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Questions About Auto Insurance and Accidents

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  • desterniesdesternies Member Posts: 3
    :sick: Hello all.....i am new to this board and was searching for help with my delima. We parked our car about a month ago since it is our spare car. it has been a stormy summer and we have gotten several huge storms. we had no idea that there was a leak. I went to the car a few days ago and to my horror it smelled terrible....and upon further inspection i saw mold growing everywhere.......its on the seats, the floor was soaked and large clumps of mold had formed, head liner, shifter, dashboard.....everything, absolutely everything!!! I called my husband down to see the new growth in the car. We decided to see just how bad it was.....by taking it apart....cause at the very least we needed to stop or try to stop any further damage. The mold is under everything as well. It's not worth all the work we have to do to get it back to drivable again. we need to replace almost every fiber in the car. Now your saying to yourself......"well yeah, claim it out." But here is our delima......

    The car has some cosmetic defects, it had a body kit that was done away with and replaced with mismatching bumpers and rocker panels. The interior has been removed to attemp to clean it. Other than that it is great.....here are the details.
    2001 Grand Am Se 4cyl
    65,000 miles
    Rare 5spd tranny, only 200 made.

    We are concerned that the value assesed would be nowhere near what its worth. The depreciation of the mismatched bumpers is understandable, but would the interior being removed cause it do depreciate more despite the fact that we have all the parts. Myself and husband are alergic to mold so working on it thus far has been hard, lots of benidryl!!! we dont lookforward to working on it further. If anyone here can give us a realistic ballpark estimate, i know its hard to do because you cant visually check but please, i am not flubbing the condition at all. We wanted to try to fix it and solve the issue ourselves, but it is way too much for us to take on. but we cant afford to loose too much because of alergies and the level of repair that needs to be done.

    Thank you all in advance,

    Mold&Spore
  • cccompsoncccompson Member Posts: 2,382
    Are you asking how much it would cost to have it repaired?

    The car wasn't worth much before it was damaged, perhaps $4000. It sounds like a total loss to me because, in addition to the extensive mold, there almost has to be water damage to electrical components also.

    Even if it can be repaired, it will be essentially worthless to any potential buyer down the road once you disclose what it was subjected to.
  • desterniesdesternies Member Posts: 3
    We're mainly asking 2 things.
    First, you're exactly right. What roughly would it cost to repair?

    2nd, if the best option is to claim it and get rid of it, what could we actually get?

    The car's not worth much anymore, I understand. But after the car loan, warranty, and interest on it all, I paid a total of about 28 grand for the car. (20k over a 5 year loan, high interest rate)
    A huge loss for us. We're of meager means, and we're afraid that with what we would get for the car, there's no way at all we would be able to replace it with something of equally reliable operating condition.
    I mean, except for the water leak and mold, the engine and tranny have been very well taken care of, and are super strong. The car drives like new.

    We have a $1000 deductible, which makes it worse.
    Our other fear, is we already pay 115 a month for insurance. We're afraid our rates would skyrocket beyond what we could afford to pay.

    We really don'e know what to do here. I'm afraid we're stuck between a rock and a hard place here, and don't see an option that doesn't hurt. :cry:

    Thanks again in advance for any replies and advice.

    Mold&Spore

    PS: The car is in fact exhibiting an electrical problem. The car is hard to start, and the dashboard lights freak out. And my ABS is disabled for some reason.
  • traindrivertraindriver Member Posts: 328
    Kierra,
    I would call him and see what he wants. Maybe he lost the insurance information and needs you to give it to him one more time. If a cash settlement is what he is looking for, I personally would not go this route if it were me. There are too many ways you could get burned. What if you gave him the money and afterwards he tries to turn it into your insurance company anyway? Call him during business hours, provide him with your insurance info once again, and politely inform him that you have no desire to handle this directly with him -- he must contact your insurance company if he wants to pursue this any further. (Hopefully, you will get his answering machine.) If he gets nasty, tell him you will call the police.

    I don't blame you for being annoyed (more likely, threatened and spooked out) by him calling you at home and especially at work. I would be alarmed as well if a stranger is able to find out my home phone number if it wasn't listed in my name. Is this a small town where everybody knows everybody? There is probably a reasonable explanation for how he got your contact information, but still it is a bit creepy.

