I was in a car accident, it was not my fault, the person who crashed into me has taken full responsibility.
I had it for a year, it cost me $1800, from a registered car sale yard, it was a 1994 Nissan Bluebird, well maintained, tidy appearance recently warranted and registered. had just replace winscreen because of a large crack,bought 2 new tyres, and had a service done to it, costing me a bit, and have the paper work to prove it. I did not have insurance.
The other person was insured, and her insurance company decieded they would pay me out $1000, because it would cost $6500 to repair, no negotiating, take it or leave it.
To buy the same car, year condition etc, prices ranged from $2500- $4500, when i asked the insurance company for the minimal they refused.
For a $1000 i cant buy a reliable car, without putting more money into it.
Is it unfair to want my car back in the same condition prior to their client crashing into me? or a resonable pay out, to buy a reliable car.
2007-09-13 00:52:01 · 11 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Most insurance companies use a CCC report to value their cars. Ask for a copy of it BEFORE you sign their pricing. It is kinda confusing to read it, but it should have a page that states if the car is dealer ready, normal wear, or excessive wear (i can't remember the terms that they used for the last one) If there is anything that you had replaced in the last month-3months that is not stating Dealer Ready, you can question them on that. Also, about four or five pages later, they should have a comparable list from the dealerships. Take a look at those and see if they do/don't have any additional features that your car does/doesn't have. Check out the cars that they have listed as comparable. see if they are in the same condition as yours was. Also, show listings in your local paper for the same type of car if you can find it. See what they are asking. Bring that to the insurance companies attention.
The downside of a lawyer with this little of a discrepancy is that you may just end up with less than what they are offering you now because of Lawyers fees.
2007-09-13 04:14:08 · answer #1 · answered by buttrfly52 4 · 0⤊ 0⤋
i tried looking up your car on NADA and Edmunds and could not find Nissan Bluebird?
All the work done on your car is maintanance and does not have any addtl value to your car. the 2 new tires would add couple of dollars but when they do the evaluations, they consider tire wear on the other 2 that were not replaced. as for the windshield, if you had not repaired, they would have deducted from settlement since in most states, if you have a cracked windshield, you are required by law to fix.
your car was 14 years old; insurance companies do not just pull out a number from a hat and make an offer; they must do an evaluation of the options, wear/tear, mileage and also see what other cars are selling in your area etc to determine what it was worth pre-accident. they also have to validate how they came up with this number.
since the repairs were $6500, and your cars value was $1k, then the insurance company can only pay you for the value of your car.
even if you were to get a lawyer, it is doubtful they will take it since this is property damage.
the fact that you cant find a reliable car for $1k, is not a factor.
they owe you for the value of your car pre-accident, and most likely they paid you what it was really worth. believe me insurance companies do not rip off people for property damage. that is black/white and the amount is known.
as for injuries, that is a gray area and there is no exact science on how they calculate and is negotiable, but not property damage.
unless you can show that your car was worth more than $1k, then that is all you can get. if you signed the release and/or cashed the check, your claim is now closed.
take the $1k and make a down payment on another car.
2007-09-13 03:38:41 · answer #2 · answered by lucy 7 · 1⤊ 0⤋
I hate to tell you but thats the way it is you can settle for the price they offer or get nothing. You have no insurance so you have no insurance company on your side fighting for you and they are on your own. They are paying you the fair market value for the vehicle in the condition they determined. They are considering it totaled because it would cost more to repair it than the total value of the car is worth. Thats done in about 45% of all accidents where a car is damaged if the vehicle is over 5 years old.
2007-09-13 01:00:04 · answer #3 · answered by Jason 3 · 0⤊ 0⤋
Get a lawyer! They will be VERY helpful. My husband was also in a wreck last year (he too was okay, thankfully). His lawyer did all of the dealing with the insurance company. I would also have the lawyer find out if that oil spill had been reported prior to his wreck. Slim chance, but if it had been, then liability may fall to who's responsible for cleanup.
2016-04-04 18:34:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you have underinsured motorist coverage your insurance company would settle the claim and go after the other carrier.
If not, hire an atorney to write a nasty letter to their insurance company threatening a lawsuit unless this matter is resolved. that usually will get their attention.
2007-09-13 01:04:20 · answer #5 · answered by krooser2 3 · 0⤊ 1⤋
Insurance companies rely on the individual to be complacent and take their first offer.
Don't do it.
Get a lawyer and sue them. The insurance company will then settle to make the lawsuit go away.
2007-09-13 00:58:00 · answer #6 · answered by kja63 7 · 0⤊ 1⤋
Most insurance companies use a CCC report to value their cars. I found interesting information about your answer here. http://all-car-insurance.blogspot.com/ Good luck!
2007-09-13 05:25:37 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Contact a lawyer and have them fight the case. Have all further contacts with the insurance company handled by the lawyer. Don't talk to the insurance company anymore.
You should have insurance, and some states if not all, it is required to get your license plates.
2007-09-13 00:59:24 · answer #8 · answered by Fordman 7 · 0⤊ 2⤋
If you've already cashed that check it's too late, as soon as a check from a claim is cashed it is a legally binding contract saying that you agree on that amount. Sorry but sounds like you're too late.
2007-09-13 02:23:27 · answer #9 · answered by ☆ღWifey Wifeyღ☆ 5 · 0⤊ 0⤋
the insurance company should pay the replacement cost for your car. since you do not have an insurance company to fight for you , you are stuck..
2007-09-13 01:02:04 · answer #10 · answered by twandrews mechanic 20 years 2 · 0⤊ 1⤋