I did auto defense work for insurance companies for years in my law
practice, and still do some. Representing the "enemy," I have some
thoughts that may be of help to you. I'll start be saying that Ray
and Kenyon both had very correct advice. There are a few additional
things to keep in mind:
Insurers differ, so there's a bit of the luck of the draw as to how
you're going to be dealt with. Of course, they'll all in the business
of giving away as few dollars as possible, so you'd best prepare
yourself for the low-ball offer from an unsympathetic adjuster who
will maintain ignorance (fiegned or real, the former being more
likely) as to the value of the car. They do this as a matter of
course, as some appreciable number of claimants will take whatever is
offered first without objection.
Be prepared to be inconvenienced and to have to create your own
evidence of value. They won't do it for you, and be prepared the
entire process to take some time. The guy who hit you is the culprit
here, so keep that in mind if the insurer treats you like an
inconvenience. This has been foisted upon you by a criminal: you're
not the bad guy.
Be prepared also to have to bring the matter to small claims court,
this given the fact that you're valuing an unual car that their
estimating systems won't easily categorize. I'm the magistrate judge
for the local city court, and have experience (in small Southern town
terminology anyway, but the outcome is the same). You live in
Brooklyn, I think you said, so there's little doubt that a small
claims system exists within the City or County government that has
more than enough dollar jurisdiction (probably a $25K maximum) to help
you, and those systems are usually "non-lawyer" friendly to some
degree, meaning a thinking man of the general public shouldn't have
too much trouble traversing the procedures necessary to get the matter
properly lodged. The clerks are supposed to supply you with
sufficient instructions, probably in the form of printed material, to
permit you access to the court.
This is important, regardless of whether you plan to take the claim to
court: If the you can get the police report on the DWI findings,
meaning a blood alcohol level or if the guy pleads guilty to DWI, most
states have double damage laws in favor of claimants such as yourself,
though not always for property damage claims only. I wouldn't
hesitate to let the adjuster know you're looking into that
possibility, the result being that they'll want to get rid of your
claim sooner and may throw more money at it. The drunk guy's policy
may exclude that type of coverage, but be assured it will help your
claim be one they don't like. In the same vien, be aware that most
states require insurance companies to pay property damage claims
within thirty days of receiving "full proof of loss." Accordingly,
the thing to do there is to provide them up front with good evidence
of value, the best numbers you can find (Ebay, Hemmings, whatever) AND
MAKE A SPECIFIC DEMAND! The rule there is to make your first demand
higher than you're willing to take (i.e. you think it's worth $5k,
demand $10k first). When you deliver the demand, which you need to
make in writing, also make them aware that you consider this adequate
proof of loss, that they have 30 days to pay you the demanded amount,
and close your note (politely!) with the fact that if you can't come
to an agreement, your next trip is to the courthouse.
Adjusters hate "pro-se" plaintiffs in the courthouse, meaning people
who file suit without the benefit of an attorney. Judges often end up
helping pro-se plaintiffs more than a represented plaintiff.
Overall, get your best valuation evidence, be polite, prepared and
unruffled. They can pressure you all they want, but they can't make
you sign anything on the spot. Take your time, subject to the fact
that your state will impose a statute of limitations, or "prescrption"
period on the claim. The minimum is one year. Plainly, if you get
paper in front of them with valuation and keep those phone calls and
letters coming, you'll be in a position to settle before the statute
runs out.
If you hear: "We don't use Ebay for valuation" The answer to that is
"Okay, but I think the Judge might. Let's find out!"
Salvage: Given your description of damage, I suspect that the cost of
repair will far exceed the cost of replacement/actual cash value. The
drunk guy is only obligated to pay the lesser of those two numbers. I
know that seems unfair, particularly since this is your dad's car, but
that's what the law tolerates. Get body shop damages anyway, as the
high numbers will enhance your claim. So will the fact that this was
your Dad's car and you are justified in associating higher value to
it. Note that the insurance company will have to do a body repair
estimate too, and you might find it to be pretty accurate when
compared to what you get from a body shop. Be prepared too for the
body shop to ask "you want an estimate for us to really fix it, or for
an insrance company?" The two totals may vary greatly! They may
charge for the estimate (unless you know the guy). I don't know what
your local economy tolerates so I'm trying to guess at all
possibilties. Since your car is on the street and given your zip code,
keeping salvage may be impractical. If you want it, don't expect to
pay more than a few hundred dollars.
One last trick, one that I've used to my advantage in several cases:
Call a bank or go to a auto finance website (and if the insurer is
huge enough to offer auto financing, call them! USAA, for instance,
owns a bank and offers financing to their insureds, even on classic
cars) and find out how much the bank would secure the make and model
Imperial if you were financing it's purchase. I have used this method
with powerful results against insurance adjusters who complain that
there was no way to value an old car, or that an old car is only worth
$500. My response was "Well, let me help you out. Here's Bank of
America's website printout for classic car financing, and they'll
secure the same make and model car for $10,000 in the condition mine
was in. Get out your checkbook!"
Sorry this was so long, but I got a little carried away. I hope it
helps. Good luck.
Patrick
Southeast Louisiana
'58 Southampton project car
----- Original Message ----- From: "Rob McCall" <Rob_Mopar@xxxxxxxxxxx>
To: <mailing-list@xxxxxxxxxxxxxxxx>
Sent: Saturday, October 07, 2006 9:39 PM
Subject: RE: IML:drunk people & insurance claims
The only thing I can add to what Kenyon said is to insist that you do not
want the car totaled, you want the money for repairs. Even if you do
decide
later that the car is too far gone to repair, it's your call, not his
insurance company's. With the age of the car, they may not argue. You
might not be able to get all the money necessary to repair the car,
but it
would be something to work with.
Rob McCall
'67 LeBaron
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