    Let us know how it turns out.
  • traindrivertraindriver Member Posts: 328
    It's nice to see that there's some rough justice in the world for those so inconsiderate as to open their doors into the sides of adjacent vehicles. IMHO there is no excuse for causing such avoidable damage.

    Well now, who hasn't been both the victim AND the culprit of such things?? If there is one thing more satisfying than seeing "rough justice," it's seeing those on "high horses" getting knocked off.....or seeing a stone boomerang back towards the proverbial "glass house."

    avoidable damage = accident
  • cccompsoncccompson Member Posts: 2,382
    Sorry, I have to disagree. "Avoidable damage" does NOT equal an "accident." Door dings are (at least 9 times out of 10) due to people who simply don't give a damn about others. In 35 years of driving I've never damaged another vehicle by opening a car door. Unfortunately, I have occasionally been the victim though.
  • cccompsoncccompson Member Posts: 2,382
    What you've spent in the past on this car is gone. You can't get it back. Forget about it.

    Call your insurance company to see if the damage is covered by your policy.

    If so, put in a claim, take the money and move on to something else. One possibility that might net you a bit more would be to have it declared a total loss, settle for a bit less, keep the car, and part it out.

    If you can't claim the loss (or decide against doing so), I cannot too strongly urge you not to put money into repairing it though - it likely will never be right. Part it out and be done with it.
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    My 20 year old son has a pretty bad driving record. This includes an accident and enough moving violations to get a one month license suspension.

    Recently he has cleaned up his act, gotten a job and now wants to buy a car so he can drive to work. Of course I insist he get his own insurance.

    I'm sure he's looking at some major costs because of his record. I've seen defensive driving courses where they reduce your license point count by four. I was wondering how much this would save him on his insurance. We live in NY.

    P.S. I would like him to take the course just to improve his driving but the money savings would be nice too.

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • cccompsoncccompson Member Posts: 2,382
    It can't hurt to ask your agent what the savings might be but, face it, young males pay through the nose pretty regardless (and with good reason).

    My son just turned 22 and has no accidents or moving violations in more than 3 years. He drives a '99 Maxima and has bare minimum liability coverage and carries comprehensive on it. Nationwide charges him about $900 per year here in their headquarters city.
  • lilyowenlilyowen Member Posts: 125
    Mold&Spore:

    You will probably just end up writing off this vehicle -- thankfully, though you state you are of meager means, it is a spare vehicle that you seemingly didn't need for at least a month.

    Before you file a claim with your carrier and waste everyone's time, and ding your policy for an at-fault comp loss (and the ensuing denial) you should contact your agent, or get a copy of your state specific policy.

    There will likely, nay, almost certainly, be an exclusion for any damages caused by mold, mildew, decomposing material, etc...

    Or, they could simply say that mold does not fit the definition of a "loss" as stated in your policy. If you check this there is usually something indicating that the loss has to be sudden, immediate, unforeseen, etc... A months worth of mold buildup is not likely a loss to your carrier either. Nor is the leak, probably, it is likely wear and tear -- another item sepecifially excluded by yor policy (likely.)

    This is almost certainly not a loss that any standard insurance company will cover.

    That being said, you should look through your area phone book, or the internet, for bio-hazard cleanup companies. They can work wonders sometimes, and you may only end up spending money for the cleanup. IMHO though, if the mold is really "that" bad, I would clean it up as best I could and try the private market for a month or so, then just sell it as salvage -- you should get 1.5k out of it at least.

    Good luck, and in parting, I would suggest you don't drive it (except to move it) until you get some sort of cleanup completed -- for health reasons.
  • desterniesdesternies Member Posts: 3
    lilyowen :

    THANK YOU!!

    This is exactly the type of info we were looking for. We wanted to call the insurance co and ask them our options, but just TALKING to them about it gets a claim number, wether it's paid or not, and therefore our rates rise. SO we couldn't do that.
    Thank you for giving us a direction to look in, and some pointers, so we don't have to take that hit just to find out some info.

