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View Full Version : Insurance company won't total car...what to do.



bear down
12-17-2007, 09:59 AM
My sister got into an accident last week. Pretty good one too. A car turned left in front of her going about 50mph. Its a ford fusion but has about 13-14k in damage, but insurance is willing to pay that rather than totalling out the car. She does not feel safe in the car if it gets repaired. Any ideas what she can do?
Thanks!

ratso
12-17-2007, 10:48 AM
My sister got into an accident last week. Pretty good one too. A car turned left in front of her going about 50mph. Its a ford fusion but has about 13-14k in damage, but insurance is willing to pay that rather than totalling out the car. She does not feel safe in the car if it gets repaired. Any ideas what she can do?
Thanks!
What the heck is the car worth? Sounds like you might have to keep at them to total. We just finished up on a deal with a customer that needed his boat totalled, but the insurance company was being stubborn. Took two months to get it done...

OGShocker
12-17-2007, 10:54 AM
Sneek into the impound yard with a gallon of gas and a road flare. :D
j/k
Have you looked into a Lawyer? I am quite sure your Insurance company consulted their's. Just a thought...

Cole Trickle
12-17-2007, 10:56 AM
Ins company typically looks for 80% damage ratio before they will total a car.
What does the Fusion book at?
If it's within a grand or two you should be able to convince them that there will be undiscovered damage once they tear into it.
If the Fusion is brand new and books at 7K over damages there not gonna total it.

IMPATIENT 1
12-17-2007, 10:57 AM
ask for value depreciation ;) if they do that in your state. here they have to pay you what it loses in resale due to it being major damaged before. i got into this 10yrs ago with a insurance company(shelter) , they wanted to give me 5k for my little work truck(i t-boned a drunk driver who ran a stop sign) and i asked for depreciation, they decided to go ahead and total when i asked them for that and mentioned my back hurt:D

YeLLowBoaT
12-17-2007, 10:58 AM
did the air bags blow? if they did its almost always a total as they are $$$$$ to repair. remember to take it too your body shop, not the INS companys.
sadly 10k+ damage is not alot of damage on most new cars on many infact thats well under a 10 mph crash.

pw_Tony
12-17-2007, 11:05 AM
Did they already write an estimate on it? Is the car at a body shop yet?
Body shops don't like to total cars unless it's an obvious total loss. And unfortunately the insurance company doesn't like to give away free money. If the estimate doesn't reach 70% of it's value, maybe as low as 60%, then they probably aren't going to total it.
Being an appraiser myself I have had many people try to get me to "total" their car cause A)It will depreciate in value or B)They don't feel safe driving the car after repairs. But for either reason it's just not going to happen, cause the insurance company won't have it. I'm not sure where you live, but here it's a pretty straight line. If it's under 70% then you get it repaired, over 70% then it's totaled

pw_Tony
12-17-2007, 11:07 AM
Oh yea, 13-14K in damages on a Ford Fusion doesn't really sound like that much damage. Did her fusion hit her car dead on at 50mph? Because if it really was that fast I would expect the car to total.
I hope your sister is ok as well

ULTRA26 # 1
12-17-2007, 11:10 AM
Brandin is right with regard to the 80% of value total loss threshold. In CA diminished value is not a consideration if 1st party losses. A quality repair facility can repair the vehicle correctly and safely.
The insurance company will not recommend a shop unless the use of Direct Repair Facilities is stipulated in the policy.
did the air bags blow? if they did its almost always a total as they are $$$$$ to repair. remember to take it too your body shop, not the INS companys.
sadly 10k+ damage is not alot of damage on most new cars on many infact thats well under a 10 mph crash.
Not sure where you are getting your info but it is not accurate.

pw_Tony
12-17-2007, 11:11 AM
Brandin is right with regard to the 80% of value total loss threshold. In CA diminished value is not a consideration if 1st party losses. A quality repair facility can repair the vehicle correctly and safely.
Exactly, that's what I try to tell people but some don't understand

Kachina26
12-17-2007, 11:13 AM
did the air bags blow? if they did its almost always a total as they are $$$$$ to repair.
Wow, never heard that one. I repaired plenty of vehicles after airbag deployment. They are getting less expensive to repair all the time too.

