Originally Posted By Labuda Ok, so... last week, my car was hit by a truck that, while insured, was being driven by a person who I suspect may not be a legal resident of the US and has no license and does not speak English. One of his passengers is the registered owner of the truck who has it insured. His insurance company, Farmer's, has agreed to 100% responsibility and the driver of the other car received at least two tickets. The damage to Bessie, my Mustang, was to the front bumper, the driver's side front quarter panel, and the driver's side running light. I saw the adjuster today, and they're referring me to a totaled car specialist saying that Bessie is being considered TOTALED even though she runs fine, and in fact, the guy asked my if I'd ever had my engine or tranny rebuilt since they're in such good shape for a car from 1992. I also have $600 brand new tires and $565 brand new brakes, but they're saying that my car is worth less than the $1056 that he has assessed the damage at. Needless to say, this has me PISSED OFF, as I love my car and do NOT want to get rid of her, but do want them to pay for the damages so I can get her repaired. Eric has suggested that I threaten to sue Farmer's Insurance and the owner of the vehicle for total charges to have Bessie repaired and a million dollars in punitive damages since the owner and insured party allowed an unlicensed and unsafe driver to be behind the wheel of his car when he was completely capable. Note that if I had not gotten my brakes fixed the week before this, I likely would have sustained MUCH more damage and likely been injured by this idiot when he made the u-turn and then came into my lane. Also, note that I do not intend to sue for pain and suffering at all, as I am just MAD and didn't lose and money over this, though I did freak out and cry a bit and lose some sleep. Anyhow, does anyone have a good valid reason why I should do this instead of accepting the offer from Farmer's or why I should just roll over and accept the offer though I LOVE LOVE LOVE my Bessie. Sure she's old, but she is MINE and I want her fixed and I want to KEEP her. But, without the money from insurance to fix her, I won't be able to fix more than the light. So, my LP friends and family, is Eric over-reacting, or do you think it's normal for me to do this? I just don't want to file a frivolous lawsuit, and don't play to talk to our lawyers until after I hear from the total loss specialist that Farmer's will assign to me.
Originally Posted By gottaluvdavillains I would talk to Ford or another Mustang expert and get an estimate on what the car would be worth if it was fixed - taking in account the milage, how well it runs and such... Then make an educated decision - Farmers is in it for them selves and are going to value the car for as little as they can and don't want to pay anymore than they have to!!
Originally Posted By gaydsnywitch Labuda, that is such a bummer. Glad to hear that you're OK. I was in an accident a couple of weeks ago and my car was totaled. (I knew it would be before the insurance people ever got involved. There was no way it would ever move under it's own power again.) Anyway, it was determined to be the other guy's fault; he was the only one ticketed. My insurance company sent out an appraiser to look at the damage. They told me that if their estimate was higher than the other comapany's, then I could have them pay and they would go after the other company for reimbursement. Anyways, my point is that you should see if you can get a second opinion. Also, check out <a href="http://www.kbb.com" target="_blank">http://www.kbb.com</a> (Kelly Blue Book) to get a good idea what your car was worth before the accident. Good luck.
Originally Posted By sherrytodd I can tell you that threatening to sue will typically not get you anywhere. Get estimates and then make phone calls and, this is very important, follow up your conversations with letters. Submitting your requests in writing will typically get action. Try not to get emotional when talking to adjusters. They are human beings and typically aren't trying to be mean. When valuing the vehicle you can only take into account the true value of the car, not the sentimental value of the car. If they do total the car and Bessie means that much to you, you can keep the car but they will typically subtract the salvage value from the total settlement. Best of luck to you.
Originally Posted By barboy "Eric has suggested that I threaten to sue Farmer's Insurance" Farmers was not in the collision..... therefore, you have no recourse against that company, none. The punitive stuff won't fly either.
Originally Posted By TinksBestFriend I can understand your feelings about your Mustang but threating to sue probably wont get you anywhere because the insurance company has lawyers on their payroll so they just don't care. (And a trial gets them out of the office. LOL) In January I was on a jury that heard a case like yours. The cars involved were a Lexus and a BMW. Both cars about a year or so old. Full responsibly was taken by the driver of the BMW. Both cars were repaired. Something in the order of $40,000 for the two cars. The reason for the trial was for the amount of damages, pain and suffering and lost wages. It became a contest of who had the better experts. I made me, as one of the jurors listening to "experts" getting paid thousands of dollars to testify (both sides of course) while I was getting $15 a day. It was a civil trial so verdict was 10 to 2 in favor of the plaintiff. And there are no punitive damages in civil court. The insurance company will offer you a little as they can get away with, so it is up to you to prove them wrong. KBB, as stated above, is a good place to start. Also check some Ford dealers for the value of your car. Don't be afraid to negotiate. And when all is said and done, just buy your Mustang back from the insurance company. For me, jury duty was a really good education. And in America anybody can sue anyone for any reason, but it doesn't mean you will win. Good luck and drive carefully.
