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Got in an accident... What to do :(


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Guest Rolling Parts
The car is done for..... What do I do?

 

You were under insured (so there is nothing you can do after the fact).

If you decide to keep it, then consider getting it appraised when it's fixed and then get classic car insurance from Hagerty's and be prepared to put up with their usage limitations as well.

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The only reason any of the insurance stuff is coming into play is because he admitted to hitting me.

 

 

Tell them to go soak their heads, they need to put your car back together in the same condition it was before their client hit you. If they don't, get noisy, letters to the insurance council or whatever overseas the industry, to the BBB, your congressman... even the media :D

 

They can't pull any 40% fault being yours crap if you haven't admitted fault and he has, they need to make good on their clients actions.

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I went through something similar with my wifes car and the other guys insurance company. They were trying to lowball me on the actual value of the car. I was able to prove the value of the car, not via NADA or Kelly Bluebook, but via autotrader. I collected about five or six ads for cars of the same year and model with similar options and mileage in my area. In the end I was able to prove actual value in my area and got what we paid for the car just two weeks prior. Don't let the insurance company jerk you around. If it is the other drivers fault, and he admitted so, then they should replace the car for current actual value. I never heard of this 60% crap except when replacing parts designed to wear out, like struts and such. Whenever I get in a situation involving insurance companies, and yes, it has been a few times, I always talk to my agent for advice, when there is another insurance company involved. If you don't have an agent you feel comfortable dealing with you should get another one; mine knows me on a first name basis.

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Yeah, if the actual narrative of the report doesn't give an opinion of who is at fault you can find the actual report sheet, usually the person listed as P1 (party one) or D1 (driver one) is the at fault party. That is if only one party is at is fault. That is how it works in CA on the CHP 555.

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I usually stay out of these threads. However, this thread is filled with so much incorrect and inaccurate information it's beyond ridiculous.

 

1) Laws vary from state to state regarding what makes a vehicle a total loss. We have people from Texas, Indiana, California and New Zealand commenting on a total loss in Pennsylvania. The laws aren't the same everywhere. Most states it's a simple matter of math. If the vehicle is more expensive to repair than it is to replace less the salvage value, it is a total loss. Things vary, Nevada for instance automatically totals vehicles if the repair estimate is 65% of the ACV (actual cash value). If it meets the criteria most states have laws that require the insurance company to make the vehicle have a salvage title. This is the best I could find for your state

http://www.ins.state.pa.us/ins/cwp/view.asp?a=1274&Q=546423&PM=1

Which basically says what I noted above. If it's cost prohibitive to repair (think more inexpensive to replace than repair) your vehicle it is a total loss.

 

2) As noted, if you think your vehicle is worth more, prove it. Older cars are a pain to find values for. Helping your a case with real comparable vehicles (similar condition) can bolster your case and get you more money. As the OP noted, this vehicle was not in good condition and had many prior issues. 600 a bit low? Maybe, but I've seen plenty of cars in similar condition on craigslist for that amount or less. The car needs doglegs, 1/4's and a hole in the framerail. How many of you would pay 600 for this car??

 

3) Regarding the 60-40 split on liability. This is called comparative negligence (comp neg). Contrary to pretty much everything in this thread this is common place. It is likely in many intersection accidents that both parties did something wrong. If so it's called comp neg and you are entitled to a partial settlement. I don't know the facts of the accident, however the other party admitting liability is not the final word by any means. Neither is a police report (though it helps your case). Likely you had a recorded statement taken from you. There are a multitude of issues that can come up. An example (I speak for Oregon here), there is a specific statute noting you must be sure it's safe to enter the intersection on a green light. This means if the light turns green you can't just enter willy nilly and "hey, the other guy ran the light". You have a responsibility to make sure it's clear. If you don't you share responsibility for the accident.

 

4) Attorney's are very unlikely to take any case involving property damage as there is not much money to be made in these cases.

 

There are laws in every state regarding total losses and how the value of the vehicle can be determined. Companies have to follow these laws. Are mistakes made? Of course, name an industry that's perfect and I'll call bull ♥♥♥♥. But all this "they're out to get you" and on and on is ridiculous. The job the adjuster has is to settle the claim. If they can document it they will give you more. Insurance companies use one of a few independent companies to find comparable vehicles and put together a report. They should be able to provide you with a copy which you can review.

 

I feel the OP's pain here. Who wants their project wrecked? My first 510 wagon was in similar condition and I loved that car. But the fact is buying and fixing up an older car in not so great condition is a risk. Period. Live with it or get a different hobby. I deal with totals all the time. I would classify this as basic transportation at best. Values typically fall between 500-1000 for these types of vehicles.

 

Re: the 60% you might be able to negotiate that a bit. You need to find out what they are claiming you did incorrectly and go from there. If the explanation is not clear ask to speak with a supervisor. Be polite and factual. Assholes get their way once in a while, but you know what? Karma's a bitch.

 

To the OP if you have further questions feel free to PM me or ask in this thread and I'll do anything I can to help.

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I had a similar problem with my son. He had a nice 1986 300zx with under 80K when he got into a left turn accident. These are very common here in Az. Although the acc wasn'r his fault, the other driver was cited, the ins company offered him 50% value for the car. I told him too ask for what he paid for the car. They went back and forth until I told him to get some adds from autotrader and the paper showing what cars were selling for. The ins co finally settled with him for 95% of what he paid. The only mistake we made was not requesting keeping the car.

 

 

so do a little leg work, don't be an a**hole with the adjuster, be reasonable in your claim and you should be able to increase their offer.

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I lost my first Z this way many years ago. Dove under the biggest trailer hitch attached to a big ass chevy. Was his fault but I hit him from behind...:(

 

As it turned out my car had more rust than I thought so I decided to scrap it. I negotiated with the insurance company and arranged to keep the car and settled for a lower cash payout. Sold all the parts and came out...... "OK", minus the Z.

 

Depending on the laws in your state...perhaps you can do the same,and throw the money at the repairs...........

 

Wouldnt it be grand if you could buff it out....:mrgreen:!

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