Cole Trickle
12-17-2007, 11:13 AM
Brandin is right with regard to the 80% of value total loss threshold. In CA diminished value is not a consideration if 1st party losses. A quality repair facility can repair the vehicle correctly and safely.
:)
FYI....I ran the GTO at Irwindale last thursday
7.89 @86.6 1/8 ET
1.69 60'
Pretty happy with the number since all the charts put it at a 12.2-12.4 in the 1/4:) :idea:

pw_Tony
12-17-2007, 11:14 AM
Wow, never heard that one. I repaired plenty of vehicles after airbag deployment. They are getting less expensive to repair all the time too.
Generally when I write estimates, if the air bags deploy I total them out. It helps that it takes a HARD hit to deploy air bags, but they are definetely the icing on the cake

ULTRA26 # 1
12-17-2007, 11:14 AM
Exactly, that's what I try to tell people but some don't understand
I know, I have been listening to the same thing for years.
:)
FYI....I ran the GTO at Irwindale last thursday
7.89 @86.6 1/8 ET
1.69 60'
Pretty happy with the number since all the charts put it at a 12.2-12.4 in the 1/4:) :idea:
12.2 to 12.4 is too quick for stock. What mods are you running?

Cole Trickle
12-17-2007, 11:20 AM
I know, I have been listening to the same thing for years.
12.2 to 12.4 is too quick for stock. What mods are you running?
Stock?:D
K&N FIPK
Magnaflow Cat Back
Fuddle 3200 stall
MT 17" Drag Radials
Tune
Everything else is untouched
Car runs good and leaves pretty hard
I raced a 07 6speed auto vette with exhaust and tune. He was running 8.2@90 on stock tires.

YeLLowBoaT
12-17-2007, 11:26 AM
Wow, never heard that one. I repaired plenty of vehicles after airbag deployment. They are getting less expensive to repair all the time too.
They start at about 1500 each, the newer side impact are even more. Several extra thousand in replacing them will make a diffrence on rather or not they are totaled out.

ULTRA26 # 1
12-17-2007, 11:29 AM
Stock?:D
K&N FIPK
Magnaflow Cat Back
Fuddle 3200 stall
MT 17" Drag Radials
Tune
Everything else is untouched
Car runs good and leaves pretty hard
I raced a 07 6speed auto vette with exhaust and tune. He was running 8.2@90 on stock tires.
The 3200 stall and MT's should help it leave hard. Your car runs better than most 6.0 GTO's. It's an A/T isn't it? Did you have it dyno'd or are you running a Predator tune. There is a place in Anaheim that is good with 6.0.s
SoCal Tuning and Performance.

YeLLowBoaT
12-17-2007, 11:30 AM
Brandin is right with regard to the 80% of value total loss threshold. In CA diminished value is not a consideration if 1st party losses. A quality repair facility can repair the vehicle correctly and safely.
The insurance company will not recommend a shop unless the use of Direct Repair Facilities is stipulated in the policy.
Not sure where you are getting your info but it is not accurate.
The group that does testing for the ins companys published a study this year about how much damage is done in a 10 mph crash. Several cars were over 20k, out of the luxury cars the volvo was the cheapest at about 5400. Most where in the 7-10 range.
By law in CA they can not tell you what body shop you can or can not use. If they do, your getting a new car and a nice chunk of change to buy gas with.

