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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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#47 of 196
Re: Brand New 2005 Car = Loss [joannes] by Mr_Shiftright HOST
Jul 17, 2005 (8:29 am)
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Replying to: joannes (Jul 16, 2005 3:50 pm)

No you can't expect to receive the entire purchase price of the car because your car is now a "used car" regardless of mileage. True, it's not very used but nonetheless your car has suffered the full one year depreciation.
 
To put it another way, given the choice between your car with 1,500 miles on it and a brand new un-driven identical car with 5 miles on it, which one would a person buy if the price were the same for both? Right, the new one.
 
Now then, the goal of this negotiation is to decide HOW MUCH LESS you would have to offer your car for, with its 1,500 miles, in order to get that buyer to NOT buy the new car, but to buy yours.
 
As you can see, to tempt the buyer, you'd have to give them a "break" off the new car price.
 
How much? Well that is arguable. Probably somewhere between what a new car sells for and what a rental car from Hertz sells for after 10,000 miles. Somewhere in there.
 
Keep in mind too that if your car is totalled, the insurance company ALSO has to under law give you back your sales tax and license fees, so that's probably another 8%. So when they make their offer, make sure they haven't already blended in the tax and license, because that makes their offer sound more generous than it is.
 
Hope this helps.
#48 of 196
Re: Brand New 2005 Car = Loss [Mr_Shiftright] by joannes
Jul 17, 2005 (10:10 am)
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Replying to: Mr_Shiftright (Jul 17, 2005 8:29 am)

Thank you, Mr. Shiftright, I certainly will look into what a rental car from Hertz sells for as well! That's a great idea. I pulled out my car insurance contract, and if I am reading it correctly, it sounds as though my carrier will replace a new car--same year, make, model, options--with another new car. I know this is hard to believe and almost too good to be true (see #4 http://aarp.thehartford.com/mypolicy/guide/policy_guide.pdf) but I definitely will ask about it when the adjuster comes by. Being optimistic that this may be the case, I'm also going to have my dealer do a search to see if he can find an identical car to the one my son has. If this ends up being the case, I'll definitely post and let everyone know! Thanks again.
#49 of 196
When does Geico decide that the car is totalled? by samirs
Jul 25, 2005 (10:37 pm)
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2001 MDX Acura was in an accident. My fault.
Estimate without a teardown is 14500. Expect the cost to go up a few grand after the tear down at the body shop. Only the front end was damages. The engine, tranny and everything from behind the front wheels is fine.
I would prefer the car to be called as totalled and take the money to buy a new (used) MDX.
Does anyone know how does Geico decide if the car was totalled?
the used 2001 MDX are around 22000.
thanks
samir
#50 of 196
I think my car should have been totalled! by conway1
Jul 29, 2005 (7:37 am)
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I have a 2002 dodge ram 1500 truck. I pulled out in front of someone and they hit the front passenger corner, it knocked me to the left and up into an electrical pole. there was major front end damage. the front passenger tire was basically broke off. when the truck was placed on jack stands and the brake line was removed, you could lay the tire on its side while still attached to the truck. and minor damage down both sides, broke windshield etc... the ADP fair market value came back as 15500.00. the repair estimates came to 7700.00 before the truck was tore down. this did not call for totalling the truck out. the cost of repair eventually came to around 8500.00. i now have my truck back and its a peice of crap. it is three years old, and has only 19000 miles on it, and now it rides and sounds like a 3 year old truck with 70000 miles on it. it has creeks and rattles, and just doesnt ride the same. what options do i have? do i have a good chance at winning if i take triple AAA to court? i think they should have totalled the truck. is it possible for me to get them to still do it as totalled? sale the truck, give me the difference to make the 15500.00 (fair market value), i pay the truck off and still walk away with my 4000.00 equity for a down payment on a new one? Any advie would be appreciated.... thanks!
#51 of 196
Re: When does Geico decide that the car is totalled? [samirs] by Mr_Shiftright HOST
Jul 30, 2005 (9:58 am)
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Replying to: samirs (Jul 25, 2005 10:37 pm)

You're close to total...insurance companies vary but just call them up and they'll tell you at what percentage of Fair Market Value they will total....my impression is 60-80% of current book value.
#52 of 196
Re: I think my car should have been totalled! [conway1] by Mr_Shiftright HOST
Jul 30, 2005 (10:01 am)
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Replying to: conway1 (Jul 29, 2005 7:37 am)

If it was the other person's fault, you can file a claim with their insurance company for Diminution of Value; if you were at fault and your insurance company paid everything, then your contract with them makes it nearly impossible for you to file a claim for Diminution.
 
