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Questions About Auto Insurance and Accidents



  • rroyce10rroyce10 Posts: 9,359
    **I was hit in rear by tractor trailer** ...... Yikes.!

                I hope everyone is ok .. car parts are easy to come by, body parts are hard to find ....

                  Gimme the skinny on this dude: miles, options, color, miles, year, damage description - and location ......

  • and insurance company says "repairable vehicle" not a total loss. My concern is long term reliability/safety of car once the repairs are done. I was hit in rear by tractor trailer. Repairs are estimated at $15k. Do I have any recourse with insurance company to argue that vehicle should be total loss or I am forced to accept what insurance co. says is a repairable vehicle? Thanks in advance for any advice.
  • Terry I believe. I sought your assistance in negotiating prices when buying this car so pretty ironic. I and others involved are fine thank you. Anyway it is black '04 I35, beige leather, with 7k miles, base luxury model no sport package or nav system. I bought new from dealership in Ohio around June or July of 2004. I was hit in rear and pushed into another car. Most damage is in rear with some damage to front fender also. Entire rear fenders, quarter panels etc. are pretty smashed inward. Sheriff and others on scene said without hesitation car was totalled. Like I said, body shop/Insurance appraiser are saying about $15K woth of damage as far as they can tell now.
  • Kirstie_HKirstie_H Posts: 11,104
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  • rroyce10rroyce10 Posts: 9,359
    ........ Ouch, I'm getting whiplash just reading your post ..l.o.l.....

                  The problem with an accident, and then the potential rebuild, is going to be the "teardown" at the body shop, you can't lose control here ... (airbags.?) right now, everyone is thinking $15,0 - but I have a stupid feeling once they get into it, they will be lookin' down the barrel of $16/$18,0 (and the body shop probably already knows it) .. not to sound smart, but it's kind of like a Funeral Home deal "whatever it takes" 7/8 days later and your paying $20,000 (thinkin' $10,0) ..

                     Things like rear suspension components, underside parts, probably frame and rail damage, new rear doors, trunk lid, roofline pillars, front fender, maybe air condenser, radiator, bumper covers, head and tail light assemblys, then all the small stuff and then all of the paint work - just guessing, but it sounds like: "is broke" .... body shops do what they do best, fix em' and this is a real nice fat order, so they will be pushing to keep this little hobby going .... and once they have it all apart, then it's their world and your just living in it ...

                     I dunno my friend, the insurance company can replicate this vehicle at the auction for the $23ish range ... they can also get a salvage company to give them at least $5,000++ for it as it stands (and thats conservative) .. I would be pushing for a straight total on this pup, and keep Mr. Rebuild out of the picture .. because once it's done and done even "right", it's only going to be worth the $15ish range, you have Carfax and any good blind Used Car guy will see it ~ no matter what the Bozo body guy tells you ..... tell the insurance company to replace it, or cut ya check and wave goodbye ............ let me know.

  • Is the replacement cost the same as the fair market value...does not look like it.

    Please help,
    Someone ran into my car four weeks ago. The other driver was charged by the police for causing the accident, and the driver of the accident admitted liability. The good news is the insurance company will pay. My car is a total lost.

    But the question is “how much” will the insurance pay, now. The insurance company, Progressive Insurance, wants to give me “the price” that similar cars sold for not what similar cars were price. The insurance company offered me $2,000 not the sale price of the car, which is around $3,500. I’m having a devil of a time trying to get people to give me, on paper, the price they sold similar cars. My thoughts is to take Progressive to small claims court for the $1,500 difference and tell them I want the blue book, NADA, Edmunds, etc price of the car. I can’t substantiate the insurance company’s numbers.

    What did I do stupid? Here it comes. I settled the medical portion of the accident two days after the accident. Big mistake, I know I should have waited and used it as leverage to get more for the value of the car. I know it was stupid, now.

    What do you think of my chances of winning in Smalls Claim Court?
  • qbrozenqbrozen Posts: 28,564
    I think its supposed to be replacement cost, no?

    In any case, why don't you give all the specifics of your car so we know what we're talking about here.

    '07 ML63, '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c, '14 Town&Country Limited; '18 BMW X2. 53-car history and counting!

