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When you say the "whole ball of wax" are you referring to anything other than the replacement value ($3,500 per the adjuster) $4,600 per Edmunds) and the sales tax (7% in Georgia)?
In other words, the cash money it takes so you can go to a car dealer, buy a similar car to the one that was totaled, and drive away in it.
That's a sight more money than the "actual cash value" of your vehicle at the time of the accident. If your car has a replacement value of around $4k based on "retail book", its ACV is probably only half that.
What I'm saying is, it's not so bad... except for the negative equity, which is now rearing its ugly head.
Good luck,
-Mathias
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If the car is RE-totalled within the next couple of years, that would be some of the most insane of bad luck stories.
Would you believe that this is like the fourth time this vehicle has been hit? I kid you not!
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How you managed not to receive ticket? Rear end obviously is your fault ("following too close"), and driving without insurance is crime.
If they don't pay him, the other driver will most likely come after you for the cost of repairs.
Both ways, you will have to pay for your mistake.
The car is a 99 Buick Regal LS. Although I really had grown to like it in the two months I had it, I hope that the car is going to be totalled. I know from experience that a collision on either end can easily do 4000 of damage, and this car would cosmetically need a complete front end, hood, both fenders, bumpers, lights, grill, plus the damage underneath the hood, plus the rear bumper, airbags, dash and windsheild. It would seem like the damage could easily add up to more than the cost of a similar car, 7-10K, and I dont know that Id feel too confident about the car knowing the hit it took.
The car is at a body shop today and I expect to hear from the insurance co. soon as to what they want to do.
Reading this board I see that there are many instances where the ins co. fixes a car that objectively should be totalled. Is there any negotiating strategy to get things to go the way you want them to? Do I even have any say in what goes on? If they are going to fix it can I demand OEM parts? And could I insist on new tires, since mine could have been damaged by the spinning? I have had cars repaired before from crashes but not from a hit like this.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
Now I have since been informed that in NJ an officer can issue a ticket up to 30 days after the incident. If this is in fact true, what type of ticket if any am I looking at? And more importantly, what would the fines and points associated with it be?
My insurance company is taking care of the other cars damage and my car is damage free. But I know with the law the way it reads that I am at fault in the eyes of the law. But not being issued a ticket on the spot makes me more nervous because I have no idea what, if anything, to expect.
I have heard careless, negligent, and following too close. But I dont see how I could get a following too close, seeing as I was behind another care and was approaching a toll which was less than 50 feet away. I also hope they don't say it was negligent.
Any insight or thoughts would be appreciated.
I think that the right diagnose would be "excessive speed for the conditions". However, in my experience, when a car is rear-ended, police always tickets for "following too close". My wife was rear-ended two times. The both times the drivers at fault did not follow too close - they were just distracted and started braking too late. My wife saw it clearly. However, in the both cases they were cited ("arrested" in police speak) for following too close.
By the way, law knows only two generic kinds of guilt: intentional and negligent. Given you had no intentions to cause the accident, if you are in fault, you were negligent. "Following too close", as well as "excessive speed for conditions" is just a specific kind of neglect.
Rick
Why not 100%? Because repair costs tend to exceed the initial estimates. Additionally, insurance companies get few bucks back by selling the totalled car to salvage yards.
Just curious if it was the Toms River toll (around mile 84) yesterday morning?
I'd say, in that case, you are looking at "failure to maintain control of vehicle," but I have no idea what the fine involved is. There is a chance that the points won't matter since you are a MD driver. I guess its a crapshoot. I know that I received 2 speeding tickets in NY while going to school there and they never turned up on the NJ driving record.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
Now Im probably going to have to fight with them for replacement cost. Book value on my Regal is $7,550 on NADA, $8,310 on KBB and Edmunds reports a whopping $6,837. However it is unlikely that I can replace my car locally for even the KBB value. Searching AutoTrader, Cars.com and the local newspapers car ads, the closest Regal to mine that does not have more than 70K miles, is 55 miles away, has 57K and is priced at 10,495. Most others fall in the 7-9K range, even some with over 100K miles.
Granted these are asking prices but that's really all I can go on. I mean, thats what the sales guys who post are constantly saying, the price is on the window, you can always offer less but the selling price is clearly marked.....
All in all, it sounds like your in good shape .. meaning, the body shop doesn't have it all apart and they're telling the Ins co it only needs $2,500 of work, then 3 weeks later they're super-gluing this bad boy together to the tune of $5 grand++, then it's worth squat .....
