What can I expect in compensation from the insurance company?
A guy runs a red light and totals my 2002 BMW 330ci coupe w/5-spd and 172k miles. I have some injuries that I am getting medical and PT help for but otherwise I'm ok. I'm looking for some advice from the Forum brain trust on a couple of questions.
His insurance company, Allstate, wants to total my car and write me a check for it. I think they are a little light on the value. I haven't been able to find car like mine, let alone for the $5440 they are offering. They use a third party, CCC ONE, to provide a Market Valuation Report. They wont budge from value determined by CCC ONE. They told me if I don't like it, I could always run the claim through my insurance company, State Farm. Not sure that would be any better. In addition I'd have my $250 deductible to pay. What recourse do I have here?
Several family members said that I should also be getting compensated for the inconvenience of not having a car, having to look for a new one, etc. Does anyone know what is customary for insurance companies to do in this regards?
Thanks all.This message has been edited. Last edited by: bob ramberg,
Bob Carpe Scrotum
July 14, 2024, 10:12 PM
armored
Sounds like a lot of loose ends to deal with. If you have injury's get a lawyer fast. In Chicago I would recommend Corby & Demetrio.
July 15, 2024, 06:18 AM
DaBigBR
Talk to an attorney.
If your car is totaled and you have injuries and the other driver is at fault, it is unlikely that the insurance company is going to want to litigate it.
My guess is you can be more fairly compensated.
July 15, 2024, 07:01 AM
ScreamingCockatoo
You are not obligated to sell them your car. I had to play this game in January. I rejected all their “offers”.
If they become obtuse, hire an attorney. That cost them way more then just replacing the car a fair market value.
He who fights with monsters might take care lest he thereby become a monster.
July 15, 2024, 09:04 AM
Fly-Sig
Yes, talk to a good local attorney.
You would be entitled to a rental car or other expenses (Uber). Cost of getting to/from medical appointments.
Whether the other guy paid for sufficient insurance is a different question.
My experience with insurance claims is they are bullies who stall and make lowball offers, figuring you will just give up. Since you have injuries I think a lawyer is your best plan.
July 15, 2024, 09:30 AM
smschulz
Get them to pay you and also give you the car. Restore it (it will no doubt cost more than what you get). As a nostalgic BMW guy myself (have 78 E21) it would be hard to see it go.
Cool Jay Leno video make me reminisce.
July 15, 2024, 09:37 AM
egregore
quote:
Several family members said that I should also be getting compensated for the inconvenience of not having a car, having to look for a new one, etc.
I don't think time, even that taken off from work, is compensated.
quote:
In addition I'd have my $250 deductible to pay.
If it was 100% the other driver's fault, you shouldn't be paying that. If you do pay it, you'd get it back.
July 15, 2024, 09:38 AM
Black92LX
Pay your $250 deductible to your insurance and have them do all the leg work. Get your $250 back when they are done doing all the work and they get compensated from the other party.
I never understood why anyone tries to go at it on their own. You pay your insurance company for a reason.
———————————————— The world's not perfect, but it's not that bad. If we got each other, and that's all we have. I will be your brother, and I'll hold your hand. You should know I'll be there for you!
July 15, 2024, 09:39 AM
HRK
2002 BMW or BMW 2002, big difference, you'd have to find someone who will go after the insurance company on the property issues. You will want to go after a Diminished Value Claim along with any other things the carrier is contracted to cover. You can always sue the person that hit your vehicle for any values that the carrier isn't willing to cover.
Most PI attorneys won't deal with property issues, the money just isn't there like it is in personal injury.
Since you are dealing with medical issues, then you need to get to the top PI attorney in the area, and in some states you have limits on the time to file and a limit on the time you have to get checked out.
July 15, 2024, 11:11 AM
jhe888
quote:
Originally posted by bob ramberg: A guy runs a red light and totals my 2002 BMW 330ci coupe w/5-spd and 172k miles. I have some injuries that I am getting medical and PT help for but otherwise I'm ok. I'm looking for some advice from the Forum brain trust on a couple of questions.
His insurance company, Allstate, wants to total my car and write me a check for it. I think they are a little light on the value. I haven't been able to find car like mine, let alone for the $5440 they are offering. They use a third party, CCC ONE, to provide a Market Valuation Report. They wont budge from value determined by CCC ONE. They told me if I don't like it, I could always run the claim through my insurance company, All State. Not sure that would be any better. In addition I'd have my $250 deductible to pay. What recourse do I have here?
Several family members said that I should also be getting compensated for the inconvenience of not having a car, having to look for a new one, etc. Does anyone know what is customary for insurance companies to do in this regards?