  • Okay,

    it is a 1992 Nissan Maxima SE, 140,000 miles
  • ...more information on the Nissan I'm in Atlanta, GA
    the insurance company (Progressive) wants to give me $2,100.00 the repairs are estimate at 1,500.00. states it is worth $3,395.00
  • steine13steine13 Posts: 2,796
    " states it is worth $3,395.00"

    It's really impossible to have a "book value" on a 13-year-old car. It could be near junk, or in really good condition. From your ins co's point of view, the question is what can a similar car be bought for in your area.

    The only thing I can suggest is to take some pictures of your car around to used-car dealers, see what they've got, and ask them their opinion. You'll spend half a Friday, but you may find that the $2,100 is fair. Or not.

    It's really difficult to find a good car for that kind of money, and your Nissan may have served you another 5 minutes, or another 5 years...

    Good luck!
  • mpm1mpm1 Posts: 1
    My father was visiting here in arizona from florida and driving my car and hit a car turning left in front of him,he received the citation for going through red light, the 2 people in the car he hit got hurt & the 2 cars are a total loss. My dad has insurance in his home state my question is what company pays (mine first then they collect from his)? please help mpm
  • In particular, what are my chances in smalls claim court. One man against a corporation. :0
  • janzjanz Posts: 129
    You will have to substantiate your claim for an increase in the settlement whether you present it directly to the insurance company or in small claims court.

    I have has success presenting such a case to the ins co and obtaining a higher settlement. So, it can be done. However, if you can't substantiate it, small claims court will do you no good.

    MPM-I've always been told that the insurance follows the car.

    Good luck to you both.
  • mghemghe Posts: 1
    I had an auto accident. My car did not have insurance at that time. The story is:
    I was driving straight through a traffic light intersection when the light was yellow. At that moment a car on the coming direction turned left. Although I applied brake and turned my car but still hit his cars rear bumper. I am sure when I was passing through it was yellow. That car's driver also claimed when he turned his side was green. I do not have a witness. I don't think he has witness too. (No any witness showed up at the accident site when a policeman was there). Now his insurance company said I am financially responsible for his car's damage.
    1. How can they prove that's my fault in this case?
    2. If they do not have witness to prove that, shall I be responsible just because my car hit his car rear?
    3. I am sure if I didn't apply brake and turn, his car will hit my car. If that happens, will they pay my loss?
    Thank you for any advices.
  • I recently had a very bad accident in a 2003 Honda Civic Coupe EX.I hit an embankment at over 50 mph and the airbags didnt deploy. The car then proceded to slide 254 feet on its side, and the rear hit a ditch. The front, side, and back of the car are completely destroyed. Should the airbags have deployed and what should i do about it? Also, if the civic is worth $14000 how much would the damage have to be to have it considered a total loss? Because in the shape it is in now i dont want it back ever!! So how much damage will there have to be to total this car?
  • steine13steine13 Posts: 2,796
    (i) Sounds like you got really lucky in the wreck.
    (ii) Since you are talking to us, I'd guess it was OK that the bags didn't deploy. How fast you were going when you hit is irrelevant; what matters is the force (or, if you will, the deceleration).
    (iii) If you ask over in "real-world trade-in values", you might learn how much your Civic really was worth... $14 is a lot of bread for a two-year old economy car, even an EX. If it's worth $x wholesale dollars, some ins co's will put $x+$1000 into the fix -- cuz they'd have to hand you $x + $2000 to replace the car. + taxes.

    Of course, once fixed, it'll be worth $x-$2,000 because of all the body work :-(

    See what they say, post the details, and the experts here (of which I am not one) will help you out.

  • KCRamKCRam Mt. Arlington NJPosts: 3,516
    I agree with Mathias regarding the airbags. The fact that you continued to slide at speed meant you suffered very little direct impact until the vehicle had slowed down from friction. Airbags are designed to go off only under extreme g-force deceleration (i.e., slamming to a stop) such as hitting a wall or bridge pillar.