Based on what little information I have here, it sounds like a $4,5ish vehicle on the wholesale side and a $6,5ish vehicle on the retail side - but I never try to out-guess insurance companies ... good luck and let us know what happens ...
Terry.
Thanks
Goobers123
It is a good idea to document the prices you saw (save the newspaper pages, etc.) in case you will need to argue with your insurance company.
the fire started under the engine compartment and the car became completely engulfed in flames before the fire dept arrived.
My Q. is: CAN I HOLD LEXUS RESPONSIBLE for the contents (the car was still under warranty - about 41,000 miles and there was no apparent cause for why this happened).
I have no homeowners policy to cover the contents of the car! Also, any other advice on how to deal with Lexus or my auto insurance company?
I'm just thankful my family is alright, but I also want to be "made whole" from a financial standpoint and we lost so much in the car! Thanks.
For starters, your auto insurance will cover most or some of it, depending on the policy and what state your in, so I hope you have the receipts and the CC bills ... the Lexus part, it will all depend on the history of the vehicle, service dates, dealer activity, service recalls, stuff like that - not too many Lexi are known for the "Smokey the Bear" routine ...... I would think a good Fire Marshall report and a good Ins adjustor will be able to clear up the smoke on this deal, so I would wait until the reports are in before getting a Ambulance chaser involved, if you know what I mean .. if they're liable, Lexus will pay .........
Not the way I would want to spend my Christmas and I sincerely hope the rest gets better .... let us know what happens.!
Terry.
The insurance company has my old Lexus (the 2000 I traded in for the 2002) still on the policy. I notified them of the change, but they are giving me a hard time about it and I'm scared now that I'm going to be fighting a big insurance company on the coverage issue...it just gets worse!
My auto insurance doesn't cover contents, and I don't have homeowners insurance, which would.
I hope Lexus will stand by their warranty...any thoughts on how to make sure they do. The car was never serviced anywhere but Lexus and they last checked it out at 36,000 miles and it was just the routine belts and fluids.
The insurance company will send an investigator, but the car is so burned, I'm not sure what they will figure out as the cause. I have photos to show it started in the engine, but that's all.
Any guidance is appreciated. Thanks.
The ins. co. is AAA. They were taking a very long time to make a number of changes...updating my car, taking other cars off the policy, and removing two other drivers from my policy.
Now, my car is totaled and the insurance company is saying they may not cover my car because it's listed as the old 2000 car, not the 2002 car which was burned up.
I have some recent correspondence from 2004 about making the change, but no proof I can find that I notified them of the change in 2002 when I traded in the old car for the new one.
Any suggestions on fighting the insurance company on this?
First of all, tread lightly. Keep the lawyers and the threats for last. "It's just business", but I bet it feels pretty personal.
How did you ever get this thing licensed? Here in MI at least, you needed proof of insurance... is it different in your state? I would start there.
I think you'll be fine, based on the fact that you've been paying them, albeit for the wrong car. You need to speak with a decision maker; your agent may be a complete yahoo just trying to cover his or her hiney. Sounds like total nonsense to me, unless your old car was a PLPD-only beater. You said elsewhere it was a 2000 Lexus, so I doubt that $$ difference was a lot... simple clerical error, I don't think there's a chance they can completely deny the claim. The judge will set them straight in the end, but I'd try to stay away from that.
Two years? What do the bills say? How do you pay hour insurance? Did you keep any statements? I keep mine, and I can tell you off the top of my head what's on them.... am I missing something, or are you? I do wish you well, and I think it'll be okay in the end, but who's driving the bus in your life?
Baffled, I remain,
-Mathias
Mathias is right, the previous bills .. and most important: the new Vin# should be on the policy - and lets not forget that little paperwork between the "lein holder" and the insurance company .. sounds like the agent was asleep at the wheel, so he will be bobbin' and weavin' all over the place (must be from Florida, I put the Hurricane rider on your policy, I promise) so you need to get with the Regional manager once you have the proper info ...
Your going to end-up with two separate entities here, 1.) the insurance coverage and 2.) the potential liability of the manufacturer -- *Do not get them confused* one has nothing to do with the other .. the insurance company might tell you they won't pay because of the manufacturer, and vice versa ... these are 2 separate "entities" and keep it that way.
Terry.
Now, the other issue is what caused the engine fire and how to "make" Lexus be responsible given that the car was under warranty. Have you heard, or do you know how to check, on whether there have been other LX470 Lexus SUVs, or even other Lexus' in general that have had engine fires like mine?
Thanks again.
