Legal advice to help keep my truck

[Chlsnk]

I was sitting at a stop light on the 23rd of December and was rear ended by the driver behind me. She was on her phone and didn't see I was stopped. It was all her fault I didn't have to fill out any paper work with the police officer.

The damage I sustained was a small dent below my drivers taillamp , drivers door knocked out of alignment and it shoved the bed into the back of my cab on the drivers side. The bed is now resting in the correct spot on its own.

I explained to there claims guy (Lenny) and explained to him that this is a restored truck as well as heavily customized. I was met with the reply of "do you ever watch the show Pawn Stars?" And from there he said basicly I have an 84' Chevy pick up that isn't worth anything and everything I have done to it might be something to me but has no value in the real world and people modify vehicles all the time and it does not make them valuable. So it will most likely be a total. His value even in cherry condition would probably only be $1200.

I took it too two shops for estimates to show the adjuster coming out Thursday (tomorrow) or Friday. One was for $2034 and the other for $2500 to fix all damaged parts and respray the area where paint was messed up.

Do I have any power here? Can I fight this in anyway? I was sitting at a stoplight obeying all the traffic laws and there insured hit me. All I want is my truck fixed back to how it was before the accident.I know insurance companys want to spend the least amount of money cut a check and move on.

Please what can I do?



edit***

My insurance is state farm
The gal who hit me works at a law firm and was insured by America First Insurance.

[Corts60]

Do you have receipts? I think that would probably help you out.

[MYNAMEISMUD]

My insurance company (Farmers) finds 3 like vehicles and pays the averaged price.....unless it is appraised previous to the wreck. I did this after I traded my '01 Supercharged Tacoma for the '80 Shortbed I have now...since I knew it may be an issue later. Good luck!

[80SPORT]

Get a lawyer

You have a sore neck ....whiplash

As soon as they consider it an injury claim they will be very quick to settle for the repairs on your truck

[72freak]

Originally Posted by Corts60

Do you have receipts? I think that would probably help you out.

Unless you have stated value insurance or a pile of recipts or a lawyer you are out of luck!

[INSIDIOUS '86]

Hold out and don't settle. They are required too not you.
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[stroker87]

you might fine turning it in to your insurance then they will go after them (talk to your agent)

you do not have to settle for what they want to give you it there job to give you as little as possible its your job to make sure you get what you deserve

[hick]

Check your local state and see if they have a "council" that over sees the insurance companies and the regulation of it in your state

Learn there own game and play it.

For example, I know NOTHING about this industry but to me it does not seem right that HER insurance (unless you have the same company) can declare the vehicle a write off. She hit you. Your vehicle is broken. You want it fixed. You don't want a check cut for it cause it will not match the worth. You want ti fixed. They should be GIVING you the option of fixing it, or cutting a check.

Thats just my opinion though

They will bully you till you cave. You really think they are going to let you know any other option then the cheapest one?

The adjuster is right. The mods you have done it and the time/money you have put into does not matter in this situation

BUT

That should not skew the fact that your truck is damaged and you want it repaired...

This is one of those situations where you can't ask to many questions, and you can't do to much research

No offense to anyone on this board, unless some one is an adjuster with this company or another company in your state, your research will not be found here. We can merely point you in general directions. "My friends brothers cousins second wife" stories about dealing with insurance companies don't get you any where.

Best of luck to you sir... I hope to never find my self in this position with my truck cause i will never get my money back out of it... Hell i prob wouldn't get what i paid for it let alone the first tank of gas i put in it

[meter swinger]

These adjusters are the worst kind of scum. Where do they grow these assholes? If his house burnt down and an agent showed up and told him "sir your house isnt worth anything despite the remodel you did last year, and well only give you what the most run down pos house on your street is worth" i dont reckon the guy would like it too much.

get legal advice from a lawyer who deals in insurance.
give the adjuster the lawyers business card
tell him to deal with your legal counsel
wait these no good S.O.B.S. Out as long as you can. If you get a rental car keep it as long as you can. Document all lost wages Due to time away from work. Fight them till they want to pay you so they can move on.
Good luck.
Posted via Mobile Device

[bowtiemanchevyman]

is this your insurance companys saying this or the other insurance companys when my truck got hit the other insurance companys didnt want to pay until i say if my truck dont fix back to the way it was i will sue you guy and later that day they had a check ready for me. if its the persons insurance companys they have to pay for the damage the person did.