    Host - Wagons
  • okdanokdan Posts: 1
    by an under-insured driver who ran a stop sign. My insurance company, Farmers, figured my loss by finding 6 comparable vehicles, adjusting for mileage, options, etc., then estimating a 'take' value for each. OK so far, but then they deducted $1500 from each comp vehicle as a 'baseline' deduction. My car, which I bought 3 months, ago was in near the same condition as when I drove it off the dealer lot. They say the 'baseline' deduction adjusts for the difference in value between the average car on the street and one on a dealer lot. Seems bogus to me. Any ideas on how I can get them to give me the full value for my car? Thanks for any advice.
  • I was in a one car accident where what looked like minor damage ended up being estimated at $3300 at an AIG "preferred" repair shop. Damage was to a 1996 Jeep Grand Cherokee. I initially made an appointment to have the Jeep repaired there, then decided to shop it around and see what I could get by selling it or trading-in without repair in order to not have that claim on my record and pay my high deductible, and I was going to get rid of it in a few months anyway. I discussed this all with the adjustor, who said if a claim wasn't paid out, it would not stay on my record. So, I cancelled the appointment to have it repaired four days after I made the appointment. Later in the day, I got a call from someone at the body shop saying they'd already got the check minus my deductible from AIG and had deposited it. Has anyone ever heard of a preferred shop getting a check after an appointment is made but before the repairs are even started on the vehicle, or the deductible is paid? I was under the impression that I would pay the deductible and the check from the insurance would come after, or at least I would endorse it over to the body shop even if it is sent directly to them before the repairs are made. The body shop indicated this was a new thing that AIG was doing.
  • I had involved in an accident 2 month ago at the other diver's fault. It was a head on collision. both front airbags came out, the passenger side frame tube was bent, my Audi was transferred from the body shop to the dealership today after a 15k+ repairs. (I was told by the body shop that the transmission was sliding when driving) I was told by my insurance agent (AAA) to file a diminished value claim against Farmers(the other diver's I am really worn out by everything going on with my car. can anyone recommend a good place to get the "3rd party appraisal" and how do I calculate the DV ?
    I bought my car in March 2003 at the Audi dealership, A4, 1.8T, CVT, (premium package) silver, black leather interior, 16" alloy wheel, Xenon lights .

    Thanks a lot!
  • I have 17K miles on the car.
    one more question, is my car still safe to drive? thanks
  • KCRamKCRam Mt. Arlington NJPosts: 3,516
    one more question, is my car still safe to drive? thanks

    If the body shop used the word "sliding" to mean your transmission is physically moving during operation, then do NOT drive it. The powertrain should not physically move, save for some minor engine twist during high rev blasts. If there is movement, then the engine torque could have a pretty nasty effect on the trans.

    Host - Wagons
  • prophet2prophet2 Posts: 372
    It should have been payable to claimant alone (assuming no lienholder), the claimant AND the body shop, but NOT to the body shop alone.

    When my daughter's RSX was damaged while parked by a hit-and-run driver, AIG issued the check to her as she did not utilize one of their preferred shops. It is the right of claimants/insureds in our jurisdiction to use the body shop of their choice and insurers cannot "steer" business - they may "suggest" by offering inducements like guaranteed satisfaction of the repair, but cannot require the use of any particular facility.
  • Thanks. I knew the check would go directly to the preferred shop, but assumed that I would have to at least endorse it or co-sign. I have a call into the adjustor, but will have to wait until Monday. Just thought it was a bit backwards for the claimant to be left totally out of the loop, especially when the repair shop has only taken an appointment, not started work. Either way, lesson learned about preferred shops!
  • qbrozenqbrozen Posts: 28,564
    sorry, luther, I've been on vacation.

    well, as was said, this is an old car with alot of miles. I think $3395 is outrageous and would never pay anywhere near that for that car. So I do believe this is a poor evaluation by the Edmunds machine. Have you shopped for a similar car? Honestly, I think the insurance company's number is closer, but my gut is telling me that its still a bit low. Just off the top of my head, I think $2500 is all the money for that car. So I believe you can argue with them, but, in the end, its not going to be worth your time to pursue it in court. good luck and let us know if anything changes.

    '07 ML63, '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c, '14 Town&Country Limited; '18 BMW X2. 53-car history and counting!

  • drujadruja Posts: 2
    I was just in an accident and the other person was at fault and ticketed. Her insurance company has estimated the damage (at their preferred body shop, using aftermarket parts, and discounted labor rates) at $3800 while the car is worth about $8300 (according to low end Edmunds private party resale.

    My problem is this: I have the car because of a divorce settlement, and the loan is upside down (I still owe $10,900). However, I have gap coverage for the vehicle. I don't need or want the vehicle, and everything would be hunky-dory if I could get the adjuster to total loss the vehicle, rather than try to repair it.

    On the damage estimate, I've seen that they will have to pull the unibody to re-align it. I've heard that unibody damage absolutely destroys the trade in/resale value of the car. Do I have any leverage at all to get the adjustor to total the vehicle rather than repair it?

