by flower power » Thu May 14, 2009 11:07 pm
My son's car was hit last week in the parking lot of a Giant Food Store. He was backing out of a parking spot and driving forward when a kid in a dodge ram truck backed up into his left front fender damaging the fender the hood and also cracked the windshield. My son's car is a 97 Chevy Cavalier Z24. I know it is 12 years old but he loves the car, he is slowly making some needed repairs on it has put a great deal of money into it and he wants to keep it. The kid who hit him said he would pay for the damage which was $2500.00 as long as my son signed a paper stating he would not have to pay any more for any hidden damage. We advised him not to sign anything so the kid decided to think about it for a day. In the meantime we figured $2500.00 was acceptable and called the kid to inform him of our decision. The next day my son and the kid who hit him made arrangements for payment to take place this past Tuesday night. The accident happened last Thursday. Early Tuesday evening my son got a text message saying he would not pay the money and we should report it to his insurance. I did that the next day, now I am almost sorry I did because I fear the insurance company declaring it a total loss. Was I wrong in reporting this, can I cancel the claim and take the kid to small claims court? My son will do anything to keep this car. Please advise. The car is driveable and the truck took almost no damage at all. I wanted to also add this was reported to the police and they listed the boy driving the truck as responsible for the accident. I did give the info from the police to the insu company. I don't think I have the nerves to sit around and wait much longer.
Posted: Fri May 22, 2009 04:03 pm Post Subject:
Another update, I heard from the adjuster this morning through an email. Yesterday when she wanted to know all the options in the car I mentioned some of the repair work that has been done to this car in the past year. It is because of this that he wants to keep the car. He has put allot of money into it and would like to keep it for a while. Along with regular oil changes and inspection he replaced the front struts, had the abs lights fixed, had a noise in the floor fixed, replaced the front brakes and 2 calipers and had the electronic traction control and the engine light serviced front end align and 2 new front tires. A good estimate on what he spent is about $1500.00, that's why he wants to keep the car. She replied this morning and said about the only things that would increase the value would be the brakes and new tires. So I had to provide the dates, $ amount and mileage. How is it looking now? Is there any hopes of getting the money to fix it?
Posted: Fri May 22, 2009 04:06 pm Post Subject:
Sounds like they are going to consider it a total loss.
Posted: Fri May 22, 2009 05:41 pm Post Subject:
I don't understand why they would consider it a total loss. She told me the other day "it looks like this is going to go through".
If she does say total loss, can I refuse it, agree to take less money and pay the difference ourselves?
Posted: Fri May 22, 2009 07:32 pm Post Subject:
She replied this morning and said about the only things that would increase the value would be the brakes and new tires. So I had to provide the dates, $ amount and mileage.
First time I've heard that...(tires if BRAND NEW 'maybe' but not total amount)...I'd never ever ever add value to a vehicle for brakes...How is it looking now? Is there any hopes of getting the money to fix it?
Maybe, you do understand even if it is deemed a total loss you all can retain the vehicle right? They will just subtract the salvage value from your settlement.Posted: Sat May 23, 2009 09:25 am Post Subject:
If she does say total loss, can I refuse it, agree to take less money and pay the difference ourselves?
Yes, you can and if you insist on retaining the car the adjuster would then write you a check deducting the salvage value. You would then receive little less for the car than was offered by the insurer as 'totaled value'.
Posted: Sat May 23, 2009 01:57 pm Post Subject:
You would then receive little less for the car than was offered by the insurer as 'totaled value'.
The OP would then also most likely have a vehicle with a salvage title that may or may not be able to be registered for use on the the road. State laws differ.Posted: Sun May 24, 2009 11:38 am Post Subject:
Exactly that's why he needs to check with his states dept of ins and dmv...
Posted: Tue May 26, 2009 08:02 pm Post Subject:
Another update
I knew with the long weekend we would hear nothing, and today has been no different. If it helps we live in PA and I know absolutely nothing about insurance laws and salvage laws and total loss laws. I can say this, my son cannot express how much he wants to keep this car. We will refuse anything other than a repair of this vehicle. If we have to take less money we will and pay the difference. The estimate was for $2500.00. I am willing to take $2000.00 no less. Is anyone here familiar with PA INS laws who can help us out in our negotiations. Tomorrow is 2 weeks that I submitted the claim. Is there anything more we can do?
Posted: Tue May 26, 2009 08:57 pm Post Subject:
I had something like this come up with my mother's car a few years ago. Allstate wrote it up as a "total." I talked with a body shop guy, though, and he figured out a way, using salvage parts, to rescue it. Maybe your son could find a local, no-frills shop to help him. If the car can be driven, I wouldn't get in a hurry.
Posted: Wed May 27, 2009 04:47 am Post Subject:
In PA one may retain a totaled car, which would then get the salvaged title. The OP may get it repaired & inspected. Once the car passes the inspection, the R-title or reconstructed title will be issued and the car can be legally driven on the road. However, there would be a steep drop in the value of the car because of the R-title in it.
~Jeremy
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