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Old 06-29-2011, 12:35 AM   #26
rayfinseats
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Re: Got rear ended!

I know they legally HAVE to settle a price with you. Hold out for a good deal!
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Old 06-29-2011, 08:33 AM   #27
motornut
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Re: Got rear ended!

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Originally Posted by ont_guy_38 View Post
Not sure how it works over there but i am looking for an Avalanche and I found a nice one that was branded salvage but is now repaired and has a rebuilt title and since it has a rebuilt title my insurance company won't even insure it . i was glad I called and asked first or I would have an expensive truck to use as a flower garden
lol yup got some of those flower gardens here
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Old 06-29-2011, 08:47 AM   #28
old Rusty C10
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Re: Got rear ended!

I dont klnow about Florida but in NY and NJ if your vehicle is deemed totalled and you are being paid by the other party , they cannot claim salvage rights to your vehicle. They do not insure it and therefore cannot claim a lein on it... If YOUR insurance company is doing the claim then when you sign your policy you do give them the right to salvage your vehicle if it is a total loss... I would tell them $3400 and you keep your truck... if that is not satisfactory to them then you sue the owner of the car that hit you as well as the driver ( if not one in the same) and explain to the court that this is your damages and this is what you want, the accident is not your fault by any means and you want the right to retain your vehicle and ive never seen any judge demand that the insurance company take the vehicle.. I would also come armed with a couple of estimates to back up your claim as to the exact damages, and if the frame is bent beyond repairability..
I was in insurance for several years.. ive handled several claims like this personally as well as for clients
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Old 06-29-2011, 10:31 AM   #29
RandyP
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Re: Got rear ended!

We had a car come through our shop this week. Customer dropped it off, insurance came out to look at it. They asked us to take the front cover off (04 grand am, front end damages) so we could see the rebar and core support. We got it took apart... and wow. The car had major inner structure damages, bent and rusted up, had been that way a long time. Insurance called the owner and told them about their existing damages, owner was aware the car had a salvage title but was told it had been repaired and sold to him at a savings. The owner assumed that a car with a salvage title that was repaired had to have some sort of inspection after repairs... he is dead wrong. They basically put new sheet metal (brand of sheet metal says chian way, that is the cheap of the cheap aftermarket) and a ton of shims and washers to get stuff to line up. The owner saved 10% over a non salvage titled car, and now his insurance has totalled it again because of the severely diminished value and existing damages. He'll be getting a whooping $1500 ($2000 minus his $500 deductible) for it and there is not a thing in the world he can do besides try and go sue the Pedro and Jose car lot he bought it from. Sadly, I promise he signed papers stating it was a salvaged car, so they'll get out of it 100%.

Unless you are planning on driving the wheels off of a car and keeping it forever and ever, salvage titled cars are not worth having. Add in to the aspect of the liability of it all, and it really is not worth it. I've seen people taken to court over their salvaged titled vehicle after it was in another collision. Even if it is not your fault, if the other party finds out about it and they get the right lawyer, that lawyer can argue your car was unsafe to be on the road it was actually your fault somehow for the accident. I've seen it happen, it's not just a wives tale.
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Old 06-29-2011, 03:15 PM   #30
tucsonjwt
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Re: Got rear ended!

The problem with suing somebody is:
1) Assumes you have the time and patience to build your case and take it to court.
2) Assumes that you have something that you can handle yourself in small claims court - a lawyer will just take your money and likely leave you flat.
3) Assumes that you thoroughly know the law backwards and forwards, because you can be sure the insurance company lawyer will, and he will use that to your disadvantage.
4) If you get a judgement against an irresponsible person, he will just not pay the judgement, declare bankruptcy, or skip town.
I know a lot of people in AZ are driving salvage vehicles and getting them insured, but it might just be liability. In some states the vehicle has to be inspected after repair to insure road worthiness, but I don't know if that guarantees insurability. I agree with avoiding salvage titles in general, but if you own the vehicle already and know the extent of the damage (i.e. not really a total loss, but still in good structural shape.) and plan to drive it a long time and can get it insured, why not keep it?
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Old 07-06-2011, 01:04 PM   #31
TIM86
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Re: Got rear ended!

Still waiting for this to happen. Truck has been at the shop since the accident. Nothing has been to it as of yet. ***sigh** This honda civic rental car isnt doing it for me.
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Old 07-06-2011, 01:42 PM   #32
motornut
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Re: Got rear ended!

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Originally Posted by TIM86 View Post
Still waiting for this to happen. Truck has been at the shop since the accident. Nothing has been to it as of yet. ***sigh** This honda civic rental car isnt doing it for me.
dam i got a "same comparable type" it was in my/a clause?
i'd call suggesting the honda is not able to perform,and that you are looking to have to rent another truck for ...."something"
need it to be costing them I feel to help it settle
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