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re: Is this normal for a totaled car?

Posted on 10/9/17 at 11:25 pm to
Posted by Skooter
Member since Jun 2008
2253 posts
Posted on 10/9/17 at 11:25 pm to
quote:

SuperSaint


GFY

quote:

you're a POS and one of the reasons insurance is outrageous in La 


The reason the rates are so high is because insurance companies pull stuff like this, forcing you get a lawyer.
Posted by Fewer Miles
Member since Oct 2017
18 posts
Posted on 10/9/17 at 11:32 pm to
Inb4 "I bet you wish your car had...
quote:

Fewer Miles
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
28646 posts
Posted on 10/9/17 at 11:39 pm to
quote:

Car has 180,000 miles. Which is pretty average for a 14 year old car. Clean title.


For thread verification, you do NOT have collision and comprehensive on the car, correct? If you do you should be dealing with your own insurance (who will pay then subrogate but usually will wait until after subro to give you your deductable).

I assume LA allows for rental car or loss of use claims. If so and you do not need a rental car make sure the 3rd parties insurance company pays you loss of use, the time is generally limited for a total.
Posted by Wishnitwas1998
where TN, MS, and AL meet
Member since Oct 2010
61798 posts
Posted on 10/9/17 at 11:40 pm to
quote:

be happy your vehicle wasn't brand new. your arse raping would've been much worse.


Well if you aren't a dumbass your auto policy includes GAP insurance....
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
28646 posts
Posted on 10/9/17 at 11:55 pm to
quote:

Well if you aren't a dumbass your auto policy includes GAP insurance....


If you have the money this is the type of risk one (that is not a dumbass) may self insure.
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 10/10/17 at 5:54 am to
Or you never need GAP insurance because you don't finance 100% of the car. I think I had GAP on my very first car since I was just out of school. Trade in and down payment has been more than the depritiated value since.

To the OP, it may be a pain, but sounds like you have a foot to stand on. Sounds like a smaller insurer and I've had my own problems with them. Had one where I was rear ended and they would not accept liability until the client officially stated they were at fault. Even though the police report stated it. Client wouldn't return calls. They said since he wasn't accepting liability through not being available, then he broke the contract between then and they had no responsibility to pay. I got my insurance calling them and started throwing the word attorney around (only 700 bucks worth of damage, but is have paid more just to make them pay). Within a day of doing that, everything was approved and check was released to the body shop.

All state on my end was helpful. I could have filed my own claim, then had them go after his insurance, but my agent was willing to make the phone calls before even doing that to out the pressure on them. Saved me from having to make a claim and lose any discounts.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
28646 posts
Posted on 10/10/17 at 6:00 am to
quote:

Or you never need GAP insurance because you don't finance 100% of the car.


I read that to also include "replacement" insurance if not financed.

The problem with cars is the massive depreciation they take in a couple of thousand miles. Given the number of 60 thousandaires that buy 60k trucks and cars gap and replacement insurance can be great if they have an accident in the first year.
Posted by 756
Member since Sep 2004
15265 posts
Posted on 10/10/17 at 6:44 am to
when my car was totaled I was paid

Clean NADA retail
plus tax title and license

Additionally the appraiser checked local car lots to ensure the NADA pricing was on target

Settle for nothing less or get an injury attorney(be prepared to pay attorney 40% fee plus expenses should come in around 65% of settlement.

If you have a trustworthy attorney - they will normally handle for 33%--
This post was edited on 10/10/17 at 6:46 am
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58809 posts
Posted on 10/10/17 at 6:52 am to
Yea that mileage is spot on.


Retail should be offered unless there is a reconstructed flag on the title. I've seen situations where the mileage was so high the deduction basically knocked the value down to trade in from retail.

Offering you trade in just because seems very wrong, in addition to her explanation as to why.
Posted by biglego
San Francisco
Member since Nov 2007
80551 posts
Posted on 10/10/17 at 7:18 am to
quote:

It's a 2004 Kia Optima, so

quote:

06 Altima with 240,000 miles and a transmission that acted up when it was cold. I had someone knock on my door buy it the day after I took the plates off.

