5-8-2010 rear ended by a 20 year old in Jeep Cherokee. I w

by wizlish » Sat May 22, 2010 03:17 am

I have 2003 CLK55 AMG Mercedes. I was rearended on May 8,2010 by a 20 year old female in a Jeep Cherokee. My husband moved the car. He says it is drivable (all four tires are balanced no signs of frame damage) then had it towed to body shop. After one week (I was injured) my husband called the body shop and was told the appraiser called it a total loss. Esurance is my carrier and I had called them just to report the accident. They immediately (within a day sent out the appraiser). I had the car moved to another body shop ( owner is a family friend of my dad. been in business for about 30 years) He is writing up an estimate and told my husband it is NOT a total loss. I contacted USAA (other driver's company) and they also sent out appraiser who came after body shop owner had left and stated repairs would be about $13,000 and also says total loss. I asked USAA if I could see his estimate and they said "No he did not actually do an estimate because he determined it to be a total loss". If my body shop comes in with a lower estimate will USAA look at it and also how do they determine salvage price if I choose to keep my car? Thanks for any HELP I am going crazy in Tennessee. Also my body shop says the car just requires body work. She hit me up high on my trunk because there was something wrong with her bumper.

Total Comments: 6

Posted: Sat May 22, 2010 07:20 am Post Subject:

I guess in order to consider your car a "total loss", it's repair cost has to be at least 70% of it's present value. So, I don't see a way how he could assume it to be a 'total loss' without actually estimating the damages.

Posted: Sat May 22, 2010 01:21 pm Post Subject: estimate

USAA told me that since the appraiser declared it a total loss there was no estimate. I then stated that I wanted to see how he arrived at that and I was told that I could not until it went to total loss and they walked me through the process. In other words what I am getting from this is I am being pushed into accepting their decision and then they will show their hand. Which probably is not the ACE they want it to be but instead some trumped up total loss so that they can go and auction my 7-8,000 dollar AMG engine and other things from my car. If anyone knows a COMPETENT lawyer in Tennessee please me know

Posted: Sat May 22, 2010 11:48 pm Post Subject:

If my body shop comes in with a lower estimate will USAA look at it and also how do they determine salvage price if I choose to keep my car?

They might, but they aren't required to. Two different carriers looked at your vehicle and determined it was totaled, carrier #2 didn't even write a sheet on it, so it must be an OTL (obvious total loss). Ins companys HAVE to write an estimate a certain way..It's your car, you can repair it however you want, (if you decide to keep it). But that won't change their estimate or their determination of it's total loss status.

As to the salvage value, all carriers are different, some use a percentage, some get bid, etc. They will tell you the salvage value, and give you the option of owner retaining, but before you do that, check with your state re: what kind of hoops you have to jump thru to get it licensed again. Also what will it cost you to repair? I'm assuming you have no lein on the vehicle is that correct?

Also my body shop says the car just requires body work. She hit me up high on my trunk because there was something wrong with her bumper.


Sure, I guess that's possible but it could be 15-18k in body work too...

In other words what I am getting from this is I am being pushed into accepting their decision and then they will show their hand.

No, that's not it..your own carrier also totaled it.did you ask for their estimate? If not call them and get it...It's about economics and state law regarding when a vehicle totals...if the repair cost exceeds the ACV (actual cash value), minus the salvage value the vehicle is a total..period...or if the repair cost meets or exceeds your states percentage it totals..(70-80% of the vehicles ACV) .

some trumped up total loss so that they can go and auction my 7-8,000 dollar AMG engine and other things from my car.

Not hardly...remember TWO companys totaled your car, after inspecting it...TWO... I'd have to know the options, and mileage of your vehicle to run a value...without knowing those I'm getting around 18,325.00 so I highly doubt your salvage value is 8k, for the motor only...

If anyone knows a COMPETENT lawyer in Tennessee please me know

You'll have a hard time getting an attorney to take a PD claim...not near enough money in it...I'm assuming you're talking about your injury claim?

Also since you have already turned in the claim to your carrier, I'd have both of them shoot me their ACV and take the higher of the two.

If you'd like me to run an ACV, post mileage and if you have the following options (only ones that add or subtract from this vehicles value), power seat, leather seat, auto or manual tranny, navigation system...

Posted: Sun May 23, 2010 12:04 am Post Subject:

Here is what TN says about salvage/totaled vehicles

Vehicles Deemed a Total Loss

Does not apply to vehicles that are 10 years old or older. For vehicles newer than 10 years old, the owner must surrender the original Tennessee title and a completed application for a salvage certificate. Once processed the salvage certificate will be mailed to you. Once the vehicle has been rebuilt, send the certificate along with the Application for Motor Vehicle Identification and Vehicle Components, colored photographs, receipts for all parts replaced, and $75.00. If everything is in order, the salvage certificate will be stamped as certified and returned to you with all submitted materials, except photographs. Take all the documents to your local county clerk for re-instatement of title and registration.

No matter to what extent the vehicle is rebuilt, the owner will only be issued a title branding the vehicle as rebuilt or flood, depending on the type of damage, so that future purchasers of the vehicle will know that the vehicle had been totaled and rebuilt.

NOTE: A vehicle with a salvage certificate CANNOT be operated legally on the roadways of Tennessee . Not until a title is issued, deeming the vehicle as rebuilt, can the vehicle be operated on Tennessee roadways.

Posted: Sun May 23, 2010 05:04 pm Post Subject:

The appraiser and one of the adjusters at USAA told me that an estimate was written for my car. I was given the "run around" on Friday by another adjuster at USAA. She told the estimate could not be viewed by me, if there is one, until I am walked through the procss in the total loss department. As far as the price of the engine. I have priced the engine by calling around and have been given prices for 6-8000 because it is an AMG engine. High performance. That is retail. I have an attorney for my injuries. I am just frustrated and I am going to buy another car and work my way through this. Thanks for your help.

Posted: Sun May 23, 2010 08:43 pm Post Subject:

As far as the price of the engine. I have priced the engine by calling around and have been given prices for 6-8000 because it is an AMG engine. High performance. That is retail.

Ok, I understand that, but this is NOT the 'salvage' (or 'buy back') amount, when a vehicle has been totaled

...I have an attorney for my injuries. I am just frustrated and I am going to buy another car and work my way through this. Thanks for your help

I know you are, and don't blame you a dawg-gone bit...

As to waiting to be 'walked thru' the process to get a copy of an estimate, most likely this carrier hired an independent, and they don't even have a copy of the estimate yet.

If you are considering retaining the salvage, have your shop write an estimate, that's the only one that will matter at this point anyway (what will it cost you to get it back on the road).

Also don't forget to check on what's required to get it re-licensed once it's repaired, (if you keep it).

One more thing you should be aware of (if you retain it), once a title is 'branded' the ACV of your vehicle will automatically drop, (regardless of the repairs)...probably 25-30% (at least) on your particular vehicle...just an fyi there, should you keep, repair, and suffer another loss down the road...

Good luck, and don't hesitate to ask, if we can be of any further assistance.

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