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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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#7 of 196
MARKET VALUE by njrobert
Aug 31, 2004 (11:58 am)
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Hi - I hope I am posting in the correct place.
 
My 1997 Ford Taurus LX sedan was totaled while it was parked. I'm trying to do some research and see what the insurance company is going to pay me - I'm concerned because I still have car payments left to make - not to mention need down payment for another car.
 
The adjuster called and said that the car needs to be taken to another location to have a value set and they use "ADP" to determine the market value.
 
The car has many options - power moon roof About 14K miles less than the norm (has 68K not 84K). Leather/power seat, cd changer, keyless entry, new tires (4 months old now) etc.
 
Any ideas? suggestions? Tips on what to do or say If I don't like their quote? (BTW other drive is obviously at fault and did have insurance)
 
Thank you in advance very much for any input.
#8 of 196
by Mr_Shiftright HOST
Aug 31, 2004 (5:05 pm)
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You could appraise it here at Edmunds for starters. Just hit the "used car" button up top of this page.
 
Also you can go to www.traderonline.com and check out similar cars for sale. The insurance companies use a computerized appraiser and THEY MAKE MISTAKES on miles, trim level, etc., so make sure you double check that.
 
As for your loan, you can't always expect the FMV (Fair Market Value) to be enough to pay off your loan, but if you've had the loan for a few years you may have enough equity in the car by now. But since you were also paying interest, it might turn out that you'll get less than the payoff for the car.
 
Be prepared to fight if you don't like the payoff, but do your homework so that you can show them comparables for sale and price guides.
 
Numbers on paper work better than just words on the telephone.
 
Sometimes the insurance company will cough up more if you are persistent and diligent.
 
If you can't get anywhere with them, hire your own appraiser and submit that as proof. If that doesn't work, you may have to try mediation with a referee. If that doesn't work, you may need a lawyer.
#9 of 196
Replacement cost for toteled? by kank2
Oct 02, 2004 (6:00 am)
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My car, 2001 Toyota Camry ce, 59k on it, is totaled by other driver.
My question are:
1. How much is it cost to a replacement?
2. How and what do I do if I don't accept insurance co's unfair offer?
 
Thank you very much for any suggestion.
 
Kank2
#10 of 196
by Mr_Shiftright HOST
Oct 02, 2004 (4:44 pm)
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See response #8 above Kank!
 
Host
#11 of 196
Car destroyed, broke & confused about what happens next... by twynkie
Nov 13, 2004 (2:35 am)
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Hi,
 
I had an accident three days ago, a woman in an SUV made an illegal left turn in front of me and I crashed my '93 Acura Integra straight into her passenger door. At first I thought the car might be drivable but, the hood, front bumper, lights etc are severely damaged and bent and the car overheats immediately when turned on then makes an awful grinding noise for about twenty minutes after the car is COMPLETELY shut off. The heater and a/c no longer work, the list goes on and on. This car is paid for and I only have liability coverage. I believe I was not at fault for the accident, and her insurance should cover my car which they will no doubt total out. I am freaking out now though because at the time we didn't have the police come out, I think she knew it was her fault and she didn't want a ticket for failure to yield right of way, and I had to pick up my little sister. So now is it up to the insurance companies to decide who's at fault? How does this work? I am completely broke and if her insurance doesn't cover me I'm in deep trouble because I can't afford to get another car. Your help and advice on what I need to look out for and any steps I can take to help my situation are DEEPLY appreciated.
 
Here is how the wreck happened, I'm curious to hear who you think is at fault...
This happened on a four lane street, I was driving northbound in the right hand lane, about 700 feet from the next major intersection which had a red light. The northbound left lane next to me had a line of about 20 to 30 cars not moving, waiting for the left turn light to turn green but my lane was empty all the way to the light. I proceeded at the posted speed limit, perhaps 5 over IF THAT toward the light to make my right hand turn, when southbound SUV appeared in a space between two of the stopped vehicles in teh left lane, and proceeded to turn left in front of me out of nowhere. The SUV did not brake when entering my lane nor did she look to see if my lane was clear to cross, and when she did finally see me she made no attempt to stop but instead attempted to complete her left hand turn and pulled her vehicle out blocking my lane completely from the front, and with the line of cars in the left hand lane I had no escape route so I tapped my brakes and prayed for the best. My front end hit her vehicle on the front passenger side door.
 
Let me know who is at fault and what I can do to get my car totalled faster so I can get something else to drive to school. PLEASE HELP ME!!
#12 of 196
by Mr_Shiftright HOST
Nov 13, 2004 (9:04 am)
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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.
#13 of 196
Re: [Mr_Shiftright] by twynkie
Nov 13, 2004 (1:47 pm)
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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)
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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.
#15 of 196
Re: [Mr_Shiftright] by twynkie
Nov 14, 2004 (12:06 am)
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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)
Reply
Well good luck and sorry for your misfortune. I hope justice is served.

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