Cole Trickle
12-17-2007, 11:44 AM
The 3200 stall and MT's should help it leave hard. Your car runs better than most 6.0 GTO's. It's an A/T isn't it? Did you have it dyno'd or are you running a Predator tune. There is a place in Anaheim that is good with 6.0.s
SoCal Tuning and Performance.
It seems to run on the strong side but nothing amazing.
Tuned with HP tuners... 345 rwhp with verter.Verters seem to soak up about 20hp +/-
I met up with a couple that own an 05 A4. They have Kooks LT headers,Vig 2800 stall and a ud pulley along with everything else I have and pulled a 7.57@89.48 1.60 60'
The Ls2's run pretty hard with a tune

ULTRA26 # 1
12-17-2007, 11:44 AM
The group that does testing for the ins companys published a study this year about how much damage is done in a 10 mph crash. Several cars were over 20k, out of the luxury cars the volvo was the cheapest at about 5400. Most where in the 7-10 range.
By law in CA they can not tell you what body shop you can or can not use. If they do, your getting a new car and a nice chunk of change to buy gas with.
As I stated be before, you are misinformed with regard to CA and some insurance companies directing repairs to specific repair shops. I have 25 years in the auto claims business in CA and I'm well versed on the law in this regard.
It seems to run on the strong side but nothing amazing.
I met up with a couple that own an 05 A4. They have Kooks LT headers,Vig 2800 stall and a ud pulley along with everything else I have and pulled a 7.57@89.48 1.60 60'
The Ls2's run pretty hard with a tune
Again, who's tune are you running?

pw_Tony
12-17-2007, 11:46 AM
With most insurance companies by law I'm not even allowed to recommend a body shop. With some insured's I can point them to a drp but they don't have to take it there

Cole Trickle
12-17-2007, 11:48 AM
As I stated be before, you are misinformed with regard to CA and some insurance companies directing repairs to specific repair shops. I have 25 years in the auto claims business in CA and I'm well versed on the law in this regard.
Again, who's tune are you running?
HP tuners done by my buddy Rich:)

redneckcharlie
12-17-2007, 11:49 AM
They start at about 1500 each, the newer side impact are even more. Several extra thousand in replacing them will make a diffrence on rather or not they are totaled out.
I'm curious. How many cars have you written estimates for, or done collision repairs on? I've repaired hundreds of cars, and I replaced air bags routinely. Air bags are not that big of a deal.

NOTALENT
12-17-2007, 11:54 AM
:)
FYI....I ran the GTO at Irwindale last thursday
7.89 @86.6 1/8 ET
1.69 60'
Pretty happy with the number since all the charts put it at a 12.2-12.4 in the 1/4:) :idea:
YOU FOCKER!!! I knew that was you!!! I saw you running it and you kept driving by us while we were @ the grandstands haha...
I knew I should have called you to see!!!:D I will be running my R6 there next thursday :devil: Looking for my new race car now ;)

Cole Trickle
12-17-2007, 11:57 AM
YOU FOCKER!!! I knew that was you!!! I saw you running it and you kept driving by us while we were @ the grandstands haha...
I knew I should have called you to see!!!:D I will be running my R6 there next thursday :devil: Looking for my new race car now ;)
funny....Did you see me redlight that big red diesel machine...lol;)
That thing has to be the slowest full built truck I have ever seen:devil:
I had a couple good races with the yellow goat:)
I almost forgot on my first race a GTO swerved completely into my lane. Luckily I killed him out of the hole or he would have T-Boned me

ULTRA26 # 1
12-17-2007, 12:01 PM
I'm curious. How many cars have you written estimates for, or done collision repairs on? I've repaired hundreds of cars, and I replaced air bags routinely. Air bags are not that big of a deal.
As we have. Air bags are nothing serious.
Charlie. Do insurance companies have DRP's in NM?

