead of refurbished and that you're concerned the airbags did not go off so you want the dealership to check the system because you're concerned for your saftey.

Been working at a law firm for a while. These issues come up from time to time, and these are the strategies used to reach your goal. In the end, it is the insurance companies right to choose to total it or not, but you have the right to pursue diminished value if they choose not to. Appraiser usually runs ~$350 but you will easily recover that with their report.

If they do total it, there are also strategies to get them to increase the total loss offer. Hopefully you get to that point because that means 09 CTSV. I've got my fingers crossed for ya.
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Old Sep 30, 2011 | 01:28 PM
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Thanks for the info. That's where I'm at with it. If they fix it I'm gonna sell it.
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Old Sep 30, 2011 | 04:44 PM
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Originally Posted by TexVette
Let the adjuster know you plan to pursue diminished value.

I think it's going to be totalled. Use the diminished value arguement to push it closer to that point. Also let the adjuster know you want new OEM parts on instead of refurbished and that you're concerned the airbags did not go off so you want the dealership to check the system because you're concerned for your saftey.

Been working at a law firm for a while. These issues come up from time to time, and these are the strategies used to reach your goal. In the end, it is the insurance companies right to choose to total it or not, but you have the right to pursue diminished value if they choose not to. Appraiser usually runs ~$350 but you will easily recover that with their report.

If they do total it, there are also strategies to get them to increase the total loss offer. Hopefully you get to that point because that means 09 CTSV. I've got my fingers crossed for ya.
They will not give him new parts way to many miles. He will get LKQ parts thats how it works. If they car was new and low miles then he would get OEM parts. The whole I don't think the car is safe won't fly either. The car has not been hit near hard enough for safety concerns in regaurds to the repairs.

Let us know what they say about the car.
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Old Oct 3, 2011 | 11:01 AM
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Originally Posted by SLV_WS6
They will not give him new parts way to many miles. He will get LKQ parts thats how it works. If they car was new and low miles then he would get OEM parts. The whole I don't think the car is safe won't fly either. The car has not been hit near hard enough for safety concerns in regaurds to the repairs.

Let us know what they say about the car.
Damn, then I must be really good at what I do.

The reasoning, "that's how it works" has many legal precedents that are well documented. I am at a loss on how to refute a complex arguement such as this, as well as, "won't fly either". I can tell by your description of the impact that you have all the necessary certifications as an accident reconstructionist to render such an expert opinion. Please accept my apologies. I've only been doing this for a decade, so most of it is still quite new to me.

+1 for wanting to know how it turns out.
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Old Oct 3, 2011 | 03:36 PM
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Not totaled per them. Cutting me a check and I can locate parts. Now who would you take it to for fitting and painting???? Need a fast turn around time.
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Old Oct 3, 2011 | 05:27 PM
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Originally Posted by TexVette
Damn, then I must be really good at what I do.

The reasoning, "that's how it works" has many legal precedents that are well documented. I am at a loss on how to refute a complex arguement such as this, as well as, "won't fly either". I can tell by your description of the impact that you have all the necessary certifications as an accident reconstructionist to render such an expert opinion. Please accept my apologies. I've only been doing this for a decade, so most of it is still quite new to me.

+1 for wanting to know how it turns out.
Well there you have it not totaled. The fact you work in a law firm means nothing to me. My dad has owned several restoration/paint and body shops. My brother currently owns one to. I grew up around it and know quite well how it works. About 20yrs around the paint and body industry. My expert opinion was given and I was right. Just because you have been doing it for a decade does not make you an expert either. Did I mention I was right!!!!
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Old Oct 4, 2011 | 12:13 PM
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Originally Posted by SLV_WS6
Well there you have it not totaled. The fact you work in a law firm means nothing to me. My dad has owned several restoration/paint and body shops. My brother currently owns one to. I grew up around it and know quite well how it works. About 20yrs around the paint and body industry. My expert opinion was given and I was right. Just because you have been doing it for a decade does not make you an expert either. Did I mention I was right!!!!
You were correct about it not being totaled. You are not correct about your arguements about OEM parts, diminished value, or the saftey issue. Those are tools that a claimant can use to try to get the vehicle totaled. While they may not hit 3 for 3 on that, they can usually get 2 of the issues decided in their favor. I was giving you **** because you did not have any legal reasoning in your arguements. Different insurance companies have different policy language about OEM vs. refurbished parts and claimants can insist on OEM parts, especially for luxury cars. Letting an adjuster know that you will pursue DV makes them factor that into their equation. If the body shop he had do an estimate found any damage to the airbag system, it could easily justify a check. Either way, I know who I advocate for in these situations. I encourage clients and friends to find body shops that will advocate for them in the same way and not take what insurance companies say with blind faith.

To the original poster, you might ask for a loss of use check as well. This is usually $30.00/day for the time of estimated repairs. In this case should be ~$150.

Where did you get your estimate of damage from (what shop)? I'd have taken it to a lexus dealer. I'm sure if there was a need to supplement as they disassembled that it would be very very close to totaled.

Anyway, good luck on getting it repaired and pursuing diminished value. The ultimate goal remains the same - 09 CTS-V
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Old Oct 4, 2011 | 12:28 PM
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Again the car is 6 yrs old with a 118k on it. Used oem parts yes. New oem parts for that car no. The hit is no where near hard enough to claim safety concerns about repairs. He does have a chance on DV though.
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Old Oct 4, 2011 | 02:59 PM
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It's all relative to the arguement being made. If the adjuster was to use new OEM parts, the DV claim would be reduced. If they wrote for refurbished parts, the DV claim greatly increases. Can argue it both ways depending on if you value a high estimate (getting it totaled) or a good DV check.

I'd think the DV report will say ~3k DV and he should prolly accept anything over 75% of that number depending on how good at negotiating he is feeling that particular day.

But yes, you have DV claim and IMO should pursue it. PM me if you want a name or two of companies I've had very positive results with.
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Old Oct 7, 2011 | 08:45 AM
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There using OEM Parts.

Looking at it now its not bad. it has 118k miles but water pump, timing belt etc all replace by Lexus so I should be able to take it too 200k miles. Plus it's paid for.

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