[xrcr]

Don't give in talk to a lawyer. This is one of the reasons I plan on an appraisal after I have my truck finished. It's no guarantee but can't hurt.

[motornut]

don't give in to the first couple of "offers"
lawyer for sure,if they start to hassle
and keep a big list of expenses...
up here it's my company that looks at it,deals with hers.....
hope you too ..
start looking for comparable trucks too

expenses add up the rental,storage,etc
keep this in mine they may offer
say 2000. plus or minus the expenses,check the expenses don't come out of the settlement

[ElGracho]

I was in a similar situation last March. I read up on my states insurance laws. The first offer from the at fault party's insurance was a lowball. I started quoting their requirements from the state insurance law and they quickly decided to "reevaluate". In the end I was treated more than fairly.

Don't accept their first offer but be willing to accept a reasonable offer. As much as you are attached to your truck, these things aren't that expensive and can be replaced.

[D.FENS]

Originally Posted by ElGracho

I was in a similar situation last March. I read up on my states insurance laws. The first offer from the at fault party's insurance was a lowball. I started quoting their requirements from the state insurance law and they quickly decided to "reevaluate". In the end I was treated more than fairly.

Don't accept their first offer but be willing to accept a reasonable offer. As much as you are attached to your truck, these things aren't that expensive and can be replaced.

^ This.

You don't HAVE to accept their initial offer, despite what the adjuster may try to tell you.

It may also help to get your insurance company involved. In the meantime keep the truck locked up or otherwise secured so the AFP's insurance co can't pull a fast one on you.

I was involved in an accident that totalled one of my GTI's. The at-fault party's insurance co. (Zurich) had a appraiser out to look at it the next day.

Within an hour or two the adjuster called me back, telling me a tow truck would be there to pick up the car and I needed to get my personal stuff out because they were totalling the car and would send me a check for $2250, and that I didn't have any choice in the matter.

I took the car home, locked it up in my garage, called my agent, and we went to war with Zurich.

In the end I got $3450 and was able to retain the car for salvage.

[Liz]

The fact he brought up a reality tv show to go by is assinine plain and simple. I would demand to speak to someone over him and not deal with him again, just because he is an obvious idiot.

I agree with most of the suggestions above as well..research, lawyer and do NOT settle.

[Eyegore]

I've now heard of a couple of these situations and I ave one piece of advice that helped in two of my sons truck and my insurance - get an appraisel!!!!! We had his trucks appraised and we were shocked what the estimates came out to and both estimates saved our butts when it came to pay up time, it's better than a pile of reciepts. Yes we had to pay $100 for it but in the long run it really helped, like it totally shut the mouths of the insurance adjusters. I do not know if having it appraised afterward will do any good for you now, but to the rest of you, get an appraisel.

Tom

[sumran]

They want you to believe that they have all the power and you have none. It is not true. Their insured damaged your vehicle. Their insured is obligated to repair the damage. At the point that replacement is cheaper than repair (total loss) then that is a reasonable solution. The insurance company manipulates the numbers to save money. They try to intimdate you into a quick low settlement.

The whole system is predicated on lawsuits and probable outcomes. If the case went to court what would likely happen. You could not buy a similar vehicle for less than three thousand. You are asking for less than three thousand to repair your truck. That is reasonable. A judge would think so. A jury would think so. The insurance company knows this and won't go to court. They will lose and be required to pay legal fees on top of the loss.

Tell them what you want, based on your estimates. Let them know that if they are unwilling to repair the damage (settle at your price) you will hire an attorney and proceed with a lawsuit. Give them a time frame and make sure know that once you engage an attorney there is no option of settling with you directly; the attorney will have full control. A short, well-written letter (just the facts and the estimate) to the insurance company, documenting your willingness to settle for a reasonable amount is useful. It shows that you tried to settle the issue before you hired an attorney. They will pay and move on. Your little repair bill is not worth their time.

