Insurance qustion

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Wait for an offer, come back at $3K, and stick to it. Don't let yourself get dragged into justifying the figure, or start higher hoping to end up there. $3K is your number.
You're entitled to "compensatory expenses", so that's not at all an unreasonable figure for a rig with a market value in the $1500 range.
Adjusters are actually paid to close claims these days. Too many "bad faith" judgments got insurers' attention.
Forget about small claims. If you get a lawyer they're going to have to pay it, too.
Don't threaten getting representation, or let yourself become emotional, raise your voice or plead your case. If $3K doesn't work them, thank them, lead them to the door, say "I'll let you know". They'll take the hint, I'll bet. -----
- gpsman
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I've never seen cases where they hand out extra money as "compensatory expenses". You get either the repair cost or if that exceeds the market value, then you get market value. You also can get rental car fees, taxi fees, etc., but they have to be reasonable and provable. Judges don't take a $1500 claim and double it to $3000 in a case like this just to throw extra money at you.

Says who? And you'd have to be nuts to go to an attorney with a $900 or $1500 claim.

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snipped-for-privacy@optonline.net wrote:

Yes they do. If I file a claim for $3,000 and the other party doesn't show up, I'll almost always get the amount I asked for. After all, it's my word against no one's.
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The judge will still look at what evidence you have to support that $3,000 claim. And if all you have is a book value for the truck at $1500 and $100 worth of rental car receipts, all you're going to get is $1600. Just because the other party doesn't show up doesn't mean you get everything you're suing for, with no proof at all.
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wrote:

Oh. So you think it is reasonable to limit everything to what you've seen...?

You seem to labor under the false impression that a claim cannot be settled until every cent of loss is documented. It is not so. -----
- gpsman
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I had a similar experience. My 4x4 was parked on my driveway when a truck came down the drive (after hitting another on the highway). It smashed up my 4x4 and my garage. I had a bad insurance deal on the 4x4 but I got a new garage.
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HeyBub wrote:

Why would you think that? The vehicle is worth around $2000 FMV so it is cheaper for them to pay to fix than to total it.
--

dadiOH
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dadi,
I think that HB hasn't done his homework. As you point out his guesstimate of the value of his vehicle seems very inaccurate. This leads me to wonder if his guesstimate of repair cost is also off. Posting for advice while spouting meaningless figures will lead to bad advice. He needs to get the "blue book" value. There are web-sites that do this. He needs to get some repair estimates. There are repair shops that will gladly do this.
Dave M.
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On Tue, 5 Mar 2013 11:05:23 -0500, "David L. Martel"

clapped out and beaten to death POS that really is NOT worth fixing, and he's hoping to come out ahead. Just the hassle of having to buy a "new" vehicle, to some people, is worth $500 or more - so the clapped out POS could be worth more to him than the truck is really worth.
Not terribly likely scenario, but quite possible.
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On Tue, 05 Mar 2013 13:18:57 -0500, snipped-for-privacy@snyder.on.ca wrote:

Happens all the time. I had a '67 Skylark, knew it up and down, and it was the best tracking car I ever had. Body wasn't perfect, big deal, that's why I got it for $500. Drove it a couple years. Kid hit it while it was in front a house we were partying in on New Year's Eve. Had to chase him to his house because he took off. His dad took care of the insurance. I got book, $600. Wasn't happy about that at all. Paid $1400 for a '74 Dart, cheapest decent car I could find quick, but it wasn't half the car as the Buick.
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On Tue, 05 Mar 2013 14:15:49 -0600, Vic Smith

Had a real nice 1981 Corolla wagon.Catalytic converter overheated and burned the floor mat, console/shifter, and corner of the passenger's seat. The Insurance company wanted to write it off and give me $2000. I said nope, but give me the car and $2000 and we'll call it square. After a couple of hours they said "ok" and gave me a cheque. I paid about $300 for used shifter/console and used carpet (right side only - the left side of the one in the wreckers was damaged) and I put the rest into the "car replacement fund" and drove the corolla another 3 years.
Mother-in-law had a little Mustang coupe - california car with a baked paint job. Her son had bent the rear fender, and they had not gotten around to having the insurance repair it when the wiring harness for the air conditioning (california installed aftermarket) went up in smoke - found out it was because the second cooling fan motor had shorted - and the insurance company wanted to write it off because they didn't want to get caught having to replace a whole wiring harness. They said the car was in rough condition - bad paint and body damage, so they were only going to give her $1500 for it.
I told them they were already on the hook for the body repairs, and it was otherwize in good shape with low mileage etc - I said I thought the car was worth $3200 to replace, and a paint job was under $1000, so the car should be worth $2200. They offered $2200 and the car - I drove it home from Windsor to Waterloo, rewired the AC, replaced the fan motor, fixed the bent rear quarter and repainted it and had over $300 left over when it was finished.
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In 1980 I was driving a ’66 lay-down Rambler. An Ambassador 990. I was a broke college grad and about to move out of town for a job. To me, the car was priceless.
A few weeks before i was leaving town, a repair shop was doing some work on the front end, broke a part and couldn't find a replacement that was in any better shape. One day I stopped by to get an update and they told me the car had been stolen. When I reminded them that it wasn't drivable, they just shrugged and said "Yeah, it's pretty strange."
Two days later the police called and told me the car was about a mile from the shop and that the front end was all smashed up. I could be wrong, but it looked to me like someone had backed a tow truck into it. I even checked the repair shop's truck to see if it had green paint on it. No such luck. I had my suspicions but I couldn't prove anything.
Anyway, the Ins Co deemed it totaled and gave me $600. They could care less what I thought the car was worth or what my situation was. What was I going to do with $600 and no car? I ended up putting the money towards a rental, drove to my new town and rode a bicycle for a few months while I saved up for another car.
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DerbyDad03 wrote:

