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.
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.
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.
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.
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.
On Tue, 5 Mar 2013 11:05:23 -0500, "David L. Martel"
His estimate of the value MAY be pretty close. It may be a badly
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.
On Tue, 05 Mar 2013 13:18:57 -0500, firstname.lastname@example.org 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.
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
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.
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
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.
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.
On Wed, 6 Mar 2013 13:35:28 +0000 (UTC), Doug Miller
Totally possible to drive it every day, if he fixes it at night. And
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.
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.
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.....
I'm all too familiar with such a litany of problems. I had a 1978 X-1/9.
Beautiful car, loads of
fun to drive, when it was running, but the most poorly engineered piece of crap
owned (although the 1967 Ford Econoline van is a close second). What genius had
brilliant idea of putting carbon steel bleeder valves into aluminum alloy
guarantees you're going to shear the valve off when you try to bleed the brakes.
pump? Oh, yeah. Mine was already on the second fuel pump when I bought it (at
miles), and of course I had to replace that after a year or so. Changing the oil
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
about an inch larger than any band wrench known to man or beast. And the drain
Every other vehicle I've ever seen has a hex head drain plug. Not the X-1/9. Oh,
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
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
decorative... until the first time I got caught in a traffic jam. Oh, no, those
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,
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
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