Can insurance deny considering a burnt car as total loss?

by Guest » Wed May 06, 2009 03:36 pm
Guest

Hi everyone. Recently my car was stolen and burned. The car was not completely burned, but burned bad enough.

However my insurance company does not want to deem it a total loss. They want to try and "repair" it. Even though my insurance adjuster had told me prior that it would be a total loss because no matter what you cannot remove the smells and such. Now he's going back on his word and wants to get the car repaired.

I do not want to have anything to do with the car anymore. It was stolen from me and damaged. The insurance company is trying to take the easy way out and repair it and give it back to me.

I told them several times I do not want it repaired but they're not budging.

What are my rights? What should I do? I don't pay for insurance for no reason.

Please help..

Total Comments: 17

Posted: Thu May 07, 2009 03:35 pm Post Subject:

Hi,
As per my knowlede the insurance company want to settle the claim by repairing car. If i will in your position I will definately accept the "repair" option and after repair work i would have sold the car.

That is better option in my view

Posted: Thu May 07, 2009 03:47 pm Post Subject:

you have to follow the policy document that has been signed by you.

Posted: Sat May 09, 2009 12:08 pm Post Subject:

Hey illuminatty,

They are gonna repair the car, however I am having the adjuster sign an agreement that states if the car even somewhat smells like smoke or gasoline after it has been repaired, then the insurance company will pay the value of my car on my behalf.



It would be good if you'd throw some light upon this agreement. I don't think your carrier would have chosen the path of 'repairing' had there been any doubt in their minds about eliminating the smoke-smell. If they'd need to reimburse you for the value of your car apart from bearing the repair charges, then that would certainly go against their business interests. Please keep us updated.

Steven

Posted: Sun May 10, 2009 04:16 am Post Subject:

How was the fire extinguished? Did they use chemicals? Did the fire burn out on its own?

How much fire damage was there in the passenger compartment?

Are they replacing the entire dash, computers, all the air bags? All the wiring harnesses? The corrosive effects of moisture on components that have been subjected to extreme heat, smoking chemicals, and the propellents to extinguish them will accelerate the deterioration process.

The little things like lubrication in the window regulators, door latches that have liquified and ran dry will need attention and probably overlooked. The adhesives that retain all glass will be affected, and any extreme heat within inches of relays, wiring connections, solenoids, motors will compromises the integrity and life of those components. Any plastics will be compromised. All the panel bond glues that attach supports to the roof, all the structural pillar foams and door panel bonds to intrusion beams will likely be affected.

Can you tell us what model of vehicle and year that the repairs are being attempted? The entire car would have to be gutted and all the glass replaced, the entire dash and harness replaced, ac and heater housing and cores replaced. I would ask if all the air bags, including seat air bags and curtain air bags are being replaced with new and not used.

Depending on the amount of heat generated in the vehicle, I would not even consider undertaking such a colossal task. I once bought a fire damaged 3 year old mazda 626. I bought a donor car for all the interior. This was before air bags were standard equipment. The smoke was never an issue because all the interior metal roof, floor and door shells cleaned up without repainting any burnt areas.

However months down the road, every single relay and fuse in the car had to be replaced because of heat corrosion or fire extinguisher chemical contamination. Contacts of wiring harness showed corrosion and lack of abiity to properly conduct current. All the vacuum hoses rotted prematurely as well as sparkplug wires. and the injectors failed.

I would certainly like to hear more factors about the amount of heat, the area of exposure and how the fire was put out.

The magical word in a policy pre-loss or pre accident condition is what is owed to you. If you can find someone that will perform a post repair inspection thoroughly if the insurer insists on taking the option to repair,
they might reveal some of the overlooked items I alluded to. If they are not using current year model parts that are exactly the condition that yours were prior to the loss, how have you been made whole.

This sounds a lot to me like an inexperienced appraiser trying to score points with management or trying to maintain company goals or possibly just in his own mind, thinks he knows better than some experienced repairers and has found a willing partnered repair shop that may be desperate for work to take the liability for such a nonsensical restoration.

Of course this is just my personal opinion based on 38 years in the collision repair business and having been there done that and know better than to do it again. I sympathize with your wishes not to have it repaired if the fire was extensive and admire you for asserting your rights. If you fail to assert your rights, you lose them.

Posted: Tue Dec 22, 2009 10:31 pm Post Subject: My so called friend guy burnt my car

My car had got burnt on Feb.21, 2009 by a jealous so called friend guy I had. He got mad cause I wasn't at home and would go place. And the thing about it, we wasn't going with eachother. I sued him in court and I won, and he owe me for it. Now he's locked up in jail for parole and I can't get my money yet and he owe on something else. I know how you feel losing a car, and he destoryed my car. But why be jealous of something that I got and he don't got. He was working two jobs, and I was wondering what was he doing with his money. Just because he ain't got it, don't come along and take what I got, that was low down of him. Now he's in jail and everything has back fired on him. That's what he get for burning my car. He was only a friend, we never had sex and we would only talk to eachother. It hurted my so bad when that happen. What do you think? :cry:

Posted: Tue Dec 22, 2009 10:37 pm Post Subject:

What do you think?

That I'm missing the Jerry Springer show right now.

Posted: Wed Dec 23, 2009 01:20 am Post Subject:

That I'm missing the Jerry Springer show right now.



Thanks for the reminder. I just got that app on my iPhone that allows me to set my DVR when I am away from home. Shew- that was close!

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