Thanks all.
I defend car wreck cases for a client. Many plaintiffs make claims like those you describe. Many also hire plaintiff's lawyers who inflate the medical claims by sending their clients for unneeded medical services to run up the damages claims. Just be aware.
You should probably talk to a lawyer. The insurance company is doing what they do and trying to minimize their costs.
The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
July 15, 2024, 11:23 AM
selogic
First , be thankful that you have another insurance company to even go after . My wife got T-boned by a drunk driver . They had to cut the car up to get her out of it . Cracked ribs , partially collapsed lung , and over 60 stitches in her arm from the surgery to remove the glass fragments . Two days in the Hospital and a month off of work . This jackass had NO Drivers License , NO job , NO Insurance , and NO assets to go after . Fifth offense DWI , think about that for a minute ...He couldn't bond out of jail so he had to sit it out until his trial and got credit for time served . The wife's car was fairly new so not a lot of equity there . That accident cost us money even with insurance . But the old girl lived to tell about it , so thank God for that . Sorry to ramble on but I'm still pissed about it .
July 15, 2024, 11:32 AM
old rugged cross
I am glad you are getting attn. and feeling better. Sorry you got hit.
Fwiw I know little about the value of your rig. But $5000+ seems in the ballpark to me. Maybe $6000ish. Being made whole financially in these situation is dubious usually.
Best of luck.
"Practice like you want to play in the game"
July 15, 2024, 01:21 PM
Georgeair
quote:
Originally posted by Black92LX: I never understood why anyone tries to go at it on their own. You pay your insurance company for a reason.
This times a thousand! If you're not at fault I don't think it affects your rating, but even if it did in a case like this managing the whole process through your carrier is best.
You only have integrity once. - imprezaguy02
July 15, 2024, 01:45 PM
airbubba
being totaled on a 22 year old vehicle could be assessed for any what appears to be minimal damage, hard to find parts or vehicle totally destroyed.
you didn't provide any pics, so t-boned at 40, bumper, fender, rear ender??
on cargurus, nationwide i see one coupe with 80k miles for $7600.
depending on the damage, take what they offer, buy back, rebuild!!
I can't imagine how light you think they are. I had a 2011 w/70k miles totaled and insurance gave me just under $12k.
That aside, you're under no obligation to take it. If they want to total it, tell them to find you a like year and mileage car that you are agreeable to.
But you should have a lawyer anyway considering you also have no car and injuries. They need to pay for all your inconveniences, not just a totaled car.
Hedley Lamarr: Wait, wait, wait. I'm unarmed. Bart: Alright, we'll settle this like men, with our fists. Hedley Lamarr: Sorry, I just remembered . . . I am armed.
July 15, 2024, 03:10 PM
Jester814
quote:
Originally posted by Black92LX: Pay your $250 deductible to your insurance and have them do all the leg work. Get your $250 back when they are done doing all the work and they get compensated from the other party.
I never understood why anyone tries to go at it on their own. You pay your insurance company for a reason.
Yep. This is your insurance companies job. They have been doing it for years/decades.
________________________________________________
July 15, 2024, 03:16 PM
12131
His insurance company is Allstate. Yours is "All State". Two different companies?
Q
July 15, 2024, 03:38 PM
BurtonRW
quote:
Originally posted by jhe888: I defend car wreck cases for a client. Many plaintiffs make claims like those you describe. Many also hire plaintiff's lawyers who inflate the medical claims by sending their clients for unneeded medical services to run up the damages claims. Just be aware.
You should probably talk to a lawyer. The insurance company is doing what they do and trying to minimize their costs.
+1
That’s two insurance defense attorneys telling you to talk to a local attorney.
-Rob
I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888
A=A
July 15, 2024, 03:43 PM
HRK
First rule of insurance claims, never talk to the insurance company on your own, especially if you have injuries.
Everything you say is recorded, either text, email or phone.
I'm not an attorney, but, I did sleep in a Holiday Inn express, next to an attorneys office, down the street from a civil court house once..
July 15, 2024, 05:39 PM
1s1k
quote:
Originally posted by smschulz: Get them to pay you and also give you the car. Restore it (it will no doubt cost more than what you get). As a nostalgic BMW guy myself (have 78 E21) it would be hard to see it go.
Cool Jay Leno video make me reminisce.
[FLASH_VIDEO]<iframe frameborder="0" height="315" src="https://www.youtube.com/embed/3-pr1aZcziM?si=1gwZQrwW4ifgkgYz" title="YouTube video player" width="560"></iframe>[/FLASH_VIDEO]
Those are cool but it appears the year is 2002 not the model because he listed the model as a 330.
