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Crashed Car Question

Discussion in 'General' started by rd400racer, Jun 8, 2020.

  1. Sweatypants

    Sweatypants I am so smart! S-M-R-T... I mean S-M-A-R-T!

    depending on your state, there's sometimes rules about "being reasonable in trying to mitigate expenses". be careful there. i had that same shit with my rental because i got creamed on a sunday evening, nothing was open except BWI airport. so that car rental even for a piece of trash econobox was expensive as fuck. they wanted to swap it out with me for a cheaper one and wanted me to take off work from DC and all types of shit to bring it to them. i had to get real dickish to make them arrange to do a swap with me from another rental office so that i was burning less of their money. they DID threaten me with causing unreasonable costs, to which i said fuck you, your client caused me unreasonable headaches. but still eventually i swapped. you can't just go rent a Ferrari and then throw them a bill and shit or drag it out to unreasonableness. just be careful is all i'm sayin.
     
  2. gixxerboy55

    gixxerboy55 Well-Known Member

    Take the money
     
  3. SuddenBraking

    SuddenBraking The Iron Price

    Shit happens, dude. If she found a good deal on a car before, she can take the $8K and try to go do it again. If the $8K is comparable for the used market for the model and year of her car, the insurance company is being totally reasonable (IMO). Same reason "new car replacement" insurance exists. No one cares what you paid for it - they care what it's worth.

    What he said. It's not the insurance company's fault that your daughter had the nicest and purtiest and most beautifulest used Lexus in the whole land.
     
  4. sharkattack

    sharkattack Rescued pets over people. All day, every day

    This. 100%. My Honda Pilot Touring is in PERFECT shape, but it has 185,000 miles on it. If it's ever involved in an accident, it'll get totaled and I won't be able to replace it for what I get.
     
    evakat likes this.
  5. Mongo

    Mongo Administrator

    No - but that is a moot point. It is their clients fault she no longer has the nicest and purtiest and most beautifulest used Lexus is the whole land. It is their responsibility to put what their client did back whole. It is not her responsibility to save them money or trouble. It is not her responsibility to have a lesser vehicle than she did prior to their client hitting it. The onus is all on them.
     
  6. SteveThompson

    SteveThompson Banned by amafan

    I went through this when a cement mixer ran over my Excursion (story for another day). In the end I had to make peace with what the insurance company did. I could have made them do everything perfectly, but at what cost in emotional energy and time lost? If you are fussing about a few thousand dollars here, I'd just move on with my life.
     
    SuddenBraking likes this.
  7. Mongo

    Mongo Administrator

    That is why you find a good lawyer. They handle all the bullshit and make their money for doing so. You should not be out anything including time and energy for someone else fucking up. That is why we all pay the insurance company, to make good when we screw up.
     
    dobr24, nd4spd, VFR#52 and 1 other person like this.
  8. brex

    brex Well-Known Member

    I'd think the dealership could find her a 10 year old 100K+ mile IS250 for under $8K without even trying.
     
    Bloodhound likes this.
  9. BSA43

    BSA43 Well-Known Member

    No one has mentioned a yeller Ferrari yet?
     
  10. rd400racer

    rd400racer Well-Known Member

  11. Boman Forklift

    Boman Forklift Well-Known Member

    Nice loaner!!!! Too bad it isn't a stick, although I don't even know if Porsche makes the RS in stick any longer?
     
  12. Mechdziner714

    Mechdziner714 More Gas Less Brakes

    Even the cheapest rental available will motivate them to settle ASAP, it adds up quickly.
     
    Sweatypants likes this.
  13. Sabre699

    Sabre699 Wait...hold my beer.

    Does she only get the tach?
     
    speedluvn and rd400racer like this.
  14. joec

    joec brace yourself

    Gee.... Think about all those people you hit, and she hit, who had to get thier shit fixed or replaced through no fault of THEIR own.
     
    badmoon692008 and SuddenBraking like this.
  15. SuddenBraking

    SuddenBraking The Iron Price

    No. It is their responsibility to reimburse her for the cost of her vehicle - that is the implicit social contract whereby every driver is required to have liability insurance on their vehicle. Just like 80% of the population thinks they're above average drivers, it's a similar number who thinks their car is special and blue book is really undervaluing what their special little snowflake car was worth.

