# Car is totaled (most likely) what are my rights?



## dschrier (May 6, 2002)

I posted this in the b11-b12 forum already, so sorry to those who already read it. 6/9/03 my car was hit by the town recycling truck while it was parked in my yard, completely off the road and everything. The driver of the truck admits it was his fault completely. He said the truck didn't break when he saw the car as he turned the corner (my house is on the corner) which means he was more than likely going too fast. He left huge skid marks in the road. The rear right tail light was smashed, the corner bent in, paint scraped, and the trunk scraped. Since my 90 sentra is only worth $1950 according to KBB their insurance company will probably get the same figure. A very good auto repair shop in my area quoted the damages at $3000 so my car is totalled. Since I NEED this car I will keep it, but I will only get around $1500 from their insurance company most likely after they deduct salvage costs. Are there any other legal options I can take to make their insurance company pay the difference, or even the recycling company themselves since I absolutely have to have this car and it would be impossible for me to afford a car just like it with the $1500 they give me, or am I stuck with a car I might have to just drive until I can afford to pay the repair differences myself. Thanks guys


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## Winterz (Jun 3, 2003)

Ok, don't quote me as to the "letter of the law" as I don't know where you live and this varies from state to state. Some states are "no fault" states, I think it's called, where the truck can hit a parked car and your insurance still has to pay half. Hope for you it's not.

ANY time a moving vehicle hits a legally parked car, it's the driver's fault. Except in the above "no fault" state.
Hopefully you called the cops, had them to the scene, and they filed a report. If you failed to call the cops, you're probably forked, and I hope you learned a lesson. 

I believe the wording of most state insurance laws in essence says that the insurance company must put you back into the same shape you were prior to the accident. In other words, you should be back in your car or a car very much like it and on the road. If they cannot find you a near-exact replacement, then they should have your car repaired. If it's the truck company's insurance that's paying, then they are even more likely to be put in a bad spot.

The argument on YOUR behalf is: You should be in precisely the same shape after the accident as you were before.

Make sure you demonstrate reciepts as to ANY performance or other modifications made to your car. All reciepts can be added to the gross value of your vehicle. Was your vehicle rust and dent free? Was your vehicle lower in mileage? Was your vehicle in very good condition for its age? All of these things add to your vehicle value. Don't be a sucker and take what they offer first, if it's not satisfactory to you. 

What you need to do is figure out how much cash you've got invested in your vehicle, and figure out "replacement cost" by shopping for the same year/make/model/options that you had. Find an example of your car at a dealership, get the price, and don't haggle the guy down at all. Find three such cars and their prices at dealers. You'll probably end up with some decent numbers to show the insurance company. 

If your reciepts bear out a bigger number than your car shopping does, add it up and use THAT as your baseline. If you don't have a reciept for your recent brake job or tires or valve cover, look back to your checks or bank statement, or do your best to "estimate" what the expenses were.

Be sure to tell the adjuster something like:

"Listen, I'm not here to make money, I just want my car back in it's original condition, or I want it replaced with a same-condition car. That's all I want, and I think we can make that happen without getting lawyers involved."

It's a very nice way of saying you'll get a lawyer involved if they don't make it right. You DO NOT want to get a lawyer, it will end up costing you 1/3 of your settlement, but you want to use it as a gentle threat. Insurance companies hate lawyer involvment in claims.

Finally, did you miss ANY work or engagements surrounding your loss of vehicle? Document all of this, as well as ALL of the time you spend on this process. The insurance company WILL reimburse any lost wages, will also probably pay for a rental car, and any damage done to your yard, etc. 

They may not, but SHOULD reimburse you for all the time you spend trying to make this happen. You can keep track of it, and then bill it to them at your current salary rate from work. It's not fair that you should donate your time to a process that's not your fault. They probably won't go for it, but sometimes they do.

The key here is fairness. Don't try to take advantage of them, or make outrageous claims. Don't expect a new v-spec as your replacement vehicle. DO expect to have your car replaced or repaired in a fair manner. Replacement, in your case, is probably your best bet.

Good Luck!

-W


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## dschrier (May 6, 2002)

Thanks for the information. I am in NH and the town recycling insurance company is taking care of everything. They said to send them the estimate, but if it were over a certain amount they would need to send someone out to the house to look at the car. For its age the car is in superb condition, but even still the car isn't valued at much, but everything in the car is practically new. My parents didn't call the cops when it happened, and I know most of the time cops around here don't come to an accident scene unless the damage is substantial. I did take pictures of the car and even took pictures of it a week before the accident to post here online. I hope I don't end up getting screwed, but so far they seem to doing everything fairly. I'm just worried that they will refuse to pay the entire $3000 since that is worth almost double the car's value.


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## bahearn (Jul 15, 2002)

You have the right to remain silent. You have the right to an attorney during questioning. Anything you say can and will be used against you in a court of law.

You have the right to own property. You have the right to speak freely so long as you don't practice libel or slander. You have the right to assemble peaceably(?). You have the right to bear children. You have the right to vote as long as you have no felony convictions. You have the right to build a hideously ugly rice machine. You have the right to...ah, you get the picture.


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## nizmo559 (Mar 4, 2003)

I know im a little late on this one but that recycle truck should pay for the whole amount to fix the car if they want to argue that you should file a claim with your own Ins and they will fight the other company for damages owed, your Ins will warn you on what is the better thing to do.Had a similar situation and ended up making $900 bucks plus my totaled car value.


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## dschrier (May 6, 2002)

Will my insurance costs go up if I contact my insurance company? We sent the estimate to their insurance company, $3000, haven't heard from them yet. Waiting to hear how much they are willing to pay once they get the estimate. They told us earlier to get an estimate at any place of our choice, and if it was over a certain value they would have to send someone to look at the car, probably to adjust their value of the car and to see if the car is worth fixing I guess. I hate these waiting games, just graduated from college and am trying to get a job, same thing, wait wait wait. No wonder this world is so inefficient!


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## himilefrontier (Jan 21, 2003)

Your insurance SHOULDN'T go up since there is no way that it was your fault.Even still, I wouldn't contact them abut this since it is something that doesn't concern them and it may give them an excuse to raise your rates.Plus, you should be able to get them to pay $3,000 since it would be more expensive to fight you in court than to pay up.$1,000 in attorney and court fees adds up quickly and they could still loose the case and be out more than $3,000.If you annoy them enough they will likely pay up just to shut you up.


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## dschrier (May 6, 2002)

Sorry if this is double posting, but I created this in a new topic to get more feedback
The insurance appraiser for the company responsible for hitting my car is coming to look at it. Since the damage is estimated at $3000 and it's only a 90 sentra obviously its totaled. Is there anything I can do to my car, such as cleaning it, washing it, etc to have the appraiser increase the value of it? I've also heard that showing the appraiser all of my receipts for all the work done on my car will help make them increase the actual value of my car. Also, since I have subwoofers and a whole aftermarket stereo in my car, will this hurt me or help me, or will it not even be considered in the value of the car. Any other advice guys? Thanks.


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## Fonque (May 1, 2002)

If you were not in the car, the insurance company cannot legally increase your premium.


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