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10-25-2008 #21
Pro-Touring Veteran
- Join Date
- Aug 2004
- Location
- NY
- Posts
- 1,070
Wait till you get your offer they are usually more than what you would pay for a comparable car. Just verify the options and miles are correct. Also the reports can be run in fair to above average condition depending where your vehicles condition lies. There is also prior damages that will be deducted. If your car was a "perfect" example than yes you should fight for an above average used car sale condition.
The reports are based on average used cars that are not inspected for prior repairs or defects that you may look for when auto shopping. When you shop, pricing is usually higher on a pristine car. When they run the report it is a simple average of cars for sale in your area without ever seeing what they actually looked like. This leaves room for negotiation.
Calling non stop and threatening any body regardless of their job is only going to work against you. Depending on the State they have a reasonable amount of time to make you an offer, don't let someone get pissed and use that against you. It can take a day or so to get all the information and reports needed to make you a fair offer. If a week or so goes by then push the issue. Never say you are getting an Attorney unless you actually are as it will force the claim rep to stop speaking with you directly.
A vehicle being a total loss may have nothing to do with an adjuster's judgement and rather be State Law. Most States require a Ins Co to total a vehicle when it's damages reach say 75% of its ACV (value).
If you were both driving side to side comparative negligence again depending on the state will work against you. You will get an offer of a percentage of the total value of your vehicle. $5000 ACV minus say 50% and you get $2500. Unless rear ended it is almost never 100%.
Go get checked by a real doctor without letting too much time lapse. You can figure out the rest.
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10-25-2008 #22As far as I know most insurance companies use two different methods when settling total losses. Usually one or the other, but seldom both. One is using a recognized source such as NADA or what is called Fair Market Value. Sometimes it depends on how your state laws are written. My state uses both, but the insurance company has to use the same method chosen for all of their total losses. They can not use the method that saves them the most money. If they use NADA on one they have to use it on all TL's until an NADA value can not be determined. They will then go to a market value. Market value is basically an average selling price of like kind vehicle in your area or extended area if they can not find the particular vehicle close to you. In my state, owners tend to fair better using NADA than FMV, the NADA figures are used at dealer retail and deductions are taken for condition, options and mileage. On FMV condition is figured at the bottom and then added to as condition warrants.
The sqeaky wheel gets the grease when it comes to the insurance companies, know the lingo and know what you are talking about when proposing a settlement. Write all notes down and ask for names of the representatives spoken with. It also doesn't hurt to check the State government website for settling total losses, they usually have posted guidelines the insurance companies must ashere to. If you feel they are not treating you fairly, most states have an insurance commisioner you can appeal to. Insurance companies do not like getting Dept of Insurance letters from the gov.
10-25-2008 #23



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