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Double Ouch!

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Old Sep 24, 2005 | 11:50 AM
  #1  
rcullinan's Avatar
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Unhappy Double Ouch!

First the wreck, then the cost. My 2005 Silver/Gray FX4 (w/ all the extras)sits silently crumpled at dealer body shop.
Was T-boned by lady in minivan. Hit me at right rear tire. Told cop she was only going 35 mph but spun my 3-ton beauty 180 degrees and then she hit a guardrail hard enough to dent it 12" deep. Trashed the bed, tore upper shock mount from the frame, broke hub from axle and tore drive shaft loose. More damage but too depressing to continue.
Even more depressing? Had just finished adding mods - AF1, Blk billet grille, blk headlights, Line-X, Magnaflow SIDO, XCal, Silverstar fogs, biller antenna, Autospring, window tint, trailer brake controller, etc.
Repair estimate: $17,700. Insurance carrier doesn't want to total it.
After being rear-ended TWICE and now this, wife thinks truck is jinxed and wants it replaced. Thinking VERY seriously about ordering a 2006.
Everyone on this forum has been so informative about how to make our trucks all they can be. Thanks!
Now I need your advice on how to best handle the insurance issue. Choices seem to be: (1) get truck repaired then sell privately or trade it in. But I'll get hosed even if repairs are perfect since it's then an "extensive previous damage" vehicle. (2) Per dealer Sales Mgr, sell it at an auto auction in "As Is" condition and just get a check from insurance company.
Any input you guys can provide is greatly appreciated.
 
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Old Sep 24, 2005 | 11:57 AM
  #2  
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From: San Antonio Tx
I'm sure the truck is financed right? Selling it at an auction and taking the ins check is probably not an option. The ins company will make it out to the body shop and the lienholder and not to you. Probably the best thing to do is just get it fixed and trade it imo.
 
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Old Sep 24, 2005 | 11:58 AM
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Honestly, $17,000 worth of repairs. I'd really push for it to be totaled, its going to kill your re-sale value.
 
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Old Sep 24, 2005 | 11:58 AM
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From: Nashville, TN
I am assuming that the insurance company paying for the repairs is the other driver's insurance company? Personally, I would demand that they total the vehicle. It is your right, since the damage was the fault of another driver. If they refused, I would begin to develop neck and back pain and I would sue for loss of quality of life.
 
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Old Sep 24, 2005 | 12:14 PM
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I'm with freekyfx4---ooh, my neck is getting stiff just thinking about it. Seriously, I'd turn from teddy bear to grizzly bear in no time flat if they resist totalling it. Good luck!!!!!!!
 
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Old Sep 24, 2005 | 12:22 PM
  #6  
anaheim's Avatar
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From: Anaheim, Ca.
Wow...17K to fix, and i thought 12K to fix mine was alot. I would first push for insurance to total it. If you fight them and they won't, guess i would get it fixed and try to sell it private party first, then if that didn't pan out auction.
 
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Old Sep 24, 2005 | 01:48 PM
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From: Knoxville, TN.
If you trade it in, and get less for it because of the damage, the insurance company is responsible for the difference.

The tricky part is getting the stealership to denote that the lower trade in value is due to the damage, and not other market forces.

I would trade it in anyway, rather than drive a wrecked truck.

Good luck.
 
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Old Sep 24, 2005 | 03:08 PM
  #8  
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Personally I would invest a few hundred dollars into a lawyer to make sure all you’re bases are covered and apply undeniable pressure to the insurer. Then I would get that truck out of my life. I don’t believe in curses but 3 accidents on one truck is pretty crazy.
Good luck to you!
 
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Old Sep 24, 2005 | 03:58 PM
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From: Marion VA
If the damage is being paid by the other driver's insurance company, you should ask for payment for diminishment of value (that is the difference in value of your vehicle before the accident and after the accident after it has been repaired). If it is repaired perfectly and the prior accident doesn't show, it will still show up on Carfax and it will have to be disclosed to the new buyer. The potential payment for diminishment of value plus the cost of a rental while it is under repair may be enough for it to be totaled. If the accident was the fault of the driver of your vehicle, then you will have to eat the loss.

I adjusted claims for 31+ years and I always knew of rebuilders who were interested in purchasing vehicles (especially nice late model 4X4s) that were heavily damaged but not totaled (keeps the title clean). Many times, the insurance check plus the price they are willing to pay for the damaged vehicle is enough for you recover your loss and buy another vehicle. Ask the adjuster and the body shop for suggestions of potential buyers.
 
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Old Sep 24, 2005 | 04:17 PM
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kd4crs's Avatar
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From: Central KY
If your state is one that recognizes "Diminished Value", that amount plus the repair amount should make the insurance company want to total it. You are definitely in lawyer territory, so talk to your attorney.
 

Last edited by kd4crs; Sep 24, 2005 at 09:20 PM.
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Old Sep 24, 2005 | 09:27 PM
  #11  
osbornk's Avatar
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From: Marion VA
Originally Posted by kd4crs
If your state is one that recognizes "Diminished Value", that amount plus the repair amount should make the insurance company want to total it. You are definitely in lawyer territory, so talk to your attorney.
I would suggest that he first broach the subject with the adjuster and see what the response is. The adjuster will be very familiar with the laws and results of court cases in his state (or his manager will).
 
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Old Sep 24, 2005 | 09:37 PM
  #12  
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From: Central KY
While I'm sure the adjuster will be familiar with laws and regulations, his job is to limit the insurance company's exposure by reducing the amount of the claim wherever possible. In a situation such as this I would want someone who works for ME to safeguard MY interests NOT the insurance company's interests. This is just my opinion, and should in no way be construed as professional or legal advice. YMMV.
 

Last edited by kd4crs; Sep 26, 2005 at 04:39 PM.
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Old Sep 24, 2005 | 10:55 PM
  #13  
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I would take that truck home, tear it down, and keep finding more damage. I would inform the adjuster I will continue to call him for the additional damage. I am sure there is enough additional damage on a 17k hit to total it. Good luck!
 
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Old Sep 28, 2005 | 01:42 PM
  #14  
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From: NW Indiana
I would have an attorney write a "demand" type letter to the drivers insurance company: this is usually fairly inexpensive and most of the time will get them to come around to your point of view.
 
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Old Sep 28, 2005 | 04:30 PM
  #15  
osbornk's Avatar
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From: Marion VA
Originally Posted by Lars464
I would take that truck home, tear it down, and keep finding more damage. I would inform the adjuster I will continue to call him for the additional damage. I am sure there is enough additional damage on a 17k hit to total it. Good luck!
If the adjuster is any good, that much additional damage won't be there. If you try to fabricate additional damage and it is proven, fraud is a felony. Digital cameras and witnesses that also saw the damage can assist the adjuster (you may be a one time customer of the body shop but the insurance company is an ongoing customer). As an adjuster, I sometimes spent more than the claim on expert witnesses to prove fraud. It didn't save money on that claim but it sure prevented future fraud in the area. Also, if you prove fraud, the entire claim can be denied.
 
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