SWB 4x4 was totaled. Now what? Can I get it back?

[flashed]

I would consult with an attorney and let him work it out for you .

[cypressbog]

Sure is a funny number for the trucks value. Sleep on the offer over the weekend and see what a legal consult might cost next week.

[Dieselwrencher]

Where are they going to get $1500 for that truck at scrap price? It sure doesn't add up to me. Shouldn't they reimburse part of the original haul charge since it never made the trip? At this point if you get a lawyer involved, you need to consider how much you will have wrapped up in lawyer fees by the time this is all done too. But, it may take a lawyer to get them to quit playing games. They're customer was in the wrong not you and they should treat you like that. It's a bad deal that they're offering you but it is a game too. They offer a low number and hope you take it because they don't want to pay anymore than they have to. To them it's just an old vehicle and now it's beyond repair. Which is far from the truth. If you could get them to drop the salvage portion that would be ideal.

[old Rusty C10]

scrap by me is $5.50 per hundred pounds I get an extra $7 for a battery and per aluminum rim. these trucks don't have catalyctics on them so no add on there I am guessing your truck is worth about $266 in scrap at best... They are probably basing the price on what it would sell for as a salvage vehicle on a salvage vehicle auction like Copart or AAA . Im not sure what else is around in the country but in the NYC NJ area that's who does most of them. Im not a lawyer but if you have the truck AND the title I would sue them for the value of the truck or the damages, whichever is greater. Possession is 9/10 of the law All truckers ( and I know this because I do east coast transporting) have to have a federal DOT number and a MC number that should be listed somewhere on the shipping paperwork they gave you, if not you can look up on the FMSCA DOT website and verify the name and that the carrier was is insured and is in good standing. They are also required to have an address for legal service in every state, and therefore you should be able to sue them in NY . Chances are they will settle it quick

[georgieb51]

Originally Posted by Dieselwrencher

Where are they going to get $1500 for that truck at scrap price? It sure doesn't add up to me. Shouldn't they reimburse part of the original haul charge since it never made the trip? At this point if you get a lawyer involved, you need to consider how much you will have wrapped up in lawyer fees by the time this is all done too. But, it may take a lawyer to get them to quit playing games. They're customer was in the wrong not you and they should treat you like that. It's a bad deal that they're offering you but it is a game too. They offer a low number and hope you take it because they don't want to pay anymore than they have to. To them it's just an old vehicle and now it's beyond repair. Which is far from the truth. If you could get them to drop the salvage portion that would be ideal.

I agree Ryan. I already made an offer that told them to drop all the salvage BS from the transaction and git it over with. But you can see how they finally responded. I am hoping to hear some words of wisdom on this forum (not just opinions, although I appreciate the concern). I am hoping someone says "This is the next thing you say to them and do not budge from that stance".

[BrianG]

It's not scrap metal though. It is still a nice truck with some dents. Who here wouldn't give $1,500 for it? Don't get caught up in the wording here. Salvage here means the insured item had some value after the accident. They are offering that it is now worth $1,500. If he wants to accept the offer and keep the truck he will have to pay the salvageable value of the insured item.

[georgieb51]

Originally Posted by cypressbog

Sure is a funny number for the trucks value. Sleep on the offer over the weekend and see what a legal consult might cost next week.

I am OK with sleeping on it for the weekend. I just wonder how I would find a lawyer who would know all about this type of situation? Or do I just use a lawyer to write a threatening letter?

[georgieb51]

Originally Posted by Moose Monkey

Stay the course. Still praying.

Keep those prayers going there Moose! Especially for the other guy. I will be OK no matter what happens. It will all work out!

[flashed]

Most lawyers I know dont charge for a consultation and if you win your case you can make the insurance co pay his fee .

[georgieb51]

Originally Posted by BrianG

It's not scrap metal though. It is still a nice truck with some dents. Who here wouldn't give $1,500 for it? Don't get caught up in the wording here. Salvage here means the insured item had some value after the accident. They are offering that it is now worth $1,500. If he wants to accept the offer and keep the truck he will have to pay the salvageable value of the insured item.

In my simple mind I would just ask Mr. Clark to raise the ACV (Actual Cash Value) by $1500 and let him keep the salvage value at $1500. This would even things out a bit. And I do not see how my title could be altered since I hold the title. And now that I mention it why not raise the ACV to the actual value of the truck before the accident? But I guess I do not think like an insurance company, and if I did I would not last long .

[georgieb51]

Originally Posted by flashed

Most lawyers I know dont charge for a consultation and if you win your case you can make the insurance co pay his fee .

I would be willing to try that if that is the way it works.

[BrianG]

I would get three estimates to get it fixed to the value which it was in when you purchased it. Then present them to the insurance company. That plus your 900 you paid to the storage place is what you should get out of this. I know that might not be what you want to here but that's just the simple reality of it.