    And yes, we are of meager means.
    Him: $14 hr full time
    Her: Stay at home mom unable to work due to health reasons.
    We do also have an early 90's nissan with 130k on it(nothing for a nissan! drives like new!) that was given to us by her parents for exactly this situation, if one car broke.
    See, we have 2 little girls, now 2 1/2 and 1, and if we only had one car and it broke, we'd have no transportation. So they gave us the nissan.

    Again, thank you for your info. We wouldn't be able to take the hit on insurance just to find out we were barking up the wrong tree, and were then stuck with 5 years of higher rates because of it. It's hard enough to support a family on one income here in the northeast.

    As far as the leak, I found the source, and it is 2 things: one, the window was sealed with a plastic gasket, instead of rubber. It is documented as an issue an NHTSA.gov, and GM fixed it in following model years.
    Second, there is a foam gasket that went bad, also documented on NHTSA.gov, that lets water in through the air vents.
    Both issues cause damage for a long while long before it's noticeable. (the factory sound deadening is rubber backed, keeping the water in the vehicle, and keeping the carpet above it dry, until it's too late)
    I checked both of these issues after finding them on nhtsa.gov last night, and I do in fact have both problems. Unfortunately,not enough models affected to do a recall. :(

    Again, thank you all for your time and advice!! We appreciate it very very much!

    And if anyone else has comments or advice, please, by all means speak up!

    Thanks!

    Mold&Spore
  • euphoniumeuphonium Member Posts: 3,425
    Lilyowen is correct. The mold accumulation did not happen suddenly and accidentally, therefore it is not a casualty type of loss. He has offered excellent advice. Take it.
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    "...Buy a gun and learn how to use it. If he shows up at your house use it..."

    Boy, you folks in Florida a re a rough bunch. I bet there aren't too many door to door salesmen left down there. ("Hello mame, I'm with the Fuller Brush Co. and I'd like to" BANG BANG BANG)

    This guy might be a decent fellow with some poor social skills. Since she has never talked to him other than when he was upset in the parking lot she has no idea if he is a threat at this point. If she is so scared of him I think the suggestion to refer him to her insurance is a good one. I know that if someone dinged my car and then refused to speak to me I'd be kinda upset.

    BTW, up here in NY the anti-gun nuts have it so upside down that the only time you can shoot an intruder is if he has already shot you first.

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • mikefm58mikefm58 Member Posts: 2,882
    Did you even read the original post in it's entirety? It's a clear case of stalking and harrassment from someone who is bent on making her life miserable. There's no telling what a maniac like that might do.

    She already gave her ins info to him, numerous times, yet he won't call them. Why? What other motive might he have? He's called her many times both at home and at work. Hmmm, I wonder why he won't call her ins co? I can't believe that doesn't sound very odd to you.

    Sorry oldfarmer, but you really missed the boat on this one. Go back read the original post.
  • marsha7marsha7 Member Posts: 3,703
    the idea of getting a gun and learning how to use it, but that is just for general principles...:):):)

    I would simply give him your insurance info again, and then tell him to leave you alone or get a restraining order...BTW, restraining orders are less than useless, I fail to see how a piece of paper will stop someone from breaking down your door at 3 am, except that it documents your need to be able to use that gun in Paragraph 1...NEVER depend on an order or the police to protect you, they are beyond worthless, unless maybe it is the Secret Service...

    I hate to be cruel, but this entire situation violates my basic rule, GET A POLICE REPORT!!!...it would have documented the scratch, and, mostly, documented that you did not total out the OTHER side of his car, which he probably damaged 2 years ago and now expects you to fix it...

    So, by trying to save money, it has cost you all this aggravation...a simple police report would have documented the lack of injury (car unoccupied) and a simple scratch from your door to his, not a totalled out right front...

    GA, like FL, is a "stand your ground" state, finally placing the absolute right of self defense in the hands of the citizen...luckily, here in the REAL America, once the guy breaches your door sill by breaking in the door, or the window, you have the absolute right (and duty, IMO) to use unlimited deadly force, with the law making the PRESUMPTION that anyone breaking inot your home is not there to give you the winning check from Publishers Clearing House...

    Unlimited deadly force may include, I believe, cruise missles, bunker busters, Howitzers, any other artillery, battleships, aircraft carriers, and tactical nuclear weapons and neutron bombs...OK, this paragraph is only joking...:):):)...but, letting your imagination run wild... ;););)
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    "...Go back and read the original post..."