About your only option if your insurance company paid for everything is to consult with an attorney and sue the insurance company for acting in bad faith, which would be a violation of their contract. IMO. I'm not an attorney, just throwing out ideas for you.
#53 of 196
Re: I think my car should have been totalled! [Mr_Shiftright] by conway1
Aug 01, 2005 (9:42 am)
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Replying to: Mr_Shiftright (Jul 30, 2005 10:01 am)

The accident was my fault. Unfortunately, I was told that diminished value does not apply to Arkansas. Thanks for the advice, I will see what options I have with an attorney.
#54 of 196
Re: I think my car should have been totalled! [conway1] by Mr_Shiftright HOST
Aug 01, 2005 (10:57 am)
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Replying to: conway1 (Aug 01, 2005 9:42 am)

All I know for sure is that insurance companies are regulated by state laws to act in good faith when they settle. This seems to me the only door you have open to you.
#55 of 196
Totalled Porshe - yea or nay? by perplexed2
Sep 26, 2005 (4:42 pm)
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My husband has a 2004 Porsche Carerra 4S, less than 2 years old, 8500 miles. He was in an accident on 4th of July. Briefly went like this: he was following a driver in a very old Camaro going 10 miles under the speed limit on the fwy, flashed his brights at the guy in front to speed up, the guy in front hit his brakes (probably an obcene gesture at my husband for having a nicer car) & spun out on the fwy. doing donuts in front of my husband who tried to steer around but instead was pushed into the median & came to a dead stop from 55mph. Very fortunately no one was injured & miraculously, the Camaro had no damage. The Camaro driver claims it was my husband's fault and that he he (my husband) hit him (the other driver). That seems impossible since the Camaro had no damage & my husband's car was demolished in the front & passenger side whose airbag deployed. The CHP came to take a report & the officer refused to take a side, possibly siding with the less affluent driver of the old car which the driver admitted needed some maintenance & that he hadn't driven in awhile. He admitted to being a car mechanic.
The car was taken to a body shop recommended & partially owned by the Porsche dealer the car was purchased from. The insurance adjuster claimed the damages to be only $14,000 while the body shop gave an estimate of $28,000 which has now climbed to a bill of $44,000 and the car is still pulling to the right. I suggested in the beginning that the car should be a total. It's now "fixed" but the after market paint job is as good as it gets but still doesn't look like the original factory paint job & there's obviously some mechanical issue. I'm also concerned about metal fatigue - all those bolts, joints, etc. that get stressed under that sort of impact.
 We thought of selling the car but now there's a Carfax report showing the accident so who would possibly buy this car? I feel that the insurance company should be making us "whole" in this situation and buy the car from us for the the depreciated used car retail value of $79,345 + tax. That only seems fair to me. As is, the depreciation from new is over $20,000 without the accident and we haven't even had the car 2 years. Is it right that the insurance company should force us to accept this car? I doubt we could get $50-60,000 for this car now that it's had so much repair work. $44,000 is more than the new value of the average vehicle & that kind of damage on 99% of all cars out there would equate a total. In the case of this car, it's 55% of the value so following normal % calcalations by insurance companies, the spread between the repair cost & value of the car is too high. But shouldn't they really calculate the % based upon what the car would be worth after the repair which would make the repair cost possibly a much higher % of the after-accident value?
Please help with my dilemma. I've unfortunately had a couple of totalled cars 25 & 30 years ago (avoiding drunk drivers coming towards me) and always got replacement value+ tax from my insurance-CSAA at that time.. Those cars back then were $4000 cars so it took little damage to qualify a total. I thank you in advance for any advice you can give me in dealing with my insurance co. I'm waiting for a call from a supervisor at Travelers.
#56 of 196
Re: Totalled Porshe - yea or nay? [perplexed2] by Mr_Shiftright HOST
Sep 26, 2005 (5:15 pm)
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Replying to: perplexed2 (Sep 26, 2005 4:42 pm)

Well totalling the car is the insurance company's decision to make not yours or the insurance laws, unless the damage reaches a certain percentage (I think about 80% under the law, but don't quote me).
 
Now if your car had been struck you'd be in a much better position in that you could sue the other insurance company for Diminution of Value after the repair---that is, while your car was fixed it is worth less than a "normal one" and so you want to sue for the difference in market value.
 
But since it is only your own insurance company that is involved, you can't sue them for Diminution of Value under the law (again, check again in your individual state law).
 
You probably need an attorney to sort all this out but offhand I'd say you aren't in a very good position unfortunately.
 
On the bright side, the car was not totalled so doesn't have a salvage title. While you will have to reveal that your car was damaged, if you have all receipts and the work was done flawlessly, you probably won't have to discount the car too much...not like you would if it were a totalled car.
 
But go see an attorney who knows insurance law. If the car is not performing as it should, this may be your legal lever. Your car is supposed to be fixed "good as new"..it can't steer funny. The insurance company has to make it right, but they don't have to total it, no.

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