Car accident -- fighting w/ insurance

[NYEmomma]

I was in a car accident on Saturday... just 6 houses down my street! A guy ran a stop sign and by the time I saw him (with the house on the corner, you can't see too far), I couldn't stop and we plowed right into him.

My car is totaled. The other driver has claimed full responsibility, which I'm thankful for because it makes this process easier. And thank god DH & DD are ok.

I've been looking online for an identical make/model/year to replace my 07 Santa Fe because I liked the car (and it did a good job keeping us safe in the accident!) and everything is between $14k-$16k. That seemed reasonable to me because I paid right within that range for my car last year.

We get the email today about the assessed value that we'll be compensated by insurance & they're trying to tell us that comparable cars in our area are selling for $13k. That's just not true! They sent me the list of cars for sale that they used, and I called the dealer referenced on every single example and not only do they NOT have those cars for sale right now, they can't find any record of ever having them for sale. And they told me they'd never list a car like that for that kind of price.

I just don't know what to do. I am furious. There's no way we'll be able to afford a comparable car with the money they're trying to give us (we owe quite a bit on it since we purchased it just a year ago). I shouldn't have to suffer monetarily because of an accident that was not my fault.

Does anyone know if there's ANYTHING at all I can do? Do I have any recourse? I left a message with the adjuster this afternoon, asking him for an explanation of their findings since they're not representative of the cars that are currently on the market. Haven't heard back from him.

They're fighting on the value of DD's car seat & refusing to reimburse me for the aftermarket stereo in the car as well.

This is my first accident so I'm really a fish out of water right now.

 

[marie1203]

Something similar happen to me. A tree felt on top of a car and total my car. They tried to give me less money saying the interior was not in good shape! Of course it was not in good shape when they got here the windows were all smashed up and there was branches and rain all night. Thankfully I had pictures so that were taken a week before the accident. I send those to them and they couldn't argue anymore. So if you got prove then they should be able to give you the fair price.

 

[clh2]

Glad to hear everyone is OK.

Is it safe to assume the insurance company you are dealing with is the other driver's insurance co? If that is the case - i would work with YOUR insurance company to "do the dirty work" with his insurance company. Including the car seat.

 

[Sadie22]

Get true comparables in writing for all of the items and provide them to the other person's insurance adjuster in a businesslike manner. If they need to be faxed, do that. If they need to be mailed, do that. Keep copies of everything. Fighting with him or her or rudeness will get you nowhere. Unfortunately these things may take some time. The adjuster or claims agent is likely overworked and this may not move as quickly as you would hope.

 

[Cheshire Figment]

Are you dealing with your insurance company or the other driver's? I would suggest that you work with your company as they will then collect from the other company. They are getting paid by you and want to keep you as a customer.

 

[MELISAZACK]

Keep in mind INsurance comp. don't use what dealers or lots are using to sell cars there is a mark up vaule there - you get the Nada value of a clean car or book vaule which is ALWAYS less than what the are selling.
Make sure they have all the extras your car has too no it.. sun roof cd player ect... you will never get what they car is being sold for though..
depreciation is included as well and wear and tear on your tires...
since I work in the industry it is easier for me to "drink the koolaid" on this and grasp the understanding.. but I know it doesn't seem fair.

 

[bear_mom]

I have totalled two cars - actually I should say other people have totalled two of my cars, neither accident was I any way at fault (stopped at a stop light both times).

One insurance company I had to fight and aruge with and they still ended up giving me less than I could buy a replacement car for.

The second time was great, they gave us exactly what the local dealership was selling a similiar car for. Very easy, much better.

Emily

 

[NYEmomma]

Thank you all for your advice! We are working with (and I'm referencing to) the at-fault driver's insurance company. DH called our insurance yesterday and they said that they'd go and get the car & do their own assessment. If it's more accurate than the other driver's insurance assessment, we can take that and they'll go after the other insurance co. to be reimbursed. The only downside of that is that it'll take longer to do, naturally, and the other insurance co. will only let us have a rental car through Friday. So as of this weekend, I won't have a car at all.

So I figured if it was POSSIBLE to go back to the other insurance company and have a fair assessment giving, it would probably be quicker to do that. I don't want extra money... I just want to be given a fair value so that I can replace my car with an identical copy and not be out any money.

I do have print-outs of current cars for sale in our area (using the same 75 mile radius the insurance co claimed they used) and since I'm in the market for a car, I'm sure I can get some friendly car dealers to help me out and provide something in writing themselves (I'd be MUCH more likely to purchase a car from them since they're so very helpful ).

Keep in mind INsurance comp. don't use what dealers or lots are using to sell cars there is a mark up vaule there - you get the Nada value of a clean car or book vaule which is ALWAYS less than what the are selling.
Make sure they have all the extras your car has too no it.. sun roof cd player ect... you will never get what they car is being sold for though..
depreciation is included as well and wear and tear on your tires...
since I work in the industry it is easier for me to "drink the koolaid" on this and grasp the understanding.. but I know it doesn't seem fair.

See -- if they did that, I could understand and accept that. I mean, the book value is what it is. I can't dispute it, even if I may not like the number. But the insurance company said point blank -- "we don't do that". They said they find 5 cars for sale in our area (75 mile radius) that are comparable to mine and take the average value. I thought that was more than fair at the time because I had seen the avg value of identical cars for sale in my area.

