Totaled?
09-30-2011, 09:31 AM
#28
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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.
09-30-2011, 12:07 PM
#31
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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.
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.
09-30-2011, 04:44 PM
#33
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.
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.Let us know what they say about the car.
10-03-2011, 11:01 AM
#34
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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.
Let us know what they say about the car.
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.
10-03-2011, 05:27 PM
#36
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.
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.
10-04-2011, 12:13 PM
#37
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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!!!!
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
10-04-2011, 02:59 PM
#39
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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.
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.