    If shit happens to you, it's not the insurance company's job to give you over market value for your shitbox. People thinking it is contributes to why we're the most litigious society the world has ever seen. How about "ugh, an accident happened but I'm healthy and the insurance company is quickly giving me replacement value for my car" vs "I wonder how much me and some scumbag ambulance chaser can finagle out of the insurance company and cost EVERY OTHER CUSTOMER MORE MONEY BECAUSE OF IT". This is why we spend hundreds of billions a year on lawyers and all of our insurance rates are way too high (there's also executive comp and other things that get real dungeon-y real fast, but for simplicity's sake we'll chalk it up to frivolous claims).
     
  16. VFR#52

    VFR#52 Well-Known Member

    Ok just remember this and you can decide how to deal with insurance company.
    There was absolutely nothing wrong with your daughter's car before their client ran into it.
    Why should your daughter be out anything when she didn't have a hand in any of this.
    I'd tell insurance company to replace it with a vehicle like she had with similar miles and shape.
    That makes them realize what she had has more value than they are willing to give.
    Also remind them that you are not friends and there is no need to give the insurance company a break or the person who hit her.
    Tell them what you want exactly and that this is not a negotiation but a demand.
    Then tell them that next person to contact them will be a lawyer.
    Me personally I'd record all contact with them on phone or emails.
    They will strong arm you if you let them.
    Glad your daughter is ok also.
    But your are correct and should not take what you're given.
    It's not their property to dictate what you should value it or what you should do with it.
    Wish you all the best and hope your daughter doesn't have any long term problems with wreck.

    Steven
     
  17. joec

    joec brace yourself

    I had a friend who drove and loved his ancient Honda crx. The insurance company have him like 1500 bucks for it. KBB. So he went out and actually found one just like it for 1500 from a used car dealer. He took it home and started tearing into it with a mechanic friend. They took it back to the used car dealer within the 30 day warranty period (state law or some such) with a list of like 5k in work it needed.. He was basically told to fuck off. He worked on it for about a year before taking it in at the time for an element. Haha
     
  18. skidooboy

    skidooboy supermotojunkie

    they wont pay for replacement value so, unfortunately you need to get as much as you can. settle the car, and the injuries SEPARATELY! Run your own value, comps with an internet search so, you know what is fair. if you dont have figures to rebut your request for more than the offering of the insurance provider, you are basically pissing up a rope. they wont go with "because this is what we think it is worth". also, if you have done any recent maintenance, or upgrades, updates (services, tires, stereo, ceramic coating, rust proofing etc...) provide those and the receipts to the provider, it may add value.

    and finally, if you decide to bluff them with "ima get me a lawya" be prepared to NEVER TALK TO THEM AGAIN, they can and will say, ok... have your lawyer call us, we can no longer speak with you on this issue. buh bye

    good luck you you and her. sorry you are dealing with this. Ski
     
    Bloodhound, evakat and rd400racer like this.
  19. kenessex

    kenessex unregistered user

    I believe you are incredibly wrong in your assessment. The insurance company is offering the least amount they can to minimize their payout. There is a big difference between offering KBB value for an average car of that age, make and model versus making the aggrieved party whole by giving enough money to purchase a car of equal condition if it was above average. It is also the insurance companies obligation to make the victim of their clients action whole with regard to any out of pocket costs regarding medical costs, lost wages and pain and suffering.

    Do you work for an insurance company or are you heavily invested in one? Otherwise, I have a hard time understanding your defense of them and their need to generate profit at the expense of victims of their clients action. Weren't you a bit derogatory by calling the victims car a "special snowflake" or "shitbox"? Perhaps you have insider knowledge about the girl's car and what shape it was in, since I doubt that a KBB $8k car is a shitbox.

    I don't think your reality meshes very well with mine.
     
    scottn and VFR#52 like this.
  20. SLLaffoon

    SLLaffoon Well-Known Member

    I'd pretty scared to have something like an E30. NADA on those is <$4k. The actual market is a bit different... https://bringatrailer.com/bmw/e30/ There aren't any IS250s on BAT though...
     

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