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.

If you are doctoring for injuries as a result of this event you are already late in contacting an attorney.

Been there, done that, three times.

Get a lawyer. NOW!

You’ll likely need one to make the responsible insurance company compensate you fairly.

Allstate wanted to give me "book value" for a stolen 911.

I got a lawyer involved, who basically told them "Book value? That book is not a catalog. You can't order a car from it. You need to find an acceptable replacement car for my client, we don't care whether it costs more, or less, than the 'book value' that you are offering, we just care that it is an equivalent car."

quote:

Originally posted by 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.

^^^ THIS! ^^^

Thankfully you weren't hurt too bad.

Funny you mention this, because I'm going through this same situation with my son and his car as we speak. It's rather frustrating.

What can you expect from your Insurance Company?
What was the Blue Book value of your car? How much in Medical Bills? You'll get your deductible back. And probably just that. Most insurance companys will cover a rental car for about 7 days while YOU get the joy and pleasure of looking for a new car.

I have State Farm, the dick-lipped asshole who intentionally backed into my son's car (with video to prove the accident), and totaled his '07 Ford Fusion w/ 120K miles, gave my son a slight concussion has AAA.

They covered the initial Dr's visit, but not the follow up to the hospital. They are covering about $250 over what the Blue Book value is. I had to argue with my insurance company to cover the 2nd visit to the Hospital- A friend who was in the Insurance business stated that Insurance Companies view that as "trying to milk more money out of the company".


I talked to 3 different lawyers who all stated the same thing- My Son's injuries were not significant enough for them to go after.

Now I have the joy of helping my son look for another car.
Not much out there for $5700 that's decent, so that means I'm going to have to toss a few $ at the purchase.

I feel your aggravation!

quote:

Originally posted by 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.

It's been a few years (well, more than a few), but Corboy has the reputation they have because they only take the big cases.

Back when I worked in insurance defense, the rule of thumb (assuming liability was clear) was 'three times specials'. Whatever you are out-of-pocket, you could expect to get 3x that amount in compensation.

Tell the AllState rep he should rethink his position. If not, you could always run the claim past your lawyer. That should get his attention.

ETA: But, I also agree that you are better off getting an atty (although not as much fun as screwing around with a claims adjuster).

quote:

Originally posted by 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

Well, my client is self insured, but . . .

Slight drift

Would you have been less injured in a newer car with the extra airbags ?

I have been in a couple accidents and will always use an atty from now on

Thanks everyone. Attorney selection in progress.

While you are finding your attorney I will tell you my experience here...

Back in 2021 I was involved in two car accidents in 36 hours.

In the first case I was driving my wife's vehicle with the entire family in the car when someone turned into our line, on a red light. End result was a totaled car on my side, no injuries. Reported to my insurance the day off (it was july 4, so they simply took the details and said I'd hear from an adjuster after the holdiay).

about 36 hours later I was in my 2002 F150, alone, stopped at traffic (but not at an intersection), when I was rear-ended by a Mazda sedan going maybe 35-40. The impact pushed me into the minivan in front of me and them into a Tahoe in front of them. As I watched the responders deal with the hysterical at-fault driver and the people in front of me who were already playing the injury called the adjustor for the first wreck called me, I told her what had just happened, so she opened two claims.

Fast forward:

Both cars totaled. I dealt with my insurance the entire time. They said I could choose to either deal with the other insurance directly or just run it through my insurance. It seemed like it would be easier to keep it with my insurance, so I did.

Deductible immediately waived for the second accident, obviously at fault. Deductible provisionally waived, based on my statement, for the first. That one took longer to sort out because the at-fault driver made untrue claims about me making an illegal U-Turn. Once that lie was cleared up (get witness contact info people!) the deductible was waived.

The Ford was declared a total loss nearly immediately based on age and pictures I submitted of the severely bent frame. I fought them HARD on value... They offered 7k, roughly, at first. I sent a LOT of pdf's for similar trucks (by similar I mean full size domestic pickups, 4 doors, with 4wd and v8's). They tossed most of them and said they only consider the SAME model from the SAME make for +/- 1 model year (so a 3 year range).

Of course, there was hardly any of those. I kept pushing back after expanding the radius for search. Eventually they offered me $13,500 (rughly) for vehicle replacement, which I accepted. Later on, the insurance company for the at-fault driver called me and asked about other expenses... They compensated for car seats that were in the truck (I provided receipts for the replacements I had already purchased), they provided me a refund for a visit to PT/Massage therapist to work out some kinks (I provided a receipt), and they paid me out for 2 days work that I called in sick for. Fair of them. I'm glad I wasn't injured, it was a HARD hit.

Back to the first accident which took an extra month to work through.... my insurance offered me a fair value on the first offer... I don't know if it was because the adjuster was already tired from our fight about the F150 or not, but I was glad to not fight with them on that one too.

In the end, my insurance sought repayment for the claims with the at-fault drivers after they paid me out.

I don't really regret doing it that way, but it was stressful. Were I injured, I probably would have found an attorney. But I wasn't injured and wasn't going to pretend I was.