    OK, I did and I still don't see what you are seeing. This guy could have a number of reasons for his persistent calls, including getting obsessive about why this person won't talk to him. He could be avoiding the insurance company because he is afraid off an accident now being on his record.

    Maybe the guy is an illegal or maybe he is just a dope who had bad experiences with insurance companies or maybe he is a scammer who wants to dump every scratch onto the bill. None of those justifies shooting him or even getting a restraining order.

    The police basically laughed at her complaint and while the cops sometimes are lazy I doubt they would give her the brush off if they thought there was any real danger.

    How about this, have a police office call the guy to see what he wants?

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • imidazol97imidazol97 Member Posts: 27,675
    >How about this, have a police office call the guy to see what he wants?

    That would work wonders.

    My wife had her purse and checkbook stolen in the workplace years ago. Later we got a nasty letter to the address used on the checks from an old geezer in a nearby small town who had sold a handgun to a young person claiming the check was from their mother. He had found out the account was closed because the check bounced. I sat across from the police chief and told him the tone of the letter was threatening. That's all he needed. We never heard another peep.

    If we had not used a business address, a PO Box, on the checks, I believe the old guy would have shown up at our residence to try to collect for the gun he was dumb enough to sell via classifieds and take a check in payment.

    Don't deal in any way with this guy.

    2014 Malibu 2LT, 2015 Cruze 2LT,

  • mikefm58mikefm58 Member Posts: 2,882
    You're reading it from a liberal point of view....well maybe there is a logical reason why he's called 600 times. And I'm reading it from the other side of the spectrum....anyone calling more than a few times after they've already been told to call the ins co is probably out to do no good.
  • mikefm58mikefm58 Member Posts: 2,882
    Great post!!! When Florida went to a "stand your ground" state, the anti-gunners were claiming we'd be having shoot outs at Little League baseball games.....Ha.....

    I'm not a fan of the Bush brothers, except for this issue, well I do like Jeb, but GW is another story.
  • euphoniumeuphonium Member Posts: 3,425
    Old Farmer: Gun control is using both hands. ;)
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    "...maybe there is a logical reason why he's called 600 times..."

    600 times!? I must have missed that. I change my position...shoot him. :mad:

    "...You're reading it from a LIBERAL point of view..."

    Dang! Now you're just being insulting. Just because I live in the People's Republic of New York doesn't make me a liberal. I may be the last non-liberal though :(

    Hey here is a taste of what you all are in for when our dear Hillary becomes queen...er...president. A guy in my county had some woodland that a bunch of punks were tearing up with ATV's. He asked them to leave and they said the usual profanities and then tried to run him over. Next time he was in the woods he took his shotgun. Sure enough he runs into the same gang and again, they try to run him down. He fired one shot into one of their tires in self defense. Guess who went to jail. That's right, the landowner for reckless endangerment.

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • Kirstie_HKirstie_H Administrator Posts: 11,242
    Um... this conversation might be better suited for our Politics discussion. Be careful in there.

    MODERATOR /ADMINISTRATOR
    Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name.
    2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h)
    Review your vehicle

  • marsha7marsha7 Member Posts: 3,703
    THAT is why America lives on in the South...hold my beer and watch this!!!

    Not bad for someone (me) born and raised just outside New York City, but I left years ago when the entire Northeast went Liberal/Socialist/Communist and its very existence is an act of treason, IMO...

    Way down South in the land of cotton...
  • mikefm58mikefm58 Member Posts: 2,882
    I know where you're coming from as I'm originally from upstate NY.....and sorry if I was too sarcastic.....Peace.
  • grandma22grandma22 Member Posts: 4
    I own a Pontiac Bonneville, and was involved in a accident last March, had it towed to a car repair place and Hartford insurance listed prices for all new parts except one. The car repair place put on 2 more used parts. The lower control arm and a rt knuckle. Hartford sent them there money as if all parts were new. Is this legal on the car repair shops policy. Nothing was in writing that they were going to do that.
    Thanks
  • volvomaxvolvomax Member Posts: 5,238
    If the body shop charged the ins co the new part price for used parts,no that is not ok.
    if the bodyshop charged less for those parts,the ins co is probably fine w/ it.
    Alot of ins companies prefer to use aftermarket or used parts if they car. Keeps their costs down.
    As the car woner,you must insist that only new OEM parts are used to repair your car.
  • lilyowenlilyowen Member Posts: 125
    While not entirely related to the original post ... you should understand that you may indeed insist on only new OEM parts -- however, an insurance company does not necessarily owe for new parts, only like kind and quality.