This is the kind of shite poor people post
Posted by Will Cover
Davidson, NC
Member since Mar 2007
39540 posts
Posted on 10/10/17 at 7:33 am to
quote:

She went to the chiro today and got x-rays and adjusted. He told her that her back is definitely out of line, and he is confident that it is not from standing up all day at work. Said it was from the impact of the wreck. He wants to see her later on this week to go over the x-rays and do another adjustment


Give Dr. Plantz time.

He's the only chiropractor I know that will have your back while also straightening your back.

How do I know? I seen't on the TV during Maury.
This post was edited on 10/10/17 at 7:34 am
Posted by madmaxvol
Infinity + 1 Posts
Member since Oct 2011
20948 posts
Posted on 10/10/17 at 7:33 am to
quote:

Clean retail is what I should be trying to get? I tried to tell her that and she said retail is only what the dealer could sell it for not what I could get because the dealer is a business and I'm not. I told her since they are a business they need to buy trade-ins for less than they are worth to make a profit. She just kept saying I wouldn't get that and all I would get is trade-in.



Tell her that her policy holder totaled the car, and it is their responsibility to replace the car. Clean retail is what it will cost to replace the car. It doesn't matter what someone else would give you for the the car. It all depends on what the replacement car will cost you.
Posted by Fewer Miles
Member since Oct 2017
18 posts
Posted on 10/10/17 at 7:48 am to
Well we were both in school when we got our cars, so that's a pretty spot on assessment
Posted by thejudge
Westlake, LA
Member since Sep 2009
14759 posts
Posted on 10/10/17 at 7:48 am to
quote:

Tell her that her policy holder totaled the car, and it is their responsibility to replace the car. Clean retail is what it will cost to replace the car. It doesn't matter what someone else would give you for the the car. It all depends on what the replacement car will cost you.


This
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
145107 posts
Posted on 10/10/17 at 7:50 am to
quote:

The reason the rates are so high is because insurance companies pull stuff like this, forcing you get a lawyer.
so forcing you to get a lawyer and fake an injury?

bullshite, only a POS does this
Posted by Fewer Miles
Member since Oct 2017
18 posts
Posted on 10/10/17 at 7:54 am to
I'm not trying to go out and get a PI lawyer. But her back is legitimately hurting her right now. She's on her feet all day at school and now she comes home with back pain every day. So that's the reason why she's going to a chiropractor and we will make sure she is 100% OK before we sign anything.
Posted by Napoleon
Kenna
Member since Dec 2007
71029 posts
Posted on 10/10/17 at 8:43 am to
What? Only business can do retail? Stop talking to their insurance and lawyer up.
Posted by Isabelle81
NEW ORLEANS, LA
Member since Sep 2015
2718 posts
Posted on 10/10/17 at 8:47 am to
Happened to a friend of mine. Per law, insurance only has to pay trade in for a totaled car.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
145107 posts
Posted on 10/10/17 at 8:47 am to
quote:

But her back is legitimately hurting her right now
well then it's understandable


People in this thread were saying to go lawyer up even without any real injury. That's bullshite
Posted by JPB
Dallas
Member since Sep 2015
147 posts
Posted on 10/10/17 at 9:41 am to
So I work for big bad insurance company so feel free to bash me all you want but here's how "most" policies will read...

Your total loss value is not "clean retail" value. It's actually the fair market value based on mileage and condition of the vehicle. Low mileage and well kept car will add value while high mileage and poorly kept car will lessen the value.

Think of it like this... If you put your car up for sale on the private market prior to the accident, what would it have sold for?

You can search for vehicles in your market area that have sold or are currently for sale to see the average selling price. Your vehicle will be adjusted based on condition/mileage. You should be allowed to present those comparable vehicles for evaluation. There could also be an appraisal clause in their policy should you continue to have a dispute. You can ask about that.

You can have your insurance company handle under collision coverage and subrogate the at fault carrier. However, they are not going to negotiate on your behalf outside of a subrogation claim.

As for getting a lawyer, most do not like to handle the property damage portion of a claim as there is very little in it for them. Some will but it has been my experience that most do not.
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