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What course of action do I have? (car accident related)

Posted on 6/30/14 at 1:57 pm
Posted by KosmoCramer
Member since Dec 2007
76504 posts
Posted on 6/30/14 at 1:57 pm
So I was driving down a one way street in Columbus, Ohio minding my own business and a woman driver decided to make a left hand turn from the center lane only a car length ahead of me. I was going 35, slammed the brakes and swerved slightly as to not over correct and hit a light pole. Anyway she admitted fault to the cops, etc.

Anyway, she has Safe Auto. They originally were't going to total the vehicle, but after they got it to the shop of our choice they said the value to repair is slightly UNDER the value of the car.

The adjuster said that there might be more suspension issues that they are looking at now and they want to total the car.

This car is in really nice shape, great mileage for the year, etc. and I don't want to total it. What can I do? Challenge the estimate? (I trust the body shop) Challenge the worth of the car? Edmunds has it a bit higher than what they are totaling it at, besides the fact I can't buy a similar car for less than 2k MORE than they are totaling it for.


What can I do? Take the money from Safe Auto and just pay the body shop the difference to fix it? Is that even allowed? Lawyer up?


TL;DR. Car totalled, but worth more than they are giving me for it and it's close. What are my options?


ETA: frick Safe Auto, women drivers and poor people.
This post was edited on 6/30/14 at 1:59 pm
Posted by Neauxla
New Orleans
Member since Feb 2008
33442 posts
Posted on 6/30/14 at 1:59 pm to
You can always buy it back. But your car will now show as a totaled vehicle.
Posted by TigerNlc
Chocolate City
Member since Jun 2006
32490 posts
Posted on 6/30/14 at 2:00 pm to
quote:

Take the money from Safe Auto and just pay the body shop the difference to fix it? Is that even allowed

This, buy is back from the insurance then have it fixed.
Posted by KosmoCramer
Member since Dec 2007
76504 posts
Posted on 6/30/14 at 2:00 pm to
quote:

You can always buy it back. But your car will now show as a totaled vehicle.


Yeah, so it'll have a salvage title or something?

And what does buying it back entail?
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76178 posts
Posted on 6/30/14 at 2:01 pm to
Call Morris Bart
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35481 posts
Posted on 6/30/14 at 2:01 pm to
Stop hitting on those married women at the piano bar and this shite won't happen.

Hope it all works out, pal.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58306 posts
Posted on 6/30/14 at 2:02 pm to
Will have a reconstructed title and be worth less if he ever sells, trades, or has it totaled (again).

Also, if you plan on doing this OP, if the repairs cost more than what you're paid for retaining the car, you are SOL as far as Safe Auto is concerned.
Posted by KosmoCramer
Member since Dec 2007
76504 posts
Posted on 6/30/14 at 2:04 pm to
Can I lawyer up to get them to raise the value of the car so that it's not considered totalled?

He admitted to me on the phone that the cost is less than the total value but there maybe more issues that they don't know about.

Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58306 posts
Posted on 6/30/14 at 2:07 pm to
How will you pay the lawyer? Will he take a percentage of what they pay?

In Louisiana, once the cost of repairs exceeds 75% of the ACV you have to handle as a total. So that may be what he means, repairs are less than the value of the car, but could have exceeded the threshold, assuming there is one.

What is he using to value the car and what are you using?
Posted by jimithing11
Dillon, Texas
Member since Mar 2011
22471 posts
Posted on 6/30/14 at 2:08 pm to
Woman driver
Posted by KosmoCramer
Member since Dec 2007
76504 posts
Posted on 6/30/14 at 2:10 pm to
I'm not gonna get a lawyer over a couple hundred bucks.

I just didn't know if I could provide evidence, etc.

I have no idea what he's using. I'm doing a quick calculation via the internet. I'm more pissed than anything.

I get hit by some stupid bitch and I have to pay to get even a worse car than I have now.

It's juts frustrating that I've worked hard to keep this car nice and upkept and it would have lasted many more years.
This post was edited on 6/30/14 at 2:12 pm
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58306 posts
Posted on 6/30/14 at 2:13 pm to
You can present them with whatever you want in order to back up your request for a better value on the car. Tell him this, but maybe leave out the stupid part:

quote:

I get hit by some stupid bitch and I have to pay to get even a worse car than I have now.

It's juts frustrating that I've worked hard to keep this car nice and upkept and it would have lasted many more years.
Posted by Neauxla
New Orleans
Member since Feb 2008
33442 posts
Posted on 6/30/14 at 2:15 pm to
Why do you think your car is worth more? KBB?
Posted by Iona Fan Man
Member since Jan 2006
27462 posts
Posted on 6/30/14 at 2:16 pm to
quote:

ETA: frick Safe Auto, women drivers


It's my fault you say things like this..
Posted by VetteGuy
Member since Feb 2008
28085 posts
Posted on 6/30/14 at 2:16 pm to
quote:

Challenge the worth of the car


Very easy to do.

Finds ads with like condition and miles, don't forget to add for sales tax.

You don't want your car back, trust me.
Posted by KosmoCramer
Member since Dec 2007
76504 posts
Posted on 6/30/14 at 2:18 pm to
quote:

Why do you think your car is worth more? KBB?



I was looking at Edmunds, KBB, etc. and then looked at comps in the area.

Are they gonna pay the tax if I have to buy a new car?

I'm just frustrated as hell.

I don't know if y'all have Safe Auto down there, but they only offer minimum coverage and are known for being total bitches and stingy asshats.
Posted by Displaced
Member since Dec 2011
32702 posts
Posted on 6/30/14 at 2:20 pm to
quote:

are known for being total bitches and stingy asshats.

arent all insurance companies?
Posted by KosmoCramer
Member since Dec 2007
76504 posts
Posted on 6/30/14 at 2:21 pm to
quote:

arent all insurance companies?



True, but especially Safe Auto.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58306 posts
Posted on 6/30/14 at 2:21 pm to
They'll pay tax because they're buying the car and are legally obligated to do so. KBB can pull comparable vehicles from all over, not necessarily in your area, and skew the results. I believe the also factor in other charges to the amounts, so read the fine print.

Also, if cars are being listed for a price, that doesn't mean they are selling for the same, especially used cars. So using the selling price may not be as accurate as you'd hope.
Posted by KosmoCramer
Member since Dec 2007
76504 posts
Posted on 6/30/14 at 2:23 pm to
So are they going to buy me a comparable car and pay the tax? Is that what you're saying? If so I would totally do that but that didn't seem to be what he was saying.
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