Insurance - Total Loss negotiation

[Car-Guy]

Well you could wear a neck brace to the next meeting with the insurance company.


Seriously, I'd tell them what you want (that you feel is reasonable) add 5 to 10% for negotiating room, and stick to it.

 

[Stormy Kromer]

Tell them you are hurting and ask about their client's Bodily Injury Liability Limits....

By the way, they owe you for loss of use under the Property Damage limits that pay you for the damage to your car.

 

[freedomatlast]

I was in a similar situation years ago. I didn't involve my insurance company at all. I dealt straight with the other guy's insurance company since there was no dispute that he was 100% at fault. I let them know that I was in no hurry to settle and that every day that went by, I was starting to feel more pain in my neck and back and was planning on making a doctor's appointment to see what they would find. They finally stepped up to the plate and paid what I was asking for after about a week of negotiation and escalation up through their organization. Make sure the amount agreed upon includes sales tax, registration, dealer fees etc. They even paid extra for the full tank of gas that was in it after producing a receipt of the fill-up earlier that day. If you can find a comp. that you want, send them the ad. I thoroughly enjoyed the whole negotiation process I ended up with a newer vehicle with lower miles and more options with the final settlement amount. Of course, that was during the days when it was easier to negotiate and there was a glut of vehicles for sale.

 

[Jerry1]

Try dealing with this when your car is stolen. I had no way to prove the condition of the car or the mileage. It was a Buick Grand National. Not a “classic” car, but definitely one I didn’t drive much and kept in great condition. I held out for as much as I could get, but at some point you have to move on. As has been said, a lawyer will take more than the amount you’re trying to get and other things like small claims court suck your time and do not guarantee the outcome you desire.

A couple things you might try are finding the exact car you want to replace it with and see if they will buy it (as in give you the exact amount that you actually purchase it for). Another thing to try is moving up the food chain. They’ll always start with the lowest level employee and use their “process” to try to resolve claims. Ask to talk to the manager/boss . . . and then the VP . . . The lower level employee doesn’t want things escalated. Maybe this will get him/her to split the difference and you get $500 more than the current offer.

Unfortunately, at some point you just have to accept that the accident caused you to have a loss and you will need to move on. Thankfully, the other guy had insurance and you’re not out the entire amount. There comes a time when you need to just wrap it up and move on. Good luck.

 

[CRLLS]

I have two things to add to this conversation. 1) you should ask for higher than the cost of a similar car. There are taxes and registration fees involved. Be sure that whatever the final number agreed on includes these fees. In years past I have had them add some small amount for the "inconvenience" factor. Car rentals while the car is out of service and before you get the replacement. There is time spent in registering the replacement. These are real costs incurred by you. The insurance company should make you whole. 2) If you can't come to a real agreement, ask the insurance company to find a like-car, have them buy it for you. I have used that in negotiations. Of course, they never will do that. 3) I know I said only had 2 things, ha! Used car prices are dropping now. The longer they wait, the lower their costs will be. Make sure their numbers reflect the value at the time of the accident.

Take this from someone who has been hit from behind too many times.

 

[Fermion]

Honestly, if they are treating you like this, I would talk to an injury lawyer and see if they would take the case and sue for medical injuries and pain and suffering. Maybe your neck is hurting a bit more than you think it is right now.

If the insurance company plays hardball, you should too.

 

[ncbill]

Thanks for the great responses! To answer some of the questions:

-My insurance company is taking a look at the proposal to see if they feel there is low-balling going on

-value of the car is $14K based on my research. So $1K would be ~7% of the value. Personally, I shouldn’t have to pay a nickel of my own money since the accident was not my fault. I’m already spending $$$$ in the form of my time dealing with this

-my car has low mileage, so comps are hard to find anywhere, much less my area. The few I’ve seen that are lesser cars (in my opinion) with the same mileage are close to my estimate

-salvage value is $3K. Car is still drivable, but frame is bent. Still driving it (sparingly)

-they did offer the taxes/fees on top of the valuation, so that is good

-injuries are minor, med bills are minor/modest, med. adjuster has been mostly fine, so I don’t foresee an issue there

Take the $13k and offer to buy back the vehicle for $2k instead?

