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You are in an upside down financial situation because of YOUR
financial negligence.
The valet/hotel/insurance company does not consider your loan balance. That it is more than the car is worth is not their concern. Nor should it be.
Because you are making a claim against the hotel/valet co/ insurance carrier, it is up to you to factually establish a current market value for the destroyed car. That's right, YOU are burdened with proving to them the value you place on the vehicle.
Meanwhile, they are in the fair market area by offering you what they offered because there is no trade in involved, no car rental involved, no financing for them involved, yet you have the right to present evidence showing how your car was worth more than they value it. So, get to work & prove your case.
You are entitled to be "made whole." So in addition to the actual cash value of the totaled car, you should ask for all fees (dealer and state) including sales tax connected with acquiring a replacement vehicle as well as the cost of an interim rental vehicle.
This is a different situation in that the valet company is responsible for my vehicle since their driver totaled it. If the vehicle was only damaged, they would pay full value of the replacement "bumper" for example, without deducting for depreciation. However, because it was a total loss, they are now allowed to deduct for depreciation in this case. I disagree, in this case, replacement value, not ACV should be provided for.
I will keep everyone posted on outcome.... I am ready to set some new precedents!
I would use Edmunds and KBB as well as checking your local used car dealers to see what they selling your car for. Compare these values to what the insurance company is offering.
I would talk to the valet company directly about "making you whole". Possibly negotiating an additional sum that pays off the "upside down" portion of the loan. Not sure it will work but it's worth a try.
What was the make, model and mileage of your vehicle? Some of the folks may be able to give you an idea of it's value and if the insurance company is lowballing you.
Good luck.
I would use Edmunds and KBB as well as checking your local used car dealers to see what they selling your car for. Compare these values to what the insurance company is offering.
I would talk to the valet company directly about "making you whole". Possibly negotiating an additional sum that pays off the "upside down" portion of the loan. Not sure it will work but it's worth a try.
What was the make, model and mileage of your vehicle? Some of the folks may be able to give you an idea of it's value and if the insurance company is lowballing you.
Good luck.
You are wrapping up into a single package items that need to be considered individually and separately.
1. The ACV of the car = Private Party Sell price, not asking, but sell price.
2. The interest and down payment on a loan which was used to buy the car does not affect the car's value. You could have used the loan money to buy a boat.
3. The indirect result of the crash involves the interest and down payment, but as it does not increase the value of that which has been totaled, does not get considered.
I am ready to set some new precedents! You are ready to learn old rules.
The issue with your viewpoint is that if insurance companies operated that way, insurance would be unaffordable for most people.
Let's say you and I buy the same car at the same price. I put down $5,000 and have an 8% interest rate. You put down $2,000 and have a 5% interest rate. Both cars get totaled 2 years later. Using your logic, I should get back my $5,000 and my interest (which would be more than your interest), and you should get back $2,000 and your interest - for the same car. This is, quite simply, not logical and not how insurance works - never has, never will.
Your options are to negotiate the ACV of your vehicle, by providing evidence that their estimate is too low. You can also talk to the valet company and see if you can get them to reimburse you, but that doesn't sound likely.
Either way, you will find it difficult to set new precedents, given that you aren't likely to find a lawyer who will take your proposed case against the insurance company. I'm not trying to be unkind - just stating reality.
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We still wonder what the year, make, model, mileage, & condition of the car in question? :confuse:
I have now settled with the valet companies insurance carrier, after 5 adjusters later and 6 offers later.. with over a $5,000+ difference in the ending fair market value. It did not come without a lot of research and work, but that part of the issue is settled.
The second part of the settlement I am looking to receive is under "Bailment Law", within tort law, where I would be claiming negligence by the valet company, also known as the bailee, where they are under strict liability to return the property in the same or better condition than it was given to them. In this case, I am looking to recover the other monetary damages (down payment, two years of interest, loss of use, etc.. ) from both the primary and secondary bailees, which is the hotel chain and the valet company. In this case, the hotel chain is also responsible since they are in partnership and administer the collection of the valet charges through the guests hotel room, so they are the "implied" bailee. Under this law, both the valet company and the hotel are liable. The valet companies insurance carrier is not liable in relation to the "vehicle" loss coverage so far, however, they most likely have general liability or hospitality coverage as well.
The tough part of this situation is that most attorneys don't want the case because there was no personal injury to me personally, thus not a big enough settlement.