Originally Posted By Dave you have the right to take a settlement from them and buy the car back and repair it yourself. They may not insure it again but at least you'll have your car back.
Originally Posted By chickapin You may also submit the receipts from the tires and brakes with your letter. We got a settlement raised considerably by doing this several years ago. (The car was totaled, we were just trying to get the value back in the settlement.)
Originally Posted By Labuda Thanks, all - I'm seeing my mechanic this afternoon and plan to talk to hima bout the amounts I was just quoted by Farmer's for both the amount if they take possession of my car (NEVER going to happen), or if they pay me minus the "salvage" cost. Plan to talk to Eric about it, and then talk to my mechanic this afternoon and maybe go to a couple other places - hey, I'm on vacation next week, I'll be at Disney World, so I can send Eric to the local Ford dealers. hehe Anyhow, as far as threatening to sue, if I mention it, it won't be a threat, it will happen. That said, I really do NOT want to be invovled in a lawsuit. Thanks for the info, y'all! Date was copied to the clipboard Event: WDW flight leaves Scheduled For 3/29/2008 07:05 AM 21 hours 27 minutes 10 seconds or 0 weekends or 1 day or 21 hours (14 waking hours) or 1,287 minutes or 77,229 seconds
Originally Posted By jonvn I'm sorry, but you know, an 18 year old car probably has close to 250,000 miles on it. That means its value is about $500 to $750. $1000, tops. You can't sue for more than the car is worth. Insurance won't give you more than the car is worth. What you can do is take the money that they are offering, keep the car, and get it fixed. "And there are no punitive damages in civil court." Yes, there are. They are given for fraud, malice, or oppression. If you don't have one of those, you do not get punitive damages. <a href="http://www.dogbitelaw.com/adviser/pun.html" target="_blank">http://www.dogbitelaw.com/advi ser/pun.html</a>
Originally Posted By jonvn One other thing, as someone has pointed out. If there is some special reason that your car is worth more than the typical value of the vehicle, like if it does have a special motor in it, or some other customized work that would garner you more money if you were to sell the car, then you can use that information to get more money out of the insurance company. You have to prove this by showing receipts and describing what is special about the car. New tires and brakes do not count in something like this, although it may make the insurance company give you an extra few bucks out of the kindness of their heart.
Originally Posted By barboy "And there are no punitive damages in civil court." Why not?..... that's punitive damges' "natural habitat"---- they're at home in civil court where they roam freely and breed.
Originally Posted By sarahwithbaloo All I can add is that YOU research fully the value of your car so that YOU are satisfied you are being paid the true amount. When I tottalled our car last year (yes it was my fault and all but no other vehicle involved) the insurance company made me an offer for the car settlement.(Law in US may differ I know) Dave and I went on line to numerous car dealers all over the UK and found replacement cars of a lesser model more miles etc on sale for more money (we could not find the exact as this model was fairly rare as it was an automatic not the norm in the UK)we aproached the company with several examples and came to a new agreement.
Originally Posted By Ursula Is your insurance doing anything to help you? If I read that right, Farmer's is the other guy's insurance, yes? Would you not be able to call the police to simply ask them about the driver being who or what he was? Maybe they have advice?
Originally Posted By barboy You just don't understand yet; you just don't get it do you! You want more money? You feel cheated out of your share, don't you? It may be a bit late but if you are in Ca you have 1 year for an injury claim. Did you know that you suffered soft tissue damage? Well yes you did! It hasn't been diagnosed yet so go get a medical evaluation and tell the medic about the pain in your wrists and neck that is becoming progressively worse since the collision. After that hit the yellow pages for a sympathetic personal injury lawyer(an easy feat!) who will light a fire under Farmers and get you the money owed to you. I see settlement in your near future. Do it--- it's the American way
Originally Posted By MOLLYSMOM I just went through this very thing in November. No...you can't sue the insurance company in regards to the value of the car. I was initially offered far less than what my car was worth. I had to prove to the insurance company what the value of my car was. I had to find other cars identical to mine and show them what they were selling for. I also work for a Ford dealership, so I was able to have my car appraised by the dealer, and I gave the appraisal to them as well. When I was finished, I got exactly what I was after for the car, plus I got a set amount per day for what they called "loss of use." I also had first right to buy my car back from the insurance company...which I did. In regards to your Mustang, I would not only check with a Ford dealer, but with a Mustang Club if there is one in your area. A Ford dealer will generally go by "book" value...your local Mustang Club will look at the "whole package." If you do not have a local Mustang Club, you can go on-line and find several. They will also have listings on Mustangs for sale that you can use as basis for your loss. If you can PROVE to the insurance company what your car is worth, they WILL pay it.