My case was a bit different as I more or less set the value of the car.
It was (is) a 1973 Fiat 124 Spyder, bought new in Honolulu. I live in Florida now and in 2000 the wife and I were driving down the middle lane of a divided highway when a guy pulls out to cross the road. Fine and good but he stopped in the middle of my lane. I couldn't change lanes, cars in both, so I did what I had to do...I hit him.
I had been doing about 50, managed to slow to maybe 30 and veered a bit to the left so I would hit ahead of the driver door where I was aimed. It bent in his wheel well, pull it out and he was good. However, the Fiat front end was pretty shot.
I don't recall what State Farm wanted to give me - they wanted to total it - but it wasn't enough so I found a duplicate car on eBay listed at $4500 for "buy it now". That's what they gave me: $4500. Plus the car. I bought a California car for $900, shipped it to Florida for $600. The CA car was a 1974 - a year newer - and the engine and transmission were less than great but the body was excellent and were the same as mine except for the bumper and I had a spare of that.
We drove both cars to a body shop and they took the front clip - radiator, both fenders, hood, gril, etc. - from the CA car and put them on mine. Charged $3,000. That shot the $4500 insurance money exactly.
The parts car is sitting "out back" under some oak trees, busily rotting away. My Fiat is sittng in the garage. It needs an alignment but other than that it is pristine. I drove it home from the body shop but not since. Why? Because the body shop tool a year - a YEAR! - to do their thing and in the interim we had purchased another car. We really have no need for two cars and I really should sell it (they sell now for $5500 - $18,000, mine is maybe a 9-10K car) but I keep it for auld lang syne...that was the car of my best days and we have been through a lot...I've driven it on unguarded gravel roads in mountains with sheer cliffs...down stream beds...all over Mexico; I've suffered through multiple damages caused to it over may years by inept mechanics; I drove it every day for 27 years. I kinda miss it.
--

dadiOH
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[snip of interesting tale]
Nice story, but you overdid it here:

I call bullshit. A FIAT??? Every day for 27 years? No way in the world.
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On Wed, 6 Mar 2013 13:35:28 +0000 (UTC), Doug Miller

not saying it ALWAYS got him where he was going!!!. But the 124 WAS one of the better Fiats, if you don't consider the rust problem. The spider was a nice car - about on par with an MGB (I know, that's not saying much) The early 124 coupe was a nice car too.
Like British cars the secret was to open the bonnet and fondle it's nuts at least weekly.
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Doug Miller wrote:

Yes, every day from summer 1973 to whenever the accident was in 2000. Why would you think otherwise?
Drove it to/from my business, shopping, pleasure. When we left Hawaii for Mexico in 1991 it had 80,000 miles on it. During the next two years we made several trips form Veracruz to the US as well as within Mexico. I don't recall the mileage when we left Mexico in 1993 but in 2000 it had (and has) 160,000 miles, engine was rebuilt at 130,000 miles.
--

dadiOH
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Because it's a FIAT -- obviously.
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wrote:

I had a 1976 Fiat 124 Spyder. Based on my experiences with that, which I only had for maybe 5 years, I agree with your skepticism. It was a beautiful Pininfarina design, fun to drive but it was also the most unreliable bucket of bolts I've ever encountered. For one thing, you could pretty much rely on having to replace the brake calipers after each winter. And then there was the clutch cable that broke twice, once in a parking garage in NYC. That was special.... And the fuel pump. And the master cylinder. And then it blew a head gasket at 60K miles. When they took the head off the valves needed to be done. They asked me if I had changed the oil regularly, which of course I had..... Soon after that I got rid of it before even worse could happen.....
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Beautiful car, loads of fun to drive, when it was running, but the most poorly engineered piece of crap I've ever owned (although the 1967 Ford Econoline van is a close second). What genius had the brilliant idea of putting carbon steel bleeder valves into aluminum alloy calipers? Almost guarantees you're going to shear the valve off when you try to bleed the brakes. Fuel pump? Oh, yeah. Mine was already on the second fuel pump when I bought it (at only 43K miles), and of course I had to replace that after a year or so. Changing the oil was an adventure: the top of the filter was less than 1/2" from the firewall -- not enough room to slide a band wrench around it -- but that didn't matter anyway, as the diameter of the filter was about an inch larger than any band wrench known to man or beast. And the drain plug? Every other vehicle I've ever seen has a hex head drain plug. Not the X-1/9. Oh, no. That uses a hex *socket*. A honkin' big hex socket. A *12mm* hex socket. Figured if any place in the world would have a 12mm Allen wrench, it would be Sears. Went there. Sure enough, they have one. And it's labelled "Fiat oil wrench". And you know those air scoops on the sides of the X-1/9, just ahead of the rear wheels? I always assumed they were just decorative... until the first time I got caught in a traffic jam. Oh, no, those aren't decorative. The radiator won't remove heat from the engine fast enough to prevent overheating all by itself, if you don't have the airflow from those scoops being ducted over the engine. Yes, I'm all too familiar with the woes of owning a Fiat, which is why I don't believe for a minute that anybody drove one daily "for 27 years" or got anywhere near the mileage claimed, either.
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Doug Miller wrote:

<snip>

First of all, mine was a 124, not an X-1/9.
Secondly, I did indeed drive it daily for 27 years. How the fuck you think I got around? It was the only car we owned.
Thirdly, I never mentioned mileage although it did pretty well...35 mpg on the road and - IIRC - a bit less than 30 in town. High 20s maybe. Or did you mean the miles ON the car? I have no idea why you would dispute that, 160,000 mile in 27 years isn't exactly a bunch and about half of that was in the last 9 years.
Fourthly, you are welcome to come look for yourself, it's sitting in the garage.
--

dadiOH
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