I am retaining the vehicle information for now, until further into the legal process. It was only 3yr old vehicle and an expensive one!
Just becuase insurance companies have primarily treated cases like this as standard "property damage" liability cases where fair market value of the property is all that is considered, doesn't mean that this is the way it should be. Let's face it, when someone totals your vehicle, there is a much larger financial loss than just the value of the vehicle. I will keep posting updates.
Does that mean you want a big enough settlement to start over with a brand new car? What about the three years use the car had? You don't feel that should have cost you anything? Please clarify.
The "much larger financial loss" is not due to any bailee's negligence, liability, or fault.
The "much larger financial loss" is due solely to your personal money management skills prior to the crash. Not having purchased Gap Insurance was your decision.
When you settled with the adverse insurance carrier, it's all over. Your continued financial obligation to pay off your loan is not affected by the bailees negligence.
I purchased the vehicle and financed it to pay it off in approximately 4 years, and was two years into it... so hence, I have paid two years of interest, with only two years of interest remaining. Because a valet driver is negligent and totals my vehicle, I had to fight with an insurance carrier for a month to get an acceptable settlement that would provide fair market value of the vehicle. Yes, I had GAP insurance as well, but the fair market value was higher than what I owed. I count the additional funds received from the payoff of the lien as a "wash" since they will go directly back to "Tax, Title and Registration" of a new vehicle. That is why they give you those monies back in your settlement, because they recognize that you already PAID that money and you will have to pay that money AGAIN! This is no different than the interest. I paid two years, planning to be out of the loan in two more. Now, I must purchase a new vehicle at higher prices due to inflation (they only consider depreciation, not inflation) and finance a higher amount.. just to get the same vehicle, same mileage, etc... and I will pay ANOTHER FOUR YEARS of interest, vs. TWO. I am four years away from having no car payment if I chose to keep the vehicle, instead of the planned two years.
This is not rocket science, plain simple math. Between downpayment and interest that is approximately $15,000... so that is a financial loss outside of the vehicle. It is not finacially smart to purchase a vehicle with a downpayment, pay interest for 2-4 years and then start this process all over again. Your actual cost of a vehicle will be double the initial cost of the vehicle.
Obviously, after this situation I will reconsider whether a downpayment is a good choice and with the great interest rates now available, will make that a consideration.
If I had wrecked my own vehicle the issue would be different. But instead my vehicle was entrusted to a company who handles vehicles for a living, they didn't even disclose that the vehicle would be moved from the hotel garage, right underneath the property, so it was "implied" that the vehicle would stay on the property, not driven onto public streets. This hotel property did not offer any other option, valet is required when staying there. Then there is the entire inconvenience (loss of use as the insurance industry calls it) for there negligence. If companies can pawn off an issue like this to the insurance carrier, who practically makes you do more work than them to just get a fair market value settlement, there is no accountability and litigation is the only option,.
That is the history of bailment law. Where bailees have "absolute liabilitiy", thus the intention to void having to use litigation for the bailor to get restitution. Unfortunately, because the insurance industry has decided what the definition of the "liability" is, doesn't mean we as the consumer have to agree or accept.
I would like to note that I am only trying to be in an equal financial position of where I was before the vehicle was totaled, not anything more.
I will say however, that if a valet company of this reptuation totaled the vehicle ofa celebrity or political official or even the VP or President of the hotel chain, I have no doubt that there would have been a new vehicle in their driveway the next day. :confuse:
If my bumper on my vehicle had been ruined.. they would put a new bumper on the vehicle and pay for the entire amount, say $2,000 for example. The insurance company would not come back to me and say, well you used the bumper for 2 years, so we will pay the depreciated value of the bumper, which is $1,300 and you need to pay the additional $700 to get back to where you were with a bumper on your car? That is ridiculous, however, when they total your vehicle, that is what they do.. because they determine on a 75% ratio if that is cheaper for them than rebuilding/repairing your entire car from scratch, if it is even repairable. It is all about the bottom line profit for the carrier, not what is best for the consumer. I could not even elect to have my vehicle rebuilt one part at a time.. so why shouldn't they just buy a new one, say two years old, with depreciated mileage? I would still have been in a better financial position.
In any event I would be interested in the outcome. Please keep us updated.
That's a nice & feel good statement, but the facts are you are expecting others to insure your debt. Not within the law to do so.
Had you wrecked the car, your negligence, who would you hold responsible for insuring your debt?