And that's what they provided me with their assessment. The list of 5 cars they used... description, miles, dealer, etc. They even adjusted the price for miles (either raised or lowered it to match my mileage) and for the assumed price that we could negotiate down (they subtracted $750 from each value).

That all seemed more than fair too.

Except that the cars they listed don't exist. Any simple search of cars.com & autotrader.com (which they said they used) shows average prices are nearly $2000 more than what they're trying to tell me.

BTW -- with the NADA Guides... I've looked at their website. Do you happen to know which value they'd use (if they do use it at all) to determine the worth of my car? Is it the "Clean resale value" or something else?

Thanks for all your input guys! I really appreciate it... and hope that we can get something worked out no matter which insurance co. so we can actually afford a new car.

 

[mcorbo]

It's not always that way, my daughter totaled a 2 year old car 2 weeks after she bought it. The insurance company gave a few hundred dollars more then we actually paid for the car.

 

[NYEmomma]

It's not always that way, my daughter totaled a 2 year old car 2 weeks after she bought it. The insurance company gave a few hundred dollars more then we actually paid for the car.

Man, I wish the other driver had THAT insurance company.

Hopefully your daughter wasn't injured in the accident!

 

[dex08]

I had an accident years ago that was no my fault and my car was also totaled by the insurance company. I had just bought 4 new tires less than 3 months prior and had just picked it up from buying a brand new Interstate battery ($$) just the day prior to the accident. I provided the receipts for tires and battery and my insurance company reimbursed me for all of it in addition to their original settlement quote.

 

[Diegosmom]

You can also hire a lawyer to fight for you. I was in an accident (9 months pregnant) and they gave me a really hard time but I was going thru a lot with my new son and pretty much just took what they offered (but I did get paid for his car seat). After I got a lawyer (because I was injured and had a ton of bills they were trying not to pay) and explained my car trouble and they said if I had hired them in the beginning they would have fought for more money. But more then likely you would have to pay for this service.

Also do you have car rental on your insurance? You might be able to get it covered thru that or even AAA.

 

[Harters2WDW]

Glad everyone is OK!

Sent you a PM.

Good luck!

 

[idtwinsmom]

My sister got her car totaled by another driver this past summer. The insurance wanted to give her $18000 for her car, which was a fair price. She refused to settle the claim until they gave her $20000. Now, she was also injured in this accident, so she may have had more leverage because of that...

When I got rear-ended a few years ago, the other driver's insurance didn't want to pay for a replacement child seat. I printed out something from the internet saying that child seats should be replaced after any accident, and they gave it to me.

Sounds like they're just playing hardball a bit. I think all you have to do is show them you won't tolerate that, and they will likely give in to have it settled.

 

[Owishingonastar]

hire a mediator to do your dirty work.

 

[tlbwriter]

Except that the cars they listed don't exist. Any simple search of cars.com & autotrader.com (which they said they used) shows average prices are nearly $2000 more than what they're trying to tell me.

Call the adjuster and point this out. That the cars they claim are comps do not exist, and that you have ACTUAL comps that show your car is worth at least $14K. If the adjuster sticks to the story that these are true comps, ask for the VINs and the names of the people at the dealerships who provided this info. If that doesn't work, say "I understand this is all you're authorized to do, so I want to speak to your supervisor" and go from there.

I've been in this situation twice. The first time, it got ugly. They offered us 25% less than our car was worth. The wreck happened right before DH and I went on a vacation, so we left my dad in charge. He finally told the adjuster "I know this car was worth $X. I can prove it to you, I can prove it to your supervisor, and I can prove it to a judge. How far do you want this to go?" The second time we just said "No, that's not right, here are our comps" and it ended then and there.

 

[JB2K]

OP - I, too, was the recipient of a totaled vehicle, a couple of months ago.

You may want to review my thread, as it's never a good idea to have your own insurance company get involved (particularly, if it's the other person's fault).

 

[Bren's Mom]

I would tell them you want x, x and x by x date. And if you can't come to a resolution by that date, that your family attorney Mr. X Smith will be retained to handle the situation.

And tell them you want an extension on the rental car until the final resolution!

 

[01spirit750]

Be sure you understand your position and the insurance companies position in the negotiation process.

The insurance company is trying to use time against you. You need a car now and need to settle to get cash. So they have the advantage over you.

Your position is that you were not at fault and in a serious car accident and that no matter what you will win. The only question is about the monitary settlement.

Have you seen a Dr?

I was in an accident and I had injuries (motorcycle / broken leg / surgery to insert metal plates). The driver of the car was at fault. My advantage was that I was in no rush to settle and I was happy to wait a year or two before settling. The initial offer would not cover my medical expenses. I consulted with a lawyer (friend) and he advised what similiar injuries in our area were awarded. The insurance company kept pushing me to give them a dollar amount. I told them that I really needed to wait for a while (6 months to a year). After about 9 months I settled with them for close to what I was asking. The lawyer friend said he couldn't have done much better in court.

 

[mrsklamc]

If the comps they are listing never existed, I would call that out and out fraud. I would tell them that unless they can explain pronto why it's NOT fraud, I'll be contacting the state insurance commissioner.