This is good advice.
I would add three things:
One, if they send you a check for the lowball figure, do not accept it.
Send it back. If you deposit it that will more than likely end the matter
right there and you'll never get the difference from them.
Do not get a bodyshop involved. Their loyalty is to whoever pays them,
not you.
I would be prepared for a fight. A lot of this is a game of
bluff-counterbluff, and they are hoping you will believe their bluff and
give up. Don't give up!
Mark M
On Sunday, October 8, 2006, at 12:16 PM, <pnkmoore@xxxxxxxxxxxxx> wrote:
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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