    Used parts are precisely what everyone has on their car right now, and they are a viable replacement option.
  • marsha7marsha7 Member Posts: 3,703
    I do not quite agree with you...here in GA, insurance companies usually will replace with new parts on vehicles 1-2 years old...3 and up (not any law but seems to be the "standard of care")will often have used (junkyard) parts, simply because if the parts are in good condition, there is no reason not to use them...

    You can DEMAND only new OEM parts on your 1999 Grand Am, but you will pay the difference between used parts and OEM new parts...
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    "...You can demand only new OEM parts..."

    Quite true. When I got dinged in the parking lot the insurance company told me they would use used parts on my 1997 Chrysler. I was fine with that. Why would you put new parts on a 10 year old car. Now if it was one year old that would be different.

    BTW, they guaranteed the parts for the life of the car. The original parts didn't have that guarantee.

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • grandma22grandma22 Member Posts: 4
    Hi Volvomax,
    How can I fight this? Take him to small claims court to get the difference back? about 528.00 .
    Or should my insurance co. fight him for the wronful doing to them?
    He is saying that we agreed to used parts on suspension, but we didn't and there is no signature on file that says we o.kd. it.
    :mad:
    Also the lower arm that was used broke and caused a lot more damage to the car, and had to be repaired again, so we took it to a different shop and they put on new parts. But I had to pay the 500.00 deductable and the part of the lower arm control.
  • imidazol97imidazol97 Member Posts: 27,675
    >He is saying that we agreed to used parts on suspension, but we didn't and there is no signature on file that says we o.kd. it

    This sounds like insurance fraud to me. He gets paid for new parts and puts on old parts.

    I had a dealer repair shop long ago put on a rechromed bumper instead of the new one paid for by insurance. They had called me and mumbled around that they were having trouble find a new one (yeah, sure) and I told them to keep looking. When I saw the imperfections, I went back raving. They replaced it immediatey. They had no trouble finding the new bumper for a Ford then!!!

    I later talked to the owner of the dealership in the small town Ohio. He was nasty. I was glad a few years later when they went out of business.

    2014 Malibu 2LT, 2015 Cruze 2LT,

  • volvomaxvolvomax Member Posts: 5,238
    If the ins co got billed for the $528 then they have to get it back.
    However,there is ro reason for you to eb out the deductiblw if that used part failed on the car.
    You should have taken the car back to the original shop and demanded that they fix it right.
    If you believe that fraud has been committed I would contact your local Better Business Bureau and the Attorney General's office.
  • mrinaldutta12mrinaldutta12 Member Posts: 1
    My friend took his car for oil change to BMW of sterling on Aug 4 2007 at 11.30 a.m

    He owns 2006 BMW 325 i.

    The porter or guy who drove the car hit it against BMW SUV which belong to BMW of sterling.

    My friend called cops.He spoke to their insurance guys also.

    They said they will fix the car.But we never know will they fix it properly.

    He is planning to sell his car.But now the car value has diminished.

    The impact was to the front right portion of the car. Headlamp assembly, hood,bumper, fender, door, radiators, wheel well plastics, wires, hoses, etc. It looks like at least $10,000 in repairs. His car has approx. 14,000 miles and was perfect in all ways before the wreck. What should he *** I would think that it's not too much for him to ask them to buy his car for at least the market value just before the wreck. What do you think?

    But they declined to pay for the car.
  • volvomaxvolvomax Member Posts: 5,238
    I have to believe that a BMW dealer is capable of repairing a BMW properly.
    So, lets drop that nonsense.

    Accidents happen,that is why you have insurance.
    It is silly to make a dealer buy a car just because had an accident in it.
    If I loan you my car,and you wreck it,should I make you buy it form me for its full market value?
    Of course not.