Then take it to an independent body shop to see if a frame repair would be worth it.

 

[Midpack]

Seriously, I'd tell them what you want (that you feel is reasonable) add 5 to 10% for negotiating room, and stick to it.

Or what?

 

[Midpack]

Honestly, if they are treating you like this, I would talk to an injury lawyer and see if they would take the case and sue for medical injuries and pain and suffering. Maybe your neck is hurting a bit more than you think it is right now.

If the insurance company plays hardball, you should too.

You’re joking I’m sure…

 

[NameTaken2]

Thanks for the great responses! To answer some of the questions:

-My insurance company is taking a look at the proposal to see if they feel there is low-balling going on

-injuries are minor, med bills are minor/modest, med. adjuster has been mostly fine, so I don’t foresee an issue there

A rear-end collision that totaled your car must have been a fairly significant impact.

You did not describe your personal injuries -a "minor" neck/back injury can become worse and even chronic. Based on my own experience, you have 3yrs to file/settle a personal injury claim. The insurance company wants to close the claim ASAP, but no reason you have to. We settled nearly a year after the accident.

Soon after the accident, the adjuster called us and wanted to record a conversation about the accident, which we agreed to. We didn't lawyer-up till later, and the lawyer said the taped call should never be agreed to and intended to be used against you.

A relative on a motorcycle had a car pull out in front of them and got banged-up a little but "OK". They received a mailed check for $2K from the insurance co. They accepted that without negotiation, since happy/surprised to see the offer. Maybe they could have got more. Sharing that b/c although you say your injuries are no big deal and apparently not filing a personal injury claim, the insurance co. may send you an offer for settlement to avoid potential for a future claim.

Maybe you'll get a similar check from the insurance co. to sign off your future right to make a personal injury claim -that would help make you whole regarding the lowball for your car.

 

[Texas Proud]

Reading PB4 above he has the same story as what I have said earlier... they discount 8 to 10% all the time... they will not move at all...


Your choices are simple...


Take the offer and move on...


Take the offer less salvage value and get the car fixed how you want... but make sure that your shop can fix it for less than the check... I am 1 of 2 on being able to do so, and the one that I could not get was the one I wanted!!!


Hire a lawyer and pay money that you might or might not get back....


For the amount of money you are talking about you need a lawyer... when I was looking for reduction in value money they had already paid to get the car fixed so it was a $3,000 discussion where I could go to small claims... you cannot accept their check and then go to small claims for the difference so small claims is not an option...


So, chose one of the three...

 

[Fermion]

You’re joking I’m sure…

Not really. An accident serious enough to completely total a car likely caused physical harm that might not be readily apparent right now.

 

[Skyward1]

If you haven't already, get a copy of their valuation report and make sure all the options and trim level are correct. Their report should also list any deductions for wear/tear, condition and any prior damage. Also, you will be able to see if the comps they used are legitimate.



Send them copies of the comps you feel are more representative of your vehicle and have them explain why their comps are more accurate than yours.

 

[youbet]

what are my options.

Don't forget that the bottom line of your beef is with the driver of the other car. His insurance company is there to provide defense and pay damages within the specifics of his policy.

Were tickets issued? Has the court date passed and did you go to court and testify against the driver of the other car? Generally, the judge will ask you if you have been compensated to your satisfaction and take that into consideration in his ruling regarding the driver's tickets. In a case I was involved in years ago, when DW stated she had not been compensated, the judge delayed ruling and suggested the driver of the car that rear ended DW pay or get his insurance company to pay.

This was in Cook County, Illinois where the law and justice have a unique interpretation apart from anyplace else in the universe, so YMMV.

 

[Uncle]

Thanks all for your thoughts and advice. I was able to get the insurance company to come up in the valuation of the car to a point where it wasn't worth fighting anymore. I do think it helped being persistent but respectful.


The market inventory of the used car I was looking for was pretty thin, which made the negotiation difficult. I did find (and buy) a decent replacement car; all things considered I feel like I'll be breaking even. Feels good to be done with all of it.


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