I don't believe even a lady adjuster would agreee with your comments to pay more.
If it were legal to pay the balance owed on a total, the losses would be variously immeasurable & not able to be promulgated in Liability insurance rates.
You said this in "insurancese", which is basically what I said a few posts back - insurance rates would be impossible to calculate, and would likely become unaffordable for many.
How would one calculate the difference in potential loss of Person A's vehicle, over a 5-year loan at 10% interest, $2,000 down, at various milestones throughout the life of my car & loan, at various "it got totaled" dates along the way? And how would that calculation differ against Person B, who bought the same vehicle, 4-year loan, 5% interest, $5,000 down?
If totaled, the person in scenario B will always come out ahead the way that insurance currently operates because they put $5,000 down. On a vehicle with a purchase price of $20K, person B will likely never be upside-down.
Person A will be upside-down for much longer. However, under taximom's proposal, that person would likely come out ahead on an insurance settlement because they paid more loan interest, and the balanced owed on the loan will always be higher than Person B.
The downpayment simply reduces the amount owed on a vehicle at any time. Had you not made a downpayment and the insurance company settled for less than you owed, you would still owe the difference. This is the only way in which a downpayment comes into play when a vehicle is totaled.
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As I said am really interested in the outcome. Please keep us posted.
BTW what was the make/model of the car? Just curious
How do you figure that? On a $20,000 loan over 48 months with 8% apr, the interest works out to $3,436. That's a long way from double.
tidester, host
SUVs and Smart Shopper
And legal counsel is going be expensive with a high probability of losing. I can't imagine any lawyer taking this on a contingency basis.
Perhaps someone on this board can steer you towards an insurance company that will write a policy that pays you the full original purchase price on your future vehicles regardless of age or mileage. I'm not sure if there is such a thing, but it sounds like what you want. I would imagine the premiums would be very pricey. Good luck to you.
taximombutler: For some reason you are caught up on this notion that the insurance must pay you back everything you put into the car. THat is simply not the case. The insurance company only owes you the value of your car based on model year and miles driven, which you have nto shared even though you've been asked several times. Take the emotion out of the situation and think about this practically. You have multiple people telling you the exact same thing.
If you are looking for additional money, your fight now is with the hotel and valet service.
If I had wrecked my own vehicle the issue would be different. But instead my vehicle was entrusted to a company who handles vehicles for a living, they didn't even disclose that the vehicle would be moved from the hotel garage, right underneath the property, so it was "implied" that the vehicle would stay on the property, not driven onto public streets. This hotel property did not offer any other option, valet is required when staying there. Then there is the entire inconvenience (loss of use as the insurance industry calls it) for there negligence. If companies can pawn off an issue like this to the insurance carrier, who practically makes you do more work than them to just get a fair market value settlement, there is no accountability and litigation is the only option
I'm not sure why you feel the situation would be (or should be) different if you had totaled the car yourself. The insurance company would treat it the same exact way, which is why your only option is to pursue this against the hotel company and valet service.
Good luck with your lawsuit. Keep us updated.
The insurance industry does not offer such a policy as it would create a moral hazard.
That is quite correct but one cannot be faulted for wondering. If I buy a new car today and total it tomorrow then my single one month insurance premium basically gets me covered for a new car (minus the instant depreciation). However, if I buy a new car today and total 12 months from now, my 12 months of premiums don't get me anywhere close to being covered for a new car. Somehow, it seems that first month's worth of premiums get a much better return than all the others. \
tidester, host
SUVs and Smart Shopper
This act of stealing the car from its original safe parking space is the part that gets me very upset and there should be severe justice inflicted if that is the case. :mad: :mad: :mad:
Very simple & easy-to-understand explanation, jw. The insurance company doesn't owe you a NEW car - they owe you a car that's at the same value as the one totaled. The car that was totaled wasn't new, so why would one anticipate that the replacement vehicle should be new?
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I also recommended that I choose a new vehicle and depreciate it by the same mileage, years, and all same options... and even though they agreed that would be the same, becuase of inflation, something knowone wants to recognize in this process, the value of purchasing the vehicle today is much higher. They didn't want to base claim on that value.
I think the point I am trying to make is that there is more financial loss in this situation than just the fair market value of th vehicle, but because we are so used to how the system has been designed to work, in the insurance companies favor, we generally accept it.