    Now, is the cars value diminshed?
    Yes, it is.
    How much is the question.
    Since the dealers ins co is on the spot,you should be able to make a case for diminished value.My advice is to have your friend contact his ins co and find out what information and what process is necessary in VA to file such a claim.
    May need a lawyer too.
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Usually a Diminished Value Claim will require an independent appraisal (someone you hire) stating the amount of diminishment. I would think about 25% of book value or so. This is a claim filed against the BMW dealer's insurance company.

    If the dealer's insurance company refuses to pay you can sue them for diminishment and probably win. The other insurance company will definitely fight this or drag it out, and will require you to do further legwork.
  • lilyowenlilyowen Member Posts: 125
    I hate to bring this up -- especially regarding a post by the "host" ... Buuuuttt, you cannot successfully sue the insurance company for diminished value -- in fact, any suit brought against the insurance company for damages caused directly by the BMW dealer would be dismissed out of hand.

    You would be able to sue the BMW dealership if you wished, however. I don't know about probably win, and I certainly doubt that 25% is an accurate DV value. Heck, why repair the car if that's the case?

    I agree though, on this type of car it would be valuable to posit a case for DV and I see more and more sucessful cases brought up -- without having to go to court. Times are changing on DV and some carriers are beginning to pay out without an enormous fight -- but rest assured, like everything else, it will be less than the DV you want, but just enough to keep an attorney from taking the case.
  • tidestertidester Member Posts: 10,059
    regarding a post by the "host" ... Buuuuttt, you cannot successfully sue the insurance company for diminished value

    I don't know whether you could win a denial of claim suit. In any case, Shifty is a visiting host in this section and we welcome his input. :)

    tidester, host
    SUVs and Smart Shopper
  • marsha7marsha7 Member Posts: 3,703
    normally sue the person or the company (dealership) that damaged your car...in fact you would probably sue the person who drove the car (as an employee of the dealer) and also the dealer under the concept of "respondeat superior", meaning that the company is responsible for the actions of their employees...

    Assuming the usual procedure, you would be awarded your judgment in court, and then you attempt to collect...the person could pay you themselves (highly unlikely), the dealership could write you a check (possible, but unlikely) or the insurance THEN STEPS IN and, because they insure the dealer, writes you a check to cover the judgment (most likely scenario)...

    You rarely sue the insurance directly, unless you are their policyholder and thay have acted in bad faith...

    Boring civil procedure, just what you wanted on a Thur morning...:):):)
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    For those of you who are interested in more info on Diminution of Value, here's an interesting website:

    http://www.ican2000.com/dvfaqs.html

    Visiting Host
  • noahchunnoahchun Member Posts: 2
    I received a letter from my insurance company.

    My insurance company still needs for being the SUBROGATION DEMAND FROM ONE OF CLAIMANT ON OTHER CARRIER to other.

    In response to above letter, I believe that my insurance company does not responsible for being paid to other without their right documents. Is my idear correct?

    Please give me an answer as soon as you can.

    Thank you
  • marsha7marsha7 Member Posts: 3,703
    Forgive me, but it appears that you have done what I often do...type your post so fast that words are left out and grammar is poor...hey, I do it all the time...:):):)...

    Please try again, as I ALMOST seem to understand what you are asking...
  • southerndivancsoutherndivanc Member Posts: 1
    Good Evening

    I pray that you can help me with my dilemma. I have a 2007 Toyota SE Camry; I took my car in for an oil change at an establishment that I have been dealing with for years. It took about 30 min for the oil change; I got into my car to leave, when I was a mile down the road the oil light came on. I tried to make it to the dealership until it start smoking and cut off. I got the car started and decided to go back to the place that change my oil. I could not make the car just died in the middle of the street. I had to get my car towed to the dealership where I purchased my vehicle. The place that changed the oil gave my information to there insurance; it took them 3 days to call me with any information. To make a long story short we have been going back and forth about how to fix this problem. The car needs a new engine ($14,000), last week the car was totaled and they offered me $21,000, I declined that. On Friday they offered $22,700 and I declined that also. They asked me if my insurance will cover the remaining balance on my pay off. Nation Wide will not cover it not will my GAP cover it due it not being totaled due to theft or car accident. On Monday they called and said they wanted to fix the car.