[crazeetxn]

NADA says your shortbed is worth this:

Pricing Original
MSRP $6,970
Low Retail $2,300
Average Retail $5,575
High Retail $8,800

Options: (add options)
ADD-FACTORY AIR CONDITIONING 5% 5% 5%
See all options chosen

TOTAL PRICE $6,970 $2,415 $5,853 $9,240

You need to talk to your insurance. When I had mine backed into, my insurance said they'd cut me a check for the estimated price and then go after the other insurance company. I didn't do that, because I wasn't sure if it would be a ding against my claim history. I finally got a check from the company truck that hit me, but it took me being on their a$$ for about 3 months.

[john_p]

get a lawyer.. sue them for full repair cost plus the cost of the lawyer, plus the cost of a rental. before you do that talk to your insurance provider

[stroker87]

You really do need some kind of legal help as long as its them against you they will offer you nothing and bully you

if you talk to your insurance (since there are on your side) they will treat you right and point you in the right direction, even it you turn it in to your insurance you'll be better off and your rates should not go up since did not cause the accident

[Chlsnk]

Thank you everyone! I am going to contact my insurance guy . I also have been givin some names of local lawers who could help me.

[919cw313]

What was the truck worth on Dec. 22? Not how much you have into it, or how much it's worth to you, but what is a realistic price that a reasonable person would have paid for it?
Did you ever have a professional appraisal of the vehicle before the accident?

[SCOTI]

First, let me get this out....

If you file a claim on your insurance, YOUR premiums can go up as a result even if the accident was not your fault. Which is more cost effective? Consider that before contacting your insurance.

For everyone screaming how sorry the adjuster is in one breath & then advising to suggest possible injuries to pad compensation is just as bad & makes the screwed up system worse. Don't claim/suggest injury unless there's some validity.

You can retain an attorney to fight for your <$5,000 vehicle, but it comes @ a cost. Gather up every receipt you have for items you added & try working w/the ins company toward a reasonable settlement before bringing lawyers into it if possible.

About 1-month ago, my step-daughter was sitting @ a stop-sign & a young guy that just came from a bar parking lot was showing off, spun-out of control, hit a curb, pole, & then her Hummer H3 starting from the drivers front wheel all the way down the side until he knocked the rear end out from under the truck.

The police were called because the guy tried to run. He didn't go to jail but he was cited for reckless driving w/alcohol being a factor in the accident.

The kids (daughter & her BF) were not hurt; they were just bounced around. The insurance company came in w/a low end offer of 23K (low end re-sale was 21K; high end was 29K). The truck was an 08, cost about 23K when purchased 2.5yrs ago, & had over 5K in extras w/receipts (stereo/head unit, speakers, sub, amps, navigation, back-up camera, 18" custom wheels/tires). What worked against us was she flat-out drove the tires off that thing in her 1st 2yrs behind the wheel (40K plus miles when she lived about 2miles from her school ).

We countered the original offer of 23K & asked to be compensated for the 5K in extras or 28K total. This is when we learned his insurance was the state required minimum & subsequently his 'property' coverage limit was 25K. In order to get the extra 3K over his 'limit', we would have to file a claim on our insurance & then our insurance would have to go after him to be compensated. Considering that once a claim is filed & the probability of our ins premium going up, it wouldn't take long @ higher rates to cover that additional 3K. So we countered again, this time seeking the max 25K & the return of all the stereo equipment.

We got the 25K plus the speakers, subs, & amps AND don't have to worry about possibly paying higher premiums as a result. Now she's the proud owner of a 2012 Jeep.

Keep working w/the ins company & see if they'll pay for the repairs (new replacement parts plus paint/body work materials/labor) & you keep the truck. Go from there.....

[old Rusty C10]

I dont understand where the insurance company of someone who hit you and you were found to be not at fault has any right to salvage of any vehicle that is damaged. You do sign the right of salvage of your vehicle if you carry full coverage to YOUR insurance company.. other than that there is no right to salvage by anyone else

[tucsonjwt]

It all depends on the law in your state. You are normally only entitled to the market value of your vehicle. That means what your vehicle would cost prior to the accident in a retail sale. Since aftermarket mods are not included in any pricing models (KBB, Edmunds, Blackbook, etc.) then those mods do not increase the value.