Fighting the Insurance Company ?
My Car was totaled but they won't pay me a fair price,
I have a 1996 Del Sol. Only 8400 were made that year.
Even less exactly as mine was built. I am the original
owner and a fanatic about maintenance and it's in top
condition and looks. Service managers, service writers
and mechanics always ask me if I want to sell it. I was
in an accident, not my fault and the car was totaled. The
"at fault" insurance company used some "Auto Source" to
estimate the value at 00 "around my area". Hell, they
can't even find one NATIONWIDE so they find a similar
model (but not mechanically or optioned the same) and
tell me that's all they'll pay me. I sumitted SEVERAL
sheets of nationwide "for sale" cars, even though they
weren't exactly like mine, I could find one or two that
were closer mechanically and options, different color,
different mileage. They were selling for 00. And I
don't know the mechanical condition, this is just going
by info provided. So how can I buy another car like mine?
I explained that you can't find a car like mine so I will have
to wait until one is for sale at market prices, or THEY can
find me a car like mine and pay whatever it costs. I know,
I'm pathetic, it's just a car! But it's MY car and they destroyed
it and I want what I had before they caused the accident!
They won't even tell me where they towed it to and won't release
it until I pay for the TOWING AND STORAGE because I didn't
agree with their low-ball estimate! So storage fees are adding
up plus the tow fees and I don't have money or a car. I was
told to go through MY insurance which is even more pathetic
than ME!!! They didn't even return my calls when the accident
first happened and told me that the "at fault" insurance would
handle everything and closed the claim! So now what do I do?
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I know man,My brother totaled a $20,000.00 Corvett and the insurance said they would only give him $8,000.00,Those Bas**rds.Call a attorney and see if you can win in court + court costs.Good luck to you.
well not know where your car is is a bad sign to start with.. and best you talk with a lawyer sounds like your getting taken
Try to explain the whole thing to your local police. Maybe they can show you a way out of this dilemma.
I hope it helps you.
go back to your insurance company. do you have a local agent ? that is who you need. if not, you need to call and e-mail your company over and over, do NOT take no for an answer. if all that fails call a lawyer. you need someone that knows the business and is not emotionally involved. it is just a car, but it is your car and you deserve to be treated fairly. good luck
Contact a local lawyer specialize in auto, get them to write to the other insurer as well as your own one, basically layout the terms that you stated above, make sure you have prove that all services and maintenence are done according to schedule and pictures of your car in tip top shape,
Next find another car similar to yours and get the current value, use this to claim against the other party, also tell yuor insurere that you will sue them for failing to protect against your claim.
The final step is even simpler, just create a website using your own insureres name
ie, http://www.xxxxxx-sucks.com
Then use all the info you have, make sure you have proof for everything you put on or they can counter sue you, then just contact newspapers, also write to them telling them you are going to do this, the fact is, as long as what you put out are true, theres nothing they can do to stop you. they will soon back down
Most insurance companies use the same auto source program to reach a market value for a car. I’m guessing they used CCC to arrive at your value. One thing to keep in mind is ‘going for’ and ‘get’ can be two totally different things. I can ask $10,500 for a car bt it might sell for $8000. I know your car is your ‘baby’ but incurance does not owe replacement value, it owes market value.
If your car is in a tow lot, and you decline the offer, the insurance company can stop paying for the storage fees, so if that is your situation, I’d reccomend moving the vehicle to your house or toher location that does not charge stoarge–those fees add up fast.
The insurance company has to let you know where the vehicle is.
You can always try to file with your own company, but again they probably use the same sources as the ‘at fault’ company and may even come up with a worse offer.
There is always the ‘appraisal clause’ that you can use, it’s when you hire your own appraiser and the insurance hires one as well and they submit the info to an ‘umpire’ who makes a final and binding decsision on the value.
I know this is probably not going to be a popular answer, but it’s the way it works.