If it was an option, and I did ask, I would have rather had my car built back to perfect condition, part by part and given back to me.. with a rental while I was waiting. However, that wasn't an option because it would have cost them too much and it was questionable about the safety of the frame condition.
I think the variable here is that a 3rd party, who is in the business of taking care of vehicles, is at fault. Unfortunately, no consideration, outside of litigation, is given when a loss happens due to someone elses negligence. That should change, especially in the case of a valet or dealership, repair service, etc. They need to be held more accountable. If they want to reap the business profits of taking care/selling/working on vehicles then they need to also take full financial responsiblity if they damage/total them, including all monetary losses (time off work, loss of use, equity in the vehicle, etc.. )..
"The insurance industry does not offer such a policy as it would create a moral hazard."
Not completely true. Allstate offers a new car replacement option (covers the first 3 years). I have this on my 2008 Saturn Outlook. GAP would not do me any good since I took proceeds of sale of some property and paid off the purchase. This option was only $5-8 a month extra IIRC.
http://www.allstate.com/auto-insurance/auto-insurance-features.aspx
"New Car Replacement If your new car gets totaled within the first three model years, you can get a new car not just the depreciated value."
Also, Erie insurance offers a similar policy: Replacement cost – Erie Insurance will pay to replace your car if it is two years old or less and is a total loss. The Policyholder will receive a new car of the same make and model. If the model is no longer available, the insured will be offered a similar vehicle. (The replacement coverage is not available on leased vehicles.)
Its an old golden rule
He who has the gold makes the rule.
If you dont like it you have the option of going for self insurance. In that case you have the gold and you make the rule...very simple.
On the flip side if you have the gold to fight (sue) then also you make the rule and depending on the lawyer ($$) you might be able to get your interest back.. I'll be very happy for you.
Anyway... did accept offer from insurance, as stated, and I want to note that I went through 6 adjusters up the ladder and ended up with an additional $6K+ on my "fair market value" that they originally said on offer 1, final offer... so paid off the lien and ended up with just enough left to pay for TTL on the new vehicle.
Now.. still in "mediation" with the general counsel, and VP of Operations of the Valet Company and the hotel chain management on what additional monies they should pay based on the loss. So far they made 2 offers, the last one was the full downpayment back.. So, they have now "implied" that they should pay additional monetary losses on this sitaution, otherwise, they would have just relied on the insurance carrier's settlement and sent me back to them. So, now the issue is not whether they think I should be paid something outside of the insurance claim, but how much? This will be discussed in tomorrow's next conf call. That call will result in either a settlement agreement or an impasse which will prompt the filing of the formal complaint.
Will keep you posted..
By settling with the Hotel & Valet Co's insurance carrier, it is understood they are cleared from any further claims regarding this crash.
The Hotel/Valet may choose to pay you more and chalk it up to "Positive Public Relations". Or, they are feeling guilty about their Valet jocky taking your car out for a "Joy Ride" in the first place.
Please advise the year, make, & model of the vehicle.
Regarding my settlement with Travelers. Before I settled with Travelers, during negotiations, and upon acceptance of settlement with Travelers, it was stated, in writing that the valet company understood that Travelers was only contractually obligated for the loss of use (rental) and the fair market value of the vehicle and that any additional monetary loss settlement would come directly from the valet company and hotel chain. Under tort law, filing for compensatory damages, there is nothing that prohibits the consumer from filing for the additional monetary loss. I can show that I tried the "mediation" route and provided documentation for damages requested, nothing more, nothing less, so there was nothing requested as unreasonable.
Yes, at this time the valet company is stating that they are paying out of empathy, however, what they are offering is almost rude and an insult. What gives them the right to decide what value is due based on empathy. The truth is that they are paying to avoid litigation and trying to figure out what will impact their bottom line the least. This was made evident when they tried to deduct part of the rental charges out of the "Empathy Settlement" they were offering. If it really was empathy or good PR and not "bottom line loss", they wouldn't have deducted that amount from what they were offering.
Bottom line is that businesses need to restore an individual back to the place they were financially before their business created the loss. This should be the standard.
I am not providing vehicle information because there are other parties involved in that accident and I don't want "third parties" looking for public information based on that information. Not sure why you are asking.
Empathy Value is very subjective. You don't start at a high figure and go down.
"restore an individual back to the place they were financially "
Because the "at fault" driver is not to be held responsible for more than the cost of the property damaged, his Liability carrier will not offer excessive indemnification to a Claimant beyond the value of the damage. Outstanding loan balances are not part of the damage. They are non related to the value of the vehicle.
