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Replacement Cost by Insurance Company for Totaled Vehicle

196 messages,  Last post on Nov 17, 2009 at 7:17 PM

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What is this discussion about? Car Safety, Buying Insurance, Coupe, Convertible, Hatchback, Truck, Sedan, Wagon, SUV, Van

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#12 of 196 by Mr_Shiftright HOST Nov 13, 2004 (9:04 am)
Well we can't possibly answer the legal question of fault, all we can do is advise you perhaps on how to "work" a claim once fault is established.   If she doesnt admit to fault and you have no witnesses or police report, you may have to resort to some legal means (small claims court?) to plead your case and hope for the best. Replies to this message: twynkie (Nov 13, 2004 1:47 pm)
#13 of 196 Re: [Mr_Shiftright] by twynkie Nov 13, 2004 (1:47 pm)
Replying to: Mr_Shiftright (Nov 13, 2004 9:04 am) Thanks for your reply...I know you can't possibly tell me who's at fault legally, I am more interested in hearing people's personal opinions based on the events that occured, since it is now my word against hers basically and I'm wondering how an outside eye would view the situation. Now when it comes to fault...perhaps this is only in Texas, but I was under the impression that a failure to yield right of way is ALWAYS at fault in an accident. I was in an accident a few years back where I was the one who failed to yield r.o.w., and I was sued by the girl who hit me for a substantial amount of money for 'injuries' (THAT was a joke...) and her car. After almost a year of searching for a way not to pay her pain and suffering, my insurance finally caved and gave her like $10,000. AND THIS GIRL WAS SPEEDING, DANGEROUSLY! What I heard from my insurance's lawyers, the judges, and my own lawyer is a failure to yield r.o.w. means you're at fault, no questions asked. Is that wrong, did I misunderstand that? I'm not shady enough to go after fake injury money, I just need what I deserve which is my car or money to replace it. I'm afraid it's not going to be as simple as calling insurance and getting a check...please, ANY ADVICE on what I can tell them, things I can do to speed up the process, ANYTHING to turn this in my favor...I need all the help I can get!   Thanks for listening...
#14 of 196 by Mr_Shiftright HOST Nov 13, 2004 (6:02 pm)
Your best approach rests on YOU believing that you were not at fault. Without witnesses, it all rests on YOU being convincing to her insurance company or to the referee or judge hearing the small claims case.   You should make up a very detailed diagram, showing compass direction, line of cars, stop signs or traffic lights and whether they were red or green, and then of course HER path and YOUR path. You could even take photos of the intersection and include them, with "X" marking the spot.   This is all you can do, to give your version of what happened.   Next time, get a witness if you can and call the police. It sounds like you *may* have even violated the law by not filing a police report (state laws vary, in my state if damage is $500 you must file a police report---I think that's the rule anyway, something like that).   Without witnesses you are definitely between a rock and a hard place on this one. Replies to this message: twynkie (Nov 14, 2004 12:06 am)
#15 of 196 Re: [Mr_Shiftright] by twynkie Nov 14, 2004 (12:06 am)
Replying to: Mr_Shiftright (Nov 13, 2004 6:02 pm) In Texas, you are not required to report an accident to the police if both parties agree to exchange insurance information on their own. It's only illegal to leave the scene of the accident if you drive away without giving your info to the other party OR if the other party says they want a police report and you refuse to stay.   We do have a witness, but I don't have a clue who's fault he's going to say it is...my lawyer friend is going to contact him for me and find out. Thanks for the advice, I never thought about going back there but that intersection is always backed up in that one lane during rush hour and cars are always cutting through the stopped cars to get into the Wal Mart...some well taken pictures of other cars doing what she did would prove my point.   Thanks for your help, I'll let you know what ends up happening...
#16 of 196 by Mr_Shiftright HOST Nov 14, 2004 (7:40 am)
Well good luck and sorry for your misfortune. I hope justice is served.
#17 of 196 How do I get coverage for the contents when I don't have homeowners? by happydriver Dec 26, 2004 (12:33 am)
My Lexus LX 470 - still under warranty - just burned, with all our possessions and Xmas presents inside. The car died on the highway and there was a fire under the engine, that spread and engulfed the car. There was no apparent cause. The car just died! I want to hold Lexus responsible for the contents of the car which my auto insurance (AAA) doesn't cover. I have no homeowners to cover contents either. How should I proceed? THank you.
#18 of 196 by Mr_Shiftright HOST Dec 28, 2004 (11:49 am)
You need legal advice on that one. I'm a bit surprised AAA doesn't cover you however. But by all means consult expert legal advice. This is too complex an issue for random suggestions I think.   MrShiftright Host
#19 of 196 How much I could get back from my insurance company? by bh458 Mar 04, 2005 (3:26 pm)
Hi,   Just several days ago, my lovely 96 Integra GS-R was stolen. I do have comprehensive coverage. Just wondering how much I am able to get back from my insurance company. And if it offers me too little, what could I do?   My car info: 96 Integra GS-R, Perfect condition, Multi CD Disc, 100,000 miles.   thanks,
#20 of 196 lwhat to do by Mr_Shiftright HOST Mar 08, 2005 (5:34 pm)
if you are offered too little, and you dispute the settlement, I'll bet your insurance policy requires you to go to arbitration. You MIGHT be able to avoid this if your insurance company tells you they will review an appraisal from your own appraiser. This may cost you about $150. If the insurance company doesn't like your appraiser's appraisal, then you go to arbitration which will cost you about another $300 or so. Generally, unless the arbitrator reallyl has it in for you, you'll get back a settlement that will usually cover the costs to get to the arbitration in the first place, but perhaps no more than this.   If you are disputing the settlement, you need evidence to show why it's not a good settlement. This will require you to look for "comparables" which mean comparable in miles and condition and equipment to your car. Also, you can look at the Kelley Blue Book at your public library, but be sure to make all deductions for miles, condition, etc. The book tells you how to do this.   good luck,   MrShiftright Host Replies to this message: eviljoe (Apr 08, 2007 11:39 am) cccompson (Apr 08, 2007 2:52 pm) paisan (Apr 08, 2007 4:37 pm) and 1 more... joel0622 (Apr 09, 2007 8:19 am) blueiedgod (Apr 21, 2007 7:32 am)
#21 of 196 2004 Passat cost ? by kartoos Apr 08, 2005 (7:50 am)
My 2004 Passat is a total loss after being involved in any accident (fortunately nobody was hurt and I walked away with no broken bones....impressed with the way the car handled the crash). Anyway, my insurance valued my car (16000 miles) at 21,371 $ (after the deductible)....I am not sure if this is a the right price. KBB gives 21,555. Should I just take it ? or maybe re-negotiate with insurance ? Any advice would be greatly appreciated...thanks.

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