Bud .. I would be doing hand flips, sommersalts and a cool end-zone dance ..... not bad for a vehicle that dealers arent paying much more than the tall $4's for ......
By the way, I'm a little short after the holidays, how about spotting me a few bucks ............... ;^}
Terry.
Also, I'd think the report should make a difference. When in a similar situation years ago, the police report stating they other driver was at fault made all the difference in who paid my claim.
Good Luck
In so doing, I got too close to the post. After my appointment, when I tried to back up, I could tell my car was scraped on the post -- no room to pull forward and maneuver. I ended up waiting two hours until the car ahead left so I could pull out forward (turned out it was an employee who wasn't supposed to park there). If my car had been centered in that space, there would have been less than a foot of room on either side.
Long story short, I got an estimate and it is over $1,000 because there are scrapes along the right rear door and rear panel. This is the worst thing I've done to a car ever. I am reluctant to put in a claim because last summer I had a minor parking lot accident and the other party put in a claim. This was determined to be 50/50 fault, although I didn't put in a claim -- paid for my own repair (not spendy). Then three months later, I was rear-ended and the other party's insurance paid for that repair.
I have comprehensive with $100 deductible (my car is fairly new). Then again, maybe this is collsion rather than comprehensive. I'm afraid my rates will go up if I put in a claim. Should I just bite the bullet on this?
Otherwise the total care insurance payments for the three following years, most probably, will increase by $2,000 or so. In other words, filing the claim would be equivalent to taking a three-year loan at very high interest rate, 30% or so. Few credit cards are charging so much interests.
Yes, it's a spendy thing now, but as you said, paying the inflated rates over the next three years would be worse.
At least the repair shop (the one that fixed my car after it was rear-ended) has a 90-day same as cash payment plan.
Appreciate the feedback!
I have camry 96 and 120K miles. I was at the accident where other person was at fault. My body shop has recommended to total the car, but the insurance company wants to repair it. The repair cost is more than 80% of the total cost. The repair cost is 3900 and the KBB value is 4600.
I would like the car to be totaled because this is second accident on my car.
Do I have a choice to have it totaled?
If they'll give you $3,900, take it.
If they balk, come back and talk to the experts here (not me).
But try to get the $$ from them. Totaling would be even better, but that may not happen. Even the wreck has some value, and it's yours to sell. $500 is better than -0- and will cover your deductible, no?
Don't repair this thing, and put everything on ice until you get this figured out. No lawyers, though, or everyone will stop talking to you. This isn't rocket science, just an old Camry...
-Mathias
.. **that they fulfilled there obligation by paying the finance company** ..
You asked, and answered your own question in one short paragraph .... well, I dunno about the short part ................
Terry.
So I had it towed to my autobody shop, and State Farm (the other driver's insurance company) came down and took a look at it. They called me the other day and told me they were sending me a check for about $3000 along with a cover letter.
It seems low to me given the amount of damage done on the car and the labor costs involved.
In the meantime, I want to get another estimate and I will not authorize any bodywork nor will I deposit their check. Do the experts here think I'm getting screwed?
Thanks
SFO
Not sure if by SFO you mean the Bay Area, if thats the case this link should help:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ins&- codebody=auto&hits=20
California has a similar law from what I saw skimming over the articles that the insurer cannot require claimant to use any specific repair facility.
Hope this helps,
Rick
also, since you believe the front side of your vehicle looks "offset", one wonders if they need to put the vehicle up on a lift and determine if the vehicle's structural members have been bent.
i wonder what others would think about having the car taken to a Honda dealership to have it looked over.
finally, i'm not sure if and how it applies but since your vehicle has been involved in an accident now, hasn't it's value depreciated, even if it's restored functionally and cosmetically? I think that's "deminished value".
did you talk this over with your agent (i presume not SF)?
But yes I want an itemized list on what will be covered, because there could be some discrepancies with what, exactly, they're fixing. For instance, the passenger side tire got smushed into the curb and there was damage on the rim and the hubcap.
I'm definitely going to get another estimate, and I will request they check out the frame.
My own insurance agent told me that diminished value really only applies to luxury vehicles...
Can anyone give me an estimate on how much OEM front suspension parts should cost?
Thanks for the advice!
We know she has insurance, and contacted her insurance company and the dealers insurance company yesterday. The question I have is who is liable for damages to my car and paying for a rental car while it is being repaired? My husband wants the car totaled because it will never drive the same again. The car was less than a year old and had 15K miles on it. If the car is totaled, do I have any recourse with the dealer to have them replace the car?