    Should I take it to a body shop that will not be operating at a reduced hourly rate? Should I call around car lots to get estimated trade in to verify the actual value of the repaired car, and to show the full diminished value?

    The car is a 99 Nissan Maxima GLE with 82K miles. Any thoughts or advie are welcome.
  • qbrozenqbrozen Posts: 28,564
    where do you live? I'm curious because, here in Jersey, you are entitled to use whatever shop you want to perform the repairs AND you are entitled to all OEM parts rather than aftermarket. Both can make a big difference on those repair bills.

    '07 ML63, '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c, '14 Town&Country Limited; '18 BMW X2. 53-car history and counting!

  • drujadruja Posts: 2
    I live in Georgia, and have been informed that I can't make demands of any sort of part. As long as the body shop will guarantee the aftermarket parts for the duration of ownership of the vehicle, They can use aftermarket if they want.

    As far as I know, I can use any body shop I like, but the extent the insurance company will pay for parts is that they will cover the cost of aftermarket parts, but not factory. My own body shop would have to either assess the damage as being more serious, or would have to pad the hours at a much higher rate to get the car into the total column, I think.
  • prophet2prophet2 Posts: 372
    Sounds like "brand name" vs. "generic." The question is: "Will the generic item be up to the standard and performance of the brand name (e.g. Viagra)?"
  • jbr01jbr01 Posts: 2
    Hi all... I was just in a small accident. I hit a wooden telephone pole at around 35-40 MPH. The telephone pole snapped in two. I hit the pole almost head on with the passenger side of the frame. The frame horns are all bent now. Air bags did not deploy. Alignment is all screwed up as well as some suspension parts. Bumper and hood are screwed too. But my question is, at 35MPH hitting it head on with the frame, is it likely to be damaged, and if so, can this be repaired?
  • You will need to take your Expedition to a body shop that uses laser frame measuring equipment to accurately assess how bad the frame has been affected. Each accident is unique, so unless measurements on yours is taken and compared to Ford's specs, its hard to say how easily it can be repaired.
  • steine13steine13 Posts: 2,796
    "Hi all... I was just in a small accident. I hit a wooden telephone pole at around 35-40 MPH."
    That ain't no small accident. Congratulations on being alive.

    "Air bags did not deploy."
    That means the deceleration on the car wasn't all that strong... lucky you. The pole snapped pretty easily I guess.

    "Alignment is all screwed up as well as some suspension parts. Bumper and hood are screwed too. But my question is, at 35MPH hitting it head on with the frame, is it likely to be damaged, and if so, can this be repaired?"
    The frame is likely to be damaged, it can probably be repaired, and you probably do not want it repaired. Even if the repair is done expertly, the truck will take a hit in value of something like 30% of what it was worth before you hit. Can't hide it either, frame damage has to be declared at all auctions, and dealers are on the lookout for it. Take that into account when you make a decision about having it repaired vs. taking the insurance check and junking the car.

    Count yourself lucky; if I had hit that pole at 35 mph with my compact car, the pole would still be there... good choice of vehicle for hitting stuff.

    Hope everything works out,
  • Hello all. I was involved in an accident on an interstate in sc. I was rear-ended by a UHAUL that was towing an Acura MDX.

    I submitted a claim last Saturday, talked to an adjuster on Monday, and the appraiser went to where my car was towed and appraised the damage in at $4888. I drive a 2001 Toyo Corolla LE, and the damages (trunk can't close, no rear lights, tore up bumber) renders the car undriveable. I've already faxed in the incident report to the Uhaul's insurance, and other documentation. My car has been at the tow shop, and I had to rent a vehicle to get to work. I called the adjuster today leaving 2 voice mail messages with the Uhaul's (republic western) adjuster to not get a call back. I am ready to get this matter resolved and my car fixed.

    Should this process take this long? Tomorrow'll be a week and I my car hasn't even been taken to the shop yet? The Uhaul was at fault and ticketed, so will they have to reimburse me for my towing, garage fees, towing to the repair shop, and rental?

    Any advice help would be greatly appreciated. Thanks!

    -- Kells.
  • cabancaban Posts: 1

    I am considering buying of the new vehicle and looking a GAP insurance.

    I have a question about GAP insurance
    Let say that I bought a car for 25000 and I put down 5000. So I own to the bank 20000.
    A week later it gets totalled, and the true market value on it is 20000.

