How do i Keep from getting screwed!!!! please Help??

Question

MY neighbor backed into my car while i was on vacation. i drive a older car (1995) but it runs great, i got no problems with it. SHe smashed in the left rear (lights, bumper, my trunk wont open). her insurance adjuster says its not worth fixin because the car is so old and will only give me $1500! i cant get another decent car for that!! i paid $2500 for it in the first place! my friend says when they cut the check for $1500 they might try and take car because the insurance company "bought" it in a sense. THIS IS CRAP! i didnt ask that lady to hit my car!!! what can i do? i just want my car fixed. thats all. PLEASE HELP!

well la428282 at least one thing you said is not necessarily true, i know i had a previous car that was considered "totaled" and they just cut me a check. there was no discussion of taking my car. that was geico. Also how are they returning me to pre-loss condition if i have a car for $2500, she causes $2500 worth of damage, and i get back $1500 and lose my car? sounds like i got di*ked out of $1000 whether i try and get a new car or try and repair it. all because THEIR client hit my parked car....appreciate ur input .

ok...i guess im screwed regardless...THANKS for keepin it real everybody no matter how S#*tty it is. at least i know what im dealin wit....SOME F#*KING NEW YEAR.

Answer 1

thats not true, they cant take your car.... you are not even obligated to get it fixed if you dont want to.

your best option is to take the 1500, and the car, and use them as downpayment on a new car, like a certified volkswagen.

Answer 2

That isn't the way insurance works. They don't give you replacement value, and you are aren't "getting screwed" by their offer. A 1995 vehicle is well over 10 years old, and according to various value listing places, has no value whatsoever. $1,500 is a very generous offer. If they have totaled the car, that is to say if the cost to fix it exceeds the value of the car, they can pay you that amount and then take the car and put it in a scrap yard in the hopes that someone will buy parts off it and thereby mitigate their losses by doing that. I don't know if they will or not, you would have to ask. If you do want your car fixed, I suppose you could convince the insurance to let you keep it and then pay the difference between what they give you and the costs of the repairs. But all they owe you is what your 12 year old car was worth before it was damaged, nothing more.

I'd suggest you quit listening to your friend, and get the right information from insurance. I'm sure your agent would help you with any questions you might have.

Answer 3

First: you always have the option of not accepting the insurance company's offer and withdrawing your claim.
Second: almost every state in the U.S. has a set percentage of the value of the car that is used as a baseline for repair vs total loss. The insurance company is required by STATE LAW to total the car if repair costs exceed this percentage (usually 75 - 90% of market value).
Third: if the insurance company pays you for a total loss they OWN the car. The idiot that is telling you to sue the insurance company doesn't have a clue.
Fourth: sometime sh*t just happens -- I'm certain your neighbor didn't crash into your precious 1995 vehicle on purpose, but it happened. Lawyers, anger and stupid advice won't change anything except to make you broke. If you really think the other company is trying to shaft you then try filing a claim with your own company.
P.S. -- let me add that I have NEVER read so much bad advice on a given subject in my life!

Answer 4

Ok, first of all, with the GEICO claim it sounds like they considered your vehicle a total but paid you to retain it (which is a smaller amount and not the full total loss value). GEICO does not settle total losses without obtaining the vehicle and the title to it- it was definitely a retention. Once that happened you should have obtained a salvage title for the vehicle. Not sure if you did, but in any event, if a total loss is determined your two options are take their offer at the actual cash value and they take the car, or take a lesser or salvage amount and keep the vehicle. They are not responsible for paying you to get it fixed if the cost to repair is more than the actual cash value.

Unfortunately, due to age alone, the vehicle was either already a total before the accident, or deemed one with minor damage. You can't force them to pay you more or the same to keep it. It's true that a vehicle that is newer will cost more, but they only have to pay what you could buy another 1995 vehicle for, and not a penny more. Sorry.

Answer 5

First - an insurance company is required to pay either 1 - the cost to fix the car or 2 - the fair market value of the car...whichever is less.

Given that your car is a 1995, it probably is less expensive to total the car out than fix it. HOWEVER, that doesn't mean you are required to do so.

If you get a lawyer, he will probably get the same numbers and then he will take 1/3, leaving you with less. Insurance companies are subject to severe fines and penalties if they try to give you less than the car is worth, and no company is going to risk that.

The fair market value is based upon what would happen if you tried to sell your car in your market (which is usually approximately 50 miles in all directions). Therefore, you can't go by NADA or Kelly, because those are national averages. Ask the insurance company to see the paperwork on how they are determining the value of your car. Honestly, it is probably accurate at $1500. Then, legally, you are entitled to a rental. See if the insurance company will,rather than give you a rental, give you a cash equivilent - probably $200-$300. Hopefully, those two figures will add up to what it costs to fix the car.

And the insurance company does not take your car. It is yours to retain.

Answer 6

Ok, i just couldnt keep my mouth shut on this one... im assuming you are naive so i am trying to be nice here... but literally every single answer so far (besides maybe 1 or 2) is so wrong that i just couldnt let you think they were giving right answers...

First, let me clarify... there is NO WAY you are getting any more money then the actual cash value of your vehicle. In the case of yoru car it appears it would cost more to repair the vehicle then replace it... therefore they are totalling your vehicle and giving you actual cash value. you have NO CHOICE in this matter (besides saying you dont want to go through her insurance)

Let me back it clear- NO LAWYER, SMALL CLAIMS COURT, CITY OFFICIAL- will change the fact that your vehicle is totalled and you will be getting actual cash value.

Also, of course they will take your car. If they gave you what yoru vehicle is worth PLUS you kept the car- you would be gaining money from being in the accident. INsurance job is to take you to pre-loss condition- not to improve it.

So you can b*tch, complain, whatever all you want.. but insurance does not legally (and wont) budge. They are doing everything correct here... they are attempting to make you in pre-loss condition with no monetary gain or loss.

Answer 7

Insurance can be very tricky but at the point you are at now the only way you are going to get any results is to call a Lawyer and ask for consultation. Most lawyers will do first visit consultation for free, then when you know all your options proceed but make sure you tell them(insurance co.) you are not settling for $1500.00.Also tell them you will not be turning the auto over to them as you intend to keep the car. They probably will not give you anything until you settle though so expect the wait, you can also go and get quotes from repair shops to see what the cost to fix the car would be on your own that way you can argue if you find a shop that will fix the car for less or close to the $1500.00. I wish I could help you more but I don't have the case in front of me or the reports. Good Luck

Answer 8

Don't know what State your in, Most States have an Insurance Commissioner tell this BOZO that you will write a letter to them if he doesn't come across with a better offer, and by the way these insurance people really don't want your car, so after the settlement, offer them $100.00 to buy back your car, then you can take their money and get your car repaired, or buy another car like yours and swap out the good stuff.

Answer 9

Google NADA and get the real value on your car. You will need the year, model, mileage and condition, fair, avg, or excellent.

Get 3 bids from auto body shops on what it will take to fix it. In writiing and carry them with you to show the auto adjustor from her company.

Make sure if they pay $1500.00 or the repair amount that the car is still yours.

Call your own insurance company and speak to a claims adjustor about the situation. Find out what they would suggest.

Good Luck.

Answer 10

you have the call on what happens to your car,its not up to the insurance company,tell them you want the car fixed,that simple or you will take them to court.they cant take the car even if they pay the 1500 dollars.

Answer 11

I dont know what kind of car but about 80% of value is what they give you,ask for that plus the car, take it from there