YeLLowBoaT
12-17-2007, 12:02 PM
As I stated be before, you are misinformed with regard to CA and some insurance companies directing repairs to specific repair shops. I have 25 years in the auto claims business in CA and I'm well versed on the law in this regard.
Again, who's tune are you running?
Funny the CA insurance commision and the Insurance code says other wise...
Autobody bill of rights... seems you need some more training. (http://www.insurance.ca.gov/0100-consumers/0060-information-guides/0010-automobile/upload/Auto_Body_Repair_Consumer_Bill_of_rights_Reduced_S ize.pdf)

YeLLowBoaT
12-17-2007, 12:06 PM
I'm curious. How many cars have you written estimates for, or done collision repairs on? I've repaired hundreds of cars, and I replaced air bags routinely. Air bags are not that big of a deal.
none, but being hit 16 times in 29 months and having to SUE 2 ins companys and one private party... I got a very good feel for both auto body and insurance industry. As well as learned the laws that govern them.

BajaT
12-17-2007, 12:18 PM
Yellowboat,
If I caused the damage to your vehicle, my insurance company cannot tell you where you have to go. They can recommend somewhere, but they cannot make you go somewhere.
My vehicle may have to be repaired at the shop my insurance company recommends if it is written in the policy that I will use my insurance company's preffered shop, or I could have to pay a % of the repair, based on policy language.
You are correct that an innocent 3rd party cannot be told where he must have his vehicle repaired by the liable party's carrier.

NOTALENT
12-17-2007, 12:20 PM
funny....Did you see me redlight that big red diesel machine...lol;)
That thing has to be the slowest full built truck I have ever seen:devil:
I had a couple good races with the yellow goat:)
I almost forgot on my first race a GTO swerved completely into my lane. Luckily I killed him out of the hole or he would have T-Boned me
The one with the dual nos tanks hooked up and the stinger exhaust coming out of the bed?? I only caught 2 of your races torwards the end. Was busy with there marketing guy. That would have sucked if you got Tboned!! There were a few morons there cutting off the inside lane racers to make the first turn off....almost saw a few accidents!

redneckcharlie
12-17-2007, 01:34 PM
As we have. Air bags are nothing serious.
Charlie. Do insurance companies have DRP's in NM?
Yes they do. I was set up with State Farm and Farmers. I stayed away from Progressive and Geico and Allstate. Those three in this state, for whatever reason, were the worst to deal with. All three wanted to use used parts, or aftermarket. You usually had damn near hire an attorney to get them to use OEM parts. Its been almost four years since I sold my shop, so things may have changed.
On another note, I have heard some rumors that Allstate was actually setting up there own facilities in Cali. Is that true?

redneckcharlie
12-17-2007, 01:40 PM
none, but being hit 16 times in 29 months and having to SUE 2 ins companys and one private party... I got a very good feel for both auto body and insurance industry. As well as learned the laws that govern them.
With you record of being hit, you should go work out a deal with a shop. Because, your a gold mine for a body shop! :D
Hopefully, you've never been hurt seriously.

H20 Toie
12-17-2007, 01:50 PM
I didnt have any problem with my insurance company. but the air bags did go off.
http://www.***boat.com/image_center/data/500/aIMG_7468.JPG

ULTRA26 # 1
12-17-2007, 02:08 PM
Yes they do. I was set up with State Farm and Farmers. I stayed away from Progressive and Geico and Allstate. Those three in this state, for whatever reason, were the worst to deal with. All three wanted to use used parts, or aftermarket. You usually had damn near hire an attorney to get them to use OEM parts. Its been almost four years since I sold my shop, so things may have changed.
On another note, I have heard some rumors that Allstate was actually setting up there own facilities in Cali. Is that true?
Haven't heard about Allstate doing anything new here. We don't use A/M parts at all, with the exception of glass. There are so many wreckers and totaled vehicles here it easy to find quality used parts, especially doors and front end assys. Rumor has it that AAA, Progressive and Allstate are a pain to deal with here as well. I've been with State Farm forever, and my only claim was the theft of my 2000 Lightning from the Ford dealer, March 2001. State Farm paid the day after I reported, which is unheard of .