    Option A:
    My primary insurance (Not GAP) pays 20000 to the bank and I lose my downpayment. GAP doesn't pay anything.

    Option B:
    My primary insurance pays 15000 to the bank because that's what their share is in principal amount of the car value and it pays me 5000 because that's my share in principal amount and GAP insurances pays 5000 to the bank.

    Which option is right? Or may be they both wrong?

  • corvettecorvette United StatesPosts: 8,064
    If the car gets totalled a week after you buy it, your insurance will probably pay $25,000, unless you way overpaid for the car. They'd probably cut a check for $25,000 made out to your bank and you, and you'd get the $5,000.
  • What's the longest someone's car has been in a body shop?

    My friend's Murano was hit October 12. It's been in a shop since a few days after that. Someohow $2500 damage became over $7000 damage and it's still not finished.
    Everytime they say it's done...they need a new part that they didn't realize cracked... now that thay have the part...they put it in and it's the wrong part.
    I went to the shop on Wed. and it looked almost finished.
    What kind of games are they playing?
    GEICO will not even pay for a rental anymore and they are trying to screw my friend on half of the car rental claim because he submitted it too late. The other insured who caused the collision by driving through an intersection without looking, Allstate, tried to pay only $2500 for damage.
    The bodyshop, I think is milking damage out of the car that may not even exist (these new cars get damage way too easy) and my friend is the one suffering.
  • Your friend is in a tough spot. Since the Murano is a relatively new model, it is not uncommon for a body shop to experience delays in receiving parts. The dealers don't have a lot parts in stock yet, the OEM suppliers are busy fulfilling factory orders, aftermarket parts aren't out yet, not many salvaged Muranos to get parts from etc.
    You didn't say what part(s) the shop is waiting for. If its a part that will affect the safety or prevent another part to be installed properly, your friend's car won't be able to be released even though you think it almost looks finished. Believe me, that shop is not making any more money having that car just sitting around - they want it out as quickly as your friend does, especially if they aren't getting paid until the job is done.

    What I would be concerned with is why the estimate jumped up from $2500 to $7000. Your friend should ask who wrote the estimate - the shop or the insurance appraiser? Did they do a tear down first or just add supplements as the repairs went on? Is this shop a "direct repair" shop for the insurance company that is paying for the repair or is it a shop s/he decided to use on their own? Your friend should argue with the claims adjuster that someone dropped the ball and that someone should continue paying for the rental - either the insurance company or the body shop itself. Good luck.
  • rroyce10rroyce10 Posts: 9,359
    ........ 6 weeks.? not so bad for a newer unit, but the price has tripled.!

                Sounds like they have you between a foxhole and a grenade .... thats why it's "very important" that you meet with the Ins co *and* the body shop at the point of the "tear down" .. even the most reputable dealers on the planet will work the Ins companies (and they know this at the beginning) and the owner is left sitting with an empty bag ...

                  I'm not there to see it, but when they start raising the figures 25%+, then one of 2 things has happened, they are a old rag tag body shop with little or no knowledge, or they are one of the new "online" types that "mask the deal" and pump the prices when the vehicle is apart and all of the work is being done via email approval from the insurance company .....

  • Lets see . . . How long was my car in there for. My '02 Subaru Impreza (released I think in April or May of 2001 The accident occured in January of 02) was in the shop for about 6 months if I'm remembering correctly.

    Part delays for a new model and such. I also took it back six times after this for them to fix the paint because it kept not coming out right (different textures etc)

    Thankfully the body shop provided free loner cars . . .
  • Here's an insurance story. I'm hoping someone can tell me what if anything I should've done differently here because I'm sure this will affect the saleability of my car and all that . . .

    I purchased an '02 Subaru Impreza Outback Sport new in June of 2001 for $19,100. In January of 2002 a 60 year old in a Ford Escort decided he wanted to be in the same lane as me to pass a semi. Problem was I was already in the lane overtaking the semi. He forced me to take the shoulder to avoid him hitting me. As I was laying on my horn and shouting very very very bad words he lost control of his car and somehow managed to wedge it under the rear part of the semi truck for a few seconds (he was sideways) after that he broke off of the semi truck and slammed into the side of my car and forced me onto the median before he shot across all three lanes and crashed through a fence. I managed to get my car back on four wheels and park on the shoulder.

    When the police arrived on the scene the accident was deemed entirely the other guy's fault.

    Me and my two passengers (my nephew and his girlfriend) did not opt to go away in an ambulance to be evaluated. Bad idea, we all ended up being checked out later Insurance did cover this however phew I now know to always go with the ambulance if one is offered.

    Now comes the fun part. My insurance company towed the car to a lot. When I called them to ask the status of the car two days later (the accident happened on Saturday so I would've been calling on a Monday) I was told it was a borderline total and they'd get back to me. I called a few days later and was told the same thing. During this time I was without a car because they said that even though I'd been paying for rental car coverage I did not qualify because I was 20 at the time.

    Two weeks later (Thank God my brother had a 2nd car they didn't need right then) I call them again to ask what's up. I got the same story with it being a borderline total. I somehow managed to get ahold of a higher up who's in charge of claims processing. They'd done NOTHING to my car. It was sitting on the tow truck lot for two weeks. When I asked why they said I had to give authorization for them to take the vehicle. So I gave them the authorization.

    Next I asked this guy about my rental car coverage and why I was paying for coverage that I don't qualify for. Apparantly I *DID* qualify for this coverage they had Enterprise pick me up the next day with a Pontiac Grand Scam.

    After I told him how frustrating this was and that I'd been without a car for two weeks and am also two weeks longer to getting my own car back he offered me a discount on my deductable (from 500 to 250) which I took.

    So then the car was towed to their assessment center. They did an estimate which was less than 80% of the total car's value. So they took it to a body shop to repair it. (I did tell them at the beginning that there was so much damage I'd feel better if they'd just total it)

    It took six months (big delays on getting parts) to get the car back on the road. Most of the damage was to the body and suspension. After which I had to take it back for a loose sway bar, rear seats not latching, loose hub nut causing car to brake involuntarily to the left, repainting because they screwed up and you could see the difference in texture among other things.

    The total repair cost was slightly over $12,000

    I still own this car and have scattered problems here and there with it.

    As soon as I got the car back I took it to a dealership to try to trade it in. They offered me 13,000 for the car which was what my loan payoff was at the time (big down payment and extra payments I own the car free and clear right now) so I decided not to do it.

    When I went to traffic court the guy did not show up. The judge told me that means that he admitted guilt. "So what happens" "He forfeits his bonds" Whatever his bonds were . . . His insurance company paid my insurance company back a little over a year later and I finally got my deductable back.

    AMAZINGLY the accident does NOT show up on CarFax at all. I don't understand why because of all the reporting done on it but I'm not going to argue. It doesn't matter though. Anyone who knows how to look for an accident could most likely figure it out.

    So my question is . . . Was there any different way I could've handled this insurance situation to make my car a total rather than let them repair it? What's done is done and there's nothing I can do about it now but I want to find out if something similar happens in the future . . . How can I best handle the situation? I'd rather not be given back demon spawn such as this again. :-)

    Oh also, for those wondering . . . Yes I am no longer with that insurance company.
  • steine13steine13 Posts: 2,796
    If it's "just under 80% of the value", there is not much you can do.

    You either have them go ahead with the repair, which costs you nothing except the deductible, the cost of other transportation (unless insured for), and the hassle of getting it right. The big hidden cost is the diminished value, which you can claim in some states and not in others. When (if) you trade the car, it will bite you in a big way.

    The other option is to negotiate with the insurance company and have them cut you a check for the estimated cost of repairs -- this can be a lot lower than the actual final cost, once they've torn into it... so it *might* be possible to haggle a little there. Then you have to sell the wreck. It's not easy but it's doable; I had to do it a little over a year ago, and it worked out OK in the end.

    The way I looked at it, I took a hit when the car was smashed, and that money was GONE. So rather than get my car back after a $6k+ repair and have it be worth *maybe* $7, I took the check and sold it as is... of course, before the accident, the car was worth $8+, but that's water under the bridge at the moment of impact.

    Bottom line: Don't get hit...

  • Hi,


    I am new to this board in posting, have lurked for awhile. Not sure if I should be posting this in the insurance or 3-series thread, but since it has something to with my experiences with the insurance issues, I figured I'd post here.

    On Nov 27th, in my 325i four door I was rear-ended by a VW Beetle. Her insurance is taking care of the tab, but there was extensive damage to the frame, rear suspension, and actually the rear floor pan of the passenger compartment was damaged (which I was told is not a replaceable item).

    Looking at least 12-15K damage.