[kwmech]

Originally Posted by BrianG

I would get three estimates to get it fixed to the value which it was in when you purchased it. Then present them to the insurance company. That plus your 900 you paid to the storage place is what you should get out of this. I know that might not be what you want to here but that's just the simple reality of it.

Plus breach of contract in delivery

[georgieb51]

Originally Posted by BrianG

I would get three estimates to get it fixed to the value which it was in when you purchased it. Then present them to the insurance company. That plus your 900 you paid to the storage place is what you should get out of this. I know that might not be what you want to here but that's just the simple reality of it.

Hmm! Estimates. Now that is a novel idea. It has been months since the word "estimates" was used. I will give that a try now that I have the truck here. It shouldn't cost too much to get it back to pre-crash status. Might be difficult to get the paint to all blend together from one side of the truck to the other,(LOL). Would be a major job to restore the camper to original. But that is what happens with new vehicles. It makes me wonder how the other 8 vehicles on the carrier were dealt with. They were all relatively new. My only mistake here is that I think common sense would prevail. I have a lot to learn! LOL

[jjzepplin]

Ok. So not the same situation but I stood firm and just asked to speak to the adjusters boss. Eventually they gave me the truck- took the "totaled" part off the title and paid me $3500. That was the going rate at the time for NADA. It was no show truck. They came at me with all kinds of crap til we settled. I just kept saying heck no and where's your boss? Face to face though.

[cknfrmr]

This thread is simply AMAZING. I cant believe this nightmare. So much info in here had to read it twice. I don't really have any magic words for you other than Best of luck to you. And you are a very kind person. I would be in jail by now for saying or doing something stupid. Keep your faith man. Wishing you all the best and a settlement all involved can agree on soon.

[Moose Monkey]

Any good news? Still praying.

[georgieb51]

Originally Posted by Moose Monkey

Any good news? Still praying.

Right now I am too worn out to deal with it. Iowa State Insurance Commission tells me that the insurance company has met their requirements. And just yesterday I got an extremely long letter written in dense "legalese" telling me all the wonderful things the insurance company has done ( to protect their asses as far as I can tell). They seem to delight in spending more time telling me what they will not do than what they will do. My latest idea is to list the truck on ebay with a high reserve (so it will never sell) but this way I could get an actual bid price that I could submit to the insurance company to prove what people are willing to pay for my truck. I appreciate the prayers. I am just worn out right now.

[BrianG]

Originally Posted by georgieb51

Right now I am too worn out to deal with it. Iowa State Insurance Commission tells me that the insurance company has met their requirements. And just yesterday I got an extremely long letter written in dense "legalese" telling me all the wonderful things the insurance company has done ( to protect their asses as far as I can tell). They seem to delight in spending more time telling me what they will not do than what they will do. My latest idea is to list the truck on ebay with a high reserve (so it will never sell) but this way I could get an actual bid price that I could submit to the insurance company to prove what people are willing to pay for my truck. I appreciate the prayers. I am just worn out right now.

Just keep in mind that what the insurance company should pay you is the difference between the salvage value (because you want to keep the truck) and the value the truck had before the accident plus what you paid for storage. So in other words; if the truck was worth $10,000 before and $5,000 now you are only going to get $5,000 plus the storage. It's still a nice truck and even after the accident has a good value in its present condition.

[Moose Monkey]

Just wondering how the other nine vehicle owners and rig owner is making out?

[Moose Monkey]

Hope all is going well. Still praying.

[georgieb51]

Originally Posted by Moose Monkey

Hope all is going well. Still praying.

Moose I truly appreciate that throughout this whole event you have been quite supportive. I have no idea how others have made out. I have taken a break from the action since the insurance company is basically ignoring me. It will all work out as I am sure you know well from your own life experiences.

[Blue GMC]

Man I can't believe this is still going on.

Just a couple of quick questions for you as I am sure you have already thought of them.

Did you receive reimbursement for the paid cost of transport?

We're there penalties in the contract for not meeting delivery times?

Was the actual cost of what you paid for the vehicle more that the pre salvage value?

Do you have an appraisal of the vehicle or can you get one that would state preaccident value?

In the contract with the delivery company was there a clause for arbitration to settle disputes and other claims.

[Dieselwrencher]

Hi George, I saw a pic of your truck on my trailer the other day and it made me curious how you ever came out with this. Have you been able to get any work done on the truck? I hope all is well.

[georgieb51]

Originally Posted by Dieselwrencher

Hi George, I saw a pic of your truck on my trailer the other day and it made me curious how you ever came out with this. Have you been able to get any work done on the truck? I hope all is well.

The story continues. I will get a few photos and post them. I have it taken apart down to the frame which is all cleaned up and painted. A buddy was helping with it and he is up for a back operation and will be out of the picture for awhile. And I had surgery on one rm and recovery time for that is 4 months, so I am somewhat useless. But I have lots of patience as you know, so this thing will one day be back together. It is a great truck. Wish it did not come with a mexican crate motor. I would like to find the correct 350 with TAY engine suffix on it.