redneckcharlie
12-17-2007, 02:21 PM
Haven't heard about Allstate doing anything new here. We don't use A/M parts at all, with the exception of glass. There are so many wreckers and totaled vehicles here it easy to find quality used parts, especially doors and front end assys. Rumor has it that AAA, Progressive and Allstate are a pain to deal with here as well. I've been with State Farm forever, and my only claim was the theft of my 2000 Lightning from the Ford dealer, March 2001. State Farm paid the day after I reported, which is unheard of .
All my insurance is still with State Farm. I can honestly say that out of all the companies I've ever dealt with, State Farm was the best. I can't actually think of to many occasions where I had problems dealing with the adjusters. Farmers was a good company to deal with as well.

phebus
12-17-2007, 02:30 PM
I didnt have any problem with my insurance company. but the air bags did go off.
http://www.***boat.com/image_center/data/500/aIMG_7468.JPG
Damn....................:eek:

BoatFloating
12-17-2007, 02:31 PM
I didnt have any problem with my insurance company. but the air bags did go off.
http://www.***boat.com/image_center/data/500/aIMG_7468.JPG
Dan, you are a lucky man to walk away from that..... I bet your insurance company liked writing that check...:eek:

ULTRA26 # 1
12-17-2007, 02:35 PM
Yes they do. I was set up with State Farm and Farmers. I stayed away from Progressive and Geico and Allstate. Those three in this state, for whatever reason, were the worst to deal with. All three wanted to use used parts, or aftermarket. You usually had damn near hire an attorney to get them to use OEM parts. Its been almost four years since I sold my shop, so things may have changed.
On another note, I have heard some rumors that Allstate was actually setting up there own facilities in Cali. Is that true?
Haven't heard about Allstate doing anything new here. We don't use A/M parts at all, with the exception of glass. There are so many wreckers and totaled vehicles here it easy to find quality used parts, especially doors and front end assys. Rumor has it that AAA, Progressive and Allstate are a pain to deal with here as well. I've been with State Farm forever, and my only claim was the theft of my 2000 Lightning from the Ford dealer, March 2001. State Farm paid the day after I reported, which is unheard of .

CornWater
12-17-2007, 02:35 PM
I didnt have any problem with my insurance company. but the air bags did go off.
That should buff out...

v-drive
12-17-2007, 02:43 PM
Damn,I have been with Allstate forever and when I make a claim they don't flinch,they just pay up. We had a flood in our home last year and the same thing. I guess i'm the exception here guys

redneckcharlie
12-17-2007, 03:16 PM
Damn,I have been with Allstate forever and when I make a claim they don't flinch,they just pay up. We had a flood in our home last year and the same thing. I guess i'm the exception here guys
Its not a hard and fast rule. My dealings with Allstate were in the past, and I'm sure there are many people who don't have problems dealing with them. I could be wrong, but I think Allstate has lost a few very, very large court cases dealing with customer service in the last few years. Litigation is often a major wake up call for companies to knock their xxit off and do business properly and ethically. ;)

Kachina26
12-17-2007, 03:29 PM
I'm curious. How many cars have you written estimates for, or done collision repairs on? I've repaired hundreds of cars, and I replaced air bags routinely. Air bags are not that big of a deal.
Thank you!

buddude8
12-17-2007, 03:31 PM
Sue the other insurance company for diminished value of the vehicle. My wifes z4 was hit by a semi last year, caused 16,000 dollars in damge. Same thing the insurance company would not total it and had the repairs made. She felt the same also didnt want to drive a repaired car and wanted to sell it and get a new one. Your case is a easy one to win. You cant legally sell your car as being in great condition and will have to admit to any repairs that were made. Thus the value of your new car was diminished from what it was prior the the accident. The downside of these kind of suits is that a lawyer will typically take 50% of your winnings. In our case the diminished value report was 10,000. I went after the insurance company myself and ended up getting 7,500 from them.

pw_Tony
12-17-2007, 03:34 PM
There's only a few insurance companies I won't, or just don't prefer doing independent estimates for. Progressive, Geico, Allstate, Farmers, and AAA. Some have their own appraisers here now, but still wouldn't go with them