[Shotimes] OT-insurance co saga part II

Paul L Fisher sho@paul-fisher.com
Thu, 24 Apr 2003 06:58:47 -0500


What has your insurance company said?

Also, not to rub salt into an already wound but if you drop collision and
comprehensive, you should expect nothing.

As someone else has stated, show the receipts for the car and the repairs
and they should offer minus depreciation plus medical bills (don't close
the settlement on that) plus a little extra.

Paul L Fisher
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----- Original Message -----
From: "John Phillis" <jphillis68@hotmail.com>
To: <insman@direcway.com>; <shotimes@autox.team.net>
Sent: Thursday, April 24, 2003 2:10 AM
Subject: RE: [Shotimes] OT-insurance co saga part II


> ok, here's more info, sorry about giving you the short on details, I
> auto-deleted everythign from my inbox by accident the other day...
>
> anyhow, Nationwide is not her insurance Co, but the insurance Co of the
girl
> who ran through a red light and hit her in the side.
>
> yes, legally, we can't sue, or have her insurance Co touch this girl's
> insurance company, and after consulting a lawyer, I found out($275 poorer)
> that legally we don't have a leg to stand on, as R-titled cars are the
kiss
> of death (I thikn as you stated before) and we will take it up the A$$
when
> everything is said and done.
>
> but, here's the lowdown.
> The car, if not a salvage title woudl have a book value of $6600 right
now,
> considering options and mileage and all.
>
> she got the car as a wrecked rebuildable for $2500.
> another $3000  in parts and paint. (including a front clip for $2065)
>
> and without labor, the total was around $5500.
> at the time the book value on the car was $9500 without the salvage title.
> and so $5500 invested didn't look so bad.
>
> the car only had 27,000 miles on it or so when she got it.
>
> so now we have a stack of reciepts totalling $5500, and are waiting for
> Nationwide to make an offer on the car.
>
> if there offer is less than $5500, then I can understand (I don't think
> anything that anyone tells me concerning the car's value will upset me,
nor
> will I think anyone is trying to be a dick so please respond truthfully,
> regardless of how it may sound
>
> in otherwords...  I won't hold it against anyone if they say, I think you
> are wrong)
>
> but basically, if they try to give her less than $5500, then they better
> have a good reason. I mean, I can understand if they want to depreciate
the
> value of her car, and take some value away from the $2500 that she paid
for
> it, but a front clip hasn't come down in value, nor has any of the other
> parts that were on that car, so reimbursing her for all the parts on that
> car only seems fair, either that, or else I cut all those parts off of the
> car and keep them, when the insurance co's flatbed takes the car away.
>
> it's only fair...
>
> I know the outcome of this already. I may not like it, but I can predict
it.
> there will be lots of bending over, and no lubricant.
>
> it just really upsets me. because normally, I am the only one who screws
my
> girlfriend. Having a whole insurance company screw her really makes her
feel
> slutty.
>
> but all that aside...
>
> what I am looking for is a way to hurt the ins company. or a way to
legally
> make this thing hard for them, and miserable.
> I only think it is fair to make them miserable, as they have to us.
>
> I am not looking to purposely slow down the process, but if slowing down
the
> process is possible, and will cost them more money, then that's what I
would
> rather do.
>
> so, is it justifiable to ask for reimbursement for any and all parts that
> were bought for the car?
>
> (clutching at straws over here)
> thanks again,
> John
>
> PS, I am in Pennsylvania, if that makes a difference
>
>
> From: "Ron Fleshman" <insman@direcway.com>
> To: "'John Phillis'" <jphillis68@hotmail.com>,<shotimes@autox.team.net>
> Subject: RE: [Shotimes] OT-insurance co saga part II
> Date: Thu, 24 Apr 2003 00:04:58 -0400
>
> <<I didn't get a chance to answer anyone's questions. al fitz I think
> asked if
> about what insurance co and some other questions. basically, here's the
> low
> down.
>
> the ins co is Nationwide (and they are not on my side)
> she had no full tort insurance
> no comprehensive or collision coverage
>
> basically a stripped down insurance policy.
>
> so, here's the question.
>
> can we refuse their offer?  If they come up with a money figure, can we
> refuse it, legally, in hopes of getting a higher offer?
>
> or what?
>
> getting ticked, need a hand.>>
>
> Then, if your company (or hers)is Nationwide they have no contractual
> obligation to do anything.  If you had collision, they could fix or
> settle with you for the car.  I emailed you privately and asked if you
> bought the car for a reduced price.  If you did, they only are obligated
> by law to reimburse you for your loss.  No auto insurance policy that I
> am aware of is a replacement cost contract.  All insurance policies are
> ACV (Actual Cash Value) of the property you had insured.  If your car
> was salvaged, then its value was less than a comparable car of the same
> model, year, and trim level.  That is why they issue salvage titles--to
> protect the consumer so that they know that the car has been severely
> damaged.  You guys apparently knew this when buying the car.  I only
> hope you got a bargain, because all any insurance company will do is put
> you back in the shape you were in before the accident, less depreciation
> considering the value of the car.  If you paid 60% of the book value for
> the car, there is no reason why you should expect more than that.
>
> I'm not trying to be a bad guy here, but I just want you to know that
> you can hire a law firm to represent you on this, but you will probably
> spend a lot of money and get nothing more on the car.  You can negotiate
> the medical bills, including bodily injury compensation with the
> offending company.  Do you have to accept their offer?  No.  You don't
> have to accept anything, but be aware of the laws of your state.  You
> may have only a certain amount of time to negotiate a settlement.  I
> know a guy who bought a flood-damaged car which had a salvaged title.
> It was a 2000 Mustang GT.  The book on the car at the time of sale was
> $17K.  He bought the car for $6K and got it back in shape for about $3K
> more, so he had $9K in it when he got drunk and totaled the thing.  The
> insurance company offered him $9K for his car.  He went to several
> sources and found a value of $16775 for the car.  The company wouldn't
> budge due to the fact that he would make a $7700 profit if they were to
> settle at that figure.  He sued.  He lost.  He got the $9K, but was out
> $1200 in legal costs.
>
> Ron
> 98 TR
> 92OW
> Insurance sales/claims for nearly 20 years
>
>
>
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