    I’m having a problem with why they totaled it last week and now they want to fix it. From my understanding from the dealership for a new engine for my 07 SE Camry they will have to stop production to pull one from the line. With $14,000 plus the amount the dealership charged to take the engine out of the car and my rental $3,000.00, it looks like it would cost more to fix the car. This is a band new car with less then 20,000 miles

    I really need some advice, I have tried to find a lawyer on base through the legal services and even on my own and No body in the state of North Carolina seems to have a solution to my problem. This was my dream car, the car I went to Iraq to earn money for and now I’m making payments and have not driven it since 20 July :cry::cry::cry:
  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Why not talk to the owner of the dealership and propose he sell you a new car for a fair price less the use you had on the 2007 on a per mile basis; otherwise he'll HAVE to fix it under his "errors and omissions" insurance. The factory isn't going to pay for his employees carelessness that's for sure.

    If the dealer destroyed your engine then he owes you a new engine. I don't know that you can ask for more than that, legally speaking.
  • qbrozenqbrozen Member Posts: 33,736
    OK. So you had the oil changed at a NON-dealership, correct?

    First, I can't believe a new engine on this car costs $14k! Good grief, times have changed? When did Toyota start using BMW engines?

    2nd, I think you are treading on thin ice, to be honest. You should NEVER have let the engine run for even 1 more minute after the oil light came on. I would be very careful about how hard I push, if I were you. Or be very careful with how I explain the course of events.

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • Mr_ShiftrightMr_Shiftright Member Posts: 64,481
    Ah you read it better than I did...yes, it sounds like he didn't do it at a dealership....

    Well, then...the shop has insurance and has to fix it, or you sue them for damages. Toyota is off the hook, near as I can tell.
  • euphoniumeuphonium Member Posts: 3,425
    First: I sincerely Thank You for wearing the uniform and defending us against the Terrorists in Iraq. Bless you.

    However, any vehicle with 20,000 miles is no longer brand new.

    The $14,000 charge by the dealership is way out of line.

    The establishment that did the oil change is responsible for your having the repairs made. Their "Garage Keepers Legal Liability" policy will cover all, but the Drain plug if that is what was not screwed in properly. You need to deal with the insurance company that insures the oil change establishment.

    If I were in your situation, I'd be flexible and allow the company to pay to install a V6 engine from another used Camry or Avalon with 10,000 or less miles.

    Good Luck to you.
  • tidestertidester Member Posts: 10,059
    I'll second that motion!

    tidester, host
    SUVs and Smart Shopper
  • oldfarmer50oldfarmer50 Member Posts: 24,200
    My son has a really poor driving record. He has just purchased a car of his own to travel to work. I was helping him get some insurance quote and something odd happened.

    I knew that because of his multiple tickets he was going to pay a higher rate. Most of the quotes came back in the $1500-$2000 range for six months. Compare that to my rate of $259 for the whole year.

    One company (Progressive) came back with a rate of about $650 for six months. We jumped on it.

    Now I'm wondering, what's the catch? Do insurance rates vary that much? This rate is 75% less than some other quotes. I figured rates would vary by 10-20% but this seems too good to be true. It is actually less than my insurance company charges me to have him on my policy.

    I asked the company representitve point blank, is this a teaser rate that will jump at the end of six months and he said that if my son had a clean record between now and then his rates should stay the same.

    Any thoughts? Great bargain or not? :confuse:

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • mikefm58mikefm58 Member Posts: 2,882
    I too have a 19 year old son with a poor driving record. He's got only one ticket, but 3 minor accidents. He's paying $1150 every 6 months for just liability coverage at 250/500/100 with State Farm here in Florida. That includes a good student discount because of his grades, which I think is a few hundred bucks each time. No other company including Progressive could come close and some wouldn't even take him.

    What coverages are included in the quotes? Even if it's just liability, the Progressive quote isn't too bad.
  • euphoniumeuphonium Member Posts: 3,425
    A QUOTE is always subject to underwriting information not on the application. If the policy is issued and there is no increase within 60 days, the Quote sticks on the barn door. Hold you breath.

    It would be helpful to know his age, marital status, distance driven to work, the car, & what's on his MVR. :blush:
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