Your pursuing is admirable, but seeking more than what you've been offered needs proof that it augments the value of that which was damaged.
I am fighting the rest of my settlement request through litigation since the valet company wanted to provide very little on the additional amount requested. Since they totaled my car I wanted to recover my downpayment, time off work and the two years of interest paid into the car since I had to go purchase another one and start the financing process all over again. They agreed to a very small portion of that part of the request, but not enough for me to settle. In addition, they were skating their corporate responsibilties and were extremely arrogant - enough for me to walk away from the smaller amount they offered and take it to litigation.
Hope this helps... I will certainly post later this year when the litigation process starts.
Because the above are not direct, but resultant losses related to your financial condition, not the cause of the crash, good luck.
Who knows - it might all be worth it.
And, if successful, it might set a precedent.
First, when I was hit, I was away from home in another city. Of course I had no idea how to get home, and the insurance company offered no options - no one-way car rental. Thanks to Southwest airlines, I was able to get a same-day one-way plane ticket home for $113. Should I ask for reimbursement?
Second, when I got home, the insurance company told me they had a rental car reservation for me, under my rental coverage. I showed up and the place had NO CARS. I was pretty peeved about that, since no one told me I should call first. Second day, the same place had NO CARS. OK, I've had enough. I made a reservation at another company myself, picked up the car, and will pay for it myself. Should I expect them to reimburse me? Honestly, I think this is a definite yes given that I have rental car coverage. It shouldn't be contingent on their company of choice having vehicles available.
Thanks for any tips.
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Yes, I know the limitations of my rental policy (daily amount & dollar amount). I was just wondering if it's reasonable to expect that they'd reimburse me based on the amount of coverage listed on my policy even IF I don't use their preferred company.
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Once the repairs get to the 70% of value range...they usually total it.. Replacing an airbag is very, very expensive... My $14000 car was totaled with not much more damage than you have.... but, both front airbags blew....that's what put it over the top...
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It was not just a fender bender if the right front air bag deployed.
Hopefully your passenger is ok.
Keep in mind the sale price of a vehicle is the most they can charge for it. Most vehicles are sold for less than the asking price.
Suggest you go to the top of the screen & click on USED CARS which will eventually lead you to "Appraise my car". Give that an exercise for True Market Value.
We were rear-ended last week and our 2006 CRV was totaled. We weren't moving and the driver who hit us was determined to be 100% at fault. I am now in the process of negotiating the total value of my car with my insurance company. They will subrogate with hers later. I've read through much of this forum and thanks for all of the information. I am in the process of pulling together alternate calculations and supporting detail to submit to the insurance company. Here are my questions:
1. We added many options/accessories to the vehicle when we purchased it. I've already obtained a list of the items from the dealer and had the dealer give me approximate costs. Does anyone have advice on how to assign value to these items? The only item that was listed in the insurance company comp detail from JD Powers were my fog lights. They assigned them a value of approximately 30% of what I paid? Would it seem reasonable to suggest the same rate apply to the other items? FYI...We had added $3800 of accessories which included fog lights, back-up sensors, running boards and others so the current valuing of these items could be significant given the value of the comparable CRVs that don't have them. (Note: I have looked at the comps on autotrader.com and can see from looking at them that the majority don't have fog lights, back-up sensors or running boards. I can't tell about most of the other accessories).
2. Assuming we buy another 2006 CRV as the replacement vehicle regardless of whether or not I add the same long list of options/accessories to the replacement, I am going to need to add fog lights and back-up sensors as I see those as safety features. Would it be reasonable to argue for replacement cost as the cash value of those items? That would certainly increase the amount that I might list in the alternate calculations I am doing.
3. We also had a 120,000 mile extended warranty. The car was totaled at 75k miles so there is a fair bit of value left. I would like to add the pro rata value of the remaining coverage into my alternate calculation as it is part of my loss.
4. We have always had our service done at the Honda dealer. Does that in any way increase the value of our car for this purpose? I know it would have been a selling and/or trade-in value point, but I'm wondering if there is some value to attribute here...and if so, how would I value it?
I think those are all of my questions at the moment. Thanks very much in advance for any help/guidance you can share.
Having the dealer pamper your car does not add value & why should it.
Had you claimed against the at fault driver's company, you would be in a position to accept up to $10,000 for signing a non injury statement. So, why are you claiming on your policy? :confuse: