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 Posted: Wed Oct 28, 2009 1:22 am Post subject: Can I sue to reverse a constructive total loss decision? |
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My 1980 Chevy Caprice Classic estate wagon was sideswiped in July. Police report shows other guy at fault. No dispute on that. His insurance company claimed my car was worth $700-$1100 and claimed the damages totaled $3500. They sent a salvage notice to DMV.
My 1980 is in restored condition. Very cherry and runs perfectly. I was in the process of turning it into a collector's item at the time of the accident. Since the accident, I spent $1500 or less to repair the damage the driver did. The car is almost fully restored to showroom condition at this point.
I do not think that the assessment of my vehicle was correct. I see others like mine going for $3500-$23000 in showroom condition. Since it only cost $1500 to fix the damages, I don't see that my car is a total loss.
Can I do anything about it? Who do I sue? Will the DMV remove the salvage lable?
I have not accepted one cent from the insurance company, so I don't see how they could consider this settled.
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Livng Legend
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| Posted: Wed Oct 28, 2009 1:43 am Post subject: |
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| You cannot reverse a salvage title. However, since your damage sounds more cosmetic than anything and your restoring it, to a collective buyer that really is not going to be that much of an issue, usually. You can sue the at-fault party for loss of use and your although what you may have been able recoup had you sold as a "collectors" vehicle. When they did an eval on it, how complete was it and any addional upgrades to consider that may raise the appraisal value? |
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Trench
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| Posted: Wed Oct 28, 2009 1:48 pm Post subject: |
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Livng Legend
There are a few things about your post that concern me...first (and no disrespect intended) I've gotta tell you that at least twice a month I have someone tell me that their vehicle is 'cherry', 'perfect', 'restored' or (my personal favorite) 'show car' to find out upon inspection that they have no real idea what those terms actually mean. Showroom condition would mean that vehicle is NOT a daily (or weekly  ) driver. That would be a vehicle that is garaged and brought out on nice sunny days or driven/towed to a show. It would be absolutely perfect inside and out.
Now you also say | Quote: | | My 1980 is in restored condition. |
I don't know what restored 'condition' is. I do know what a restored vehicle is. There (of course), varying degrees of restoration, as well as varying degrees of quality, (ie amatuer as opposed to professional resto). If your vehicle was truely in perfect condition, low miles, zero prior damage or wear, then the person inspecting it should've easily been able to see that. You also say | Quote: | | I was in the process of turning it into a collector's item at the time of the accident |
What does that mean? What exactly had you done/completed in your process?
What method did the adjuster/appraiser use to determine the value.. | Quote: | | I see others like mine going for $3500-$23000 in showroom condition |
Where? Did you show these to the adjuster?
As to the difference in the repair estimates, and I see/hear this myself from time to time. Here's the deal. All carriers have guidelines as to how they write an estimate. You however, as the vehicle owner can repair (or not), YOUR vehicle in anyway you see fit. As an example, the company I work for, prohibits ANY used suspension or steering parts use. So I have to write new parts for this, which is very expensive in most cases. Let's say I have to replace the rt front susp/steering (minus rack) in a vehicle, that can easily cost over 1k just in parts alone, (minus labor), but you as the vehicle owner can find a used knee assembly for 200 bucks..see the difference? That does not change the fact (nor will it ever), that the cost of repair exceed the threshold thus totaling the vehicle per the insurance company.
| Quote: | | Since it only cost $1500 to fix the damages, I don't see that my car is a total loss. |
Exactly what repairs did you do that cost 1500.00?
Have you (also) turned this claim into your carrier under your collision coverage? This is a 'non-chargeable' accident, therefore you cannot suffer a rate up for it. If your carriers evaluation of your vehicles ACV is higher than the other carrier, then you can use your collision coverage, get paid for your total loss, and your carrier will then subrogate the other carrier for repayment..What did your carrier say about this? | Quote: | | You can sue the at-fault party for loss of use |
I'd assume that the third party carrier offered you a rental once they assumed liability and would've/should've extended that rental until 48-72 hours after an OFFER of settlement was made...
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Lori
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| Posted: Wed Oct 28, 2009 5:54 pm Post subject: |
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| Quote: | | I do not think that the assessment of my vehicle was correct. I see others like mine going for $3500-$23000 in showroom condition. |
Is this a typo? That is almost a $20,000 difference in prices!
Did you review the documentation that the insurance company had to show the value of the vehicle? It sounds like you have already accepted their offer. You never mention what the value of your vehicle is... only a price range of $20,000.
Before you "dispute" anything you may want to determine the correct value of your vehicle with documentation to confirm this. |
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tcope
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