    Now about the car, I just got it on August 30, 2004. It is a 2004 325i 4door with auto, xenon, metallic paint, leather, cold weather pkg, and premium package. I am leasing it for 36 months as a demo (got it with 11,300 miles, it now has ~15 K). The sticker on it was $37295, got it for $32795. I put 4 K down (including the usuals, 1st mo, they waived security deposit). I am paying about $445/month.


    The other parties insurance wants to repair the car, BMW finance has been contacted and will most likely want it totaled since they cannot resell it as certified used. I am now concerned I will not get fair market value for this car since I got so many options on a 2004. The guy at BMW finance thinks it will be unlikely to get a similar 2004 with same equipment and I will not be able to get a 2005 with the same equipment at the same monthly payment. He mentioned something about substitution collateral but if I actually have equity, I should not pursue sub. collateral. I was hoping to get some feedback on what type of price I might expect to get from the insurance to pay off the current lease and to start over with a new lease (which stinks because I spent 4 long hours in negotiations on this car), what others would do in my situation, and any other feedback. Since we were luckily not injured, I hear getting an attorney involved might be more costly. Basically, since it was not my fault, I just want a car (2004 is fine) with the same equipment and keep paying the same price. Also, can I assume my downpayment is gone. I fear I might have finally found a negative about getting a demo.


    Thanks for listening and let me know if anyone has some suggestions!
  • qbrozenqbrozen Posts: 28,564
    $15k damage on a $30K car is not even close to being totalled, so I'm not sure how they will pull that one off.


    But, the bigger question here, I think, is what happens at the end of the lease? I never thought about this. Is there some wording in a lease that exempts the leasee from having to pay money at trade-in time as a result of the accident? Obviously, this kills the value of the vehicle at lease end, so would the car company just wind up taking a bath on it, or would it be the responsibility of the leasee to pay diminished value?

    '07 ML63, '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c, '14 Town&Country Limited; '18 BMW X2. 53-car history and counting!

  • I think I am doing everything on my end. It is at a BMW certified body shop, all replacement parts are BMW parts, and if I turn in the car in good shape that fine, I think. I do not think it is my responsibility (especially since the accident was not my fault) that the car cannot be resold as certified pre-owned.
  • I was recently rear-ended and now the person who hit me's insurance company is telling me that they are going to total my vehicle. I disagree with this decision, and I have researched the repair cost of my vehicle versus the amount of money it would cost the company to pay me to total my car. The repair would be cheaper than the cost to total it by approximately $1,000. Do I have to let my car be totaled when it is still driveable?
  • janzjanz Posts: 129
    why would you NOT want to total it? It may be DRIVABLE, but is it still SAFE? What's the year, make and mode? It's value has a lot to do with the economics of declaring it a total loss.


    Interesting, in the posting above yours he would LIKE to have his car totalled.
  • I owe more than the car is worth for one thing; however, I don't feel that it is unsafe if it can be repaired correctly. I trust the body shop that would be doing the repair...they have done it for me before and it withstood this lick....also, I am much too busy to have to start researching the multitude of info out there for another car purchase right now when my car is a good car and fine to drive once repaired. Why should I go "in the hole" because some reckless driver decides to hit me?
  • steine13steine13 Posts: 2,796
    I'm with the older boys here... take the money and move on.

    But you give us precious little to go on; if it's a $20k BMW, you don't want it repaired 'cuz the value will be in the tank; if it's a $3k Camry, it doesn't take a big hit to put it into the "total" category.


    But you've made up your mind, so here's how to do it: Get it totaled; you are entitled to the replacement value -- realistic retail price, sales tax, the whole ball of wax. That, my friend, is more than your car is worth. That is good news.


    Having paid you, the ins co. now owns the wreck. And they don't want it. So they'll sell it back to you for cheap -- actually, they'll just reduce the payout to you by a certain amount that you will have to negotiate with them.

    (side note: all this can be harder than just buying a new car, but ok...)

    Then you're free to find a shop to fix it for you, and you can negotiate the price with them. If it's an older car, you might want to not do all the cosmetic stuff that they would otherwise do; see what they say. It sounds like you trust them.


    A good repair place is like a good dentist... you're glad to have them, but you don't want to go...


    Good luck,

  • What is the Georgia law about retitling a salvaged vehicle? Specifically, is the owner required to re-title the vehicle and/or the ins. co. that paid the claim?

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