some good news

[87GNattyKid]

the insurance company got back to me with their value of my car. fourtunetly they took it upon themselves to get a specialty appraiser for the car and he valued it at $13,400! the bad news, i only get half of that since there were no witnesses (its split 50/50 liability) so, my question to you guys is, should i try to haggle with them and try to squeeze a little more $ out of the car since that was their first offer at the value of the car OR did they really give us a very reasonable value since both parties (me and the lady that hit me) have the same insurance? Also, my dad said if they price the salvage at $1000 or more we're just letting them have it...is that such a great idea? i kinda think i could make a little more then that if i parted it out? thanks in advance.

 

[ijames]

Can't comment on the $13,400 since I know nothing about the car, but a running stock motor and trans is worth $1500-$2500 (or more) depending on mileage, etc, and a good posi 8.5" rear is worth maybe $600-1000, again depending on mileage and where you are (an open 8.5" is maybe $100-300 less). I'd pay anywhere up to $2000 as a salvage price, myself (assuming you have a place to store it for a little while and can do the labor yourself to pull it apart). That's the big items. All the little stuff from the interior, bumpers, aluminum bumper supports if you have them, powermaster, rims and tires, gas tank, whatever, all add up but take more and more time to get less and less back .

 

[xrunner123]

Hmmm. Is this an accident? Do you have a police reporT?
I had an accident once in which was 100% my fault and they paid 100% of the costs less deductable. I think they're trying to screw you. Demand full payment.

 

[IrvJr]

Get a lawyer. I never heard of them splitting it 50/50. Where does half of the value of your car go? To the other driver? Back to the ins co? Makes no sense. I 2nd the demanding of full payment. Where in your policy does it say you need witnesses for full coverage? It doesnt.

 

[salvageV6]

Read over your policy very carefully as others have suggested.

Inurance is to cover your loss not place blame.

Find the clause that says arbitration and tell them you are going to use that route and get your own appraisal a few thousand higher.

If they don't come up with a better offer tell them you may have to hire an attorney, you won't be lying either.

Read about the appraisal/arbitration clauses, and any other clauses that says anything regarding payment due to your fault or half fault in an accident.

Unless there were serious tickets and criminal charges filed they should cover you 100%.

Don't take and cash any checks either unless they are for the amount you want.

 

[salvageV6]

One other thing is to tell them you are contacting your States Insurance commissioner to find out about the 50/50 split.

And it would be a good idea to call the State regarding that as well.

Get as much info. when dealing with them as you can.

You have to be very vigilant and proactive here or they will screw you.

 

[Grumpy]

50/50 ??? ya right Did YOU have ins on YOUR car or are you collecting on the lady that hit ya ??

 

[GNBRETT]

Can you explain how the accident occurred? The police are not there to determine who is at fault. That is up to a judge, jury (if taken that far) or the insurance company.

The police are simply there to document the time and place of the accident and determine whether or not state statute has been violated and therefore take the appropriate enforcement action.

On most police accident forms there are sections that dictate which vehicle contributed to the accident and what occurred to cause that to happen (Traveling too fast, failure to grant right of way, etc....)

When an accident is investigated and the police cannot determine who actually violated state statute. (Example: Two vehicles make contact at an intersection and no witnesses and one obviously ate the red light) This would result in the police officers report indicating "No enforcement action taken, conflicting stories with no corroborating witnesses".

So it is possible for an insurance company to settle with a dual claims since both vehicle are damaged and there is no way to determine who is at fault from the insurance companies perspective.

Attorneys are usually called in when accidents like this occur and then hire professional accident investigators to see if something was over looked by the police.

 

[87GNattyKid]

i didnt have collision on my car, im collecting from her. so, i get the % value of whatever blame is on her, which is 50%

 

[Grumpy]

hope you "learn" something from this experience

 

[BOOSTBROTHER]

I am calling BS on this one.

 

[87granny]

I am calling BS on this one.

Yea so am i, i would fight this i have never heard them splitting anything if your going after her insurance company weather it's the same or not if they pay you and you don't have full coverage and see doe's then they are paying from her policy and thus she is at fault get a lawyer this sounds fishy where is the police report she chimbed over your car almost so i would have to guess she was on the phone and speeding and didn't see the red light bottom line talk to a lawyer. Me and the pole i hit with the wife's suv didn't go 50/50 Brett has said it best i agree with his whole post

 

[Brad Conley]

He didn't have any coverage on his own car for collision. Collision coverage is what pays you when you damage your car (and in other cases too). Since he didn't have collision, HIS insurance company will NOT help him. He is depending upon the other parties liability coverage for his damages. The other parties company, which just so happens to be his own liability carrier, said he was 50% at fault, so they are only going to pay 50% of his claim.

Just as an additional piece of information, that also means that HIS liability coverage is going to pay 50% of the other parties damages.

Moral of the story...BUY COLLISION COVERAGE ON A VALUABLE CAR!!!

 

[VADER]

When I read this post, I figured he just had liability. I dont know the circumstances of the accident, but do you feel somehow you could have avoided it or caused it?

 

[87granny]

Wait a minute she hit him from the pics he had posted he didn't hit her i don't undersatnd how it's his fault. Brad i understand what you said about collision and i agree he should have had the car insured correctly but he got hit not 50/50 on the blame

 

[DetroitMuscle]

Make sure that you get full coverage insurance (or agreed amount) on any collector car you drive.

 

[Brad Conley]

Wait a minute she hit him from the pics he had posted he didn't hit her i don't undersatnd how it's his fault. Brad i understand what you said about collision and i agree he should have had the car insured correctly but he got hit not 50/50 on the blame

We do not have a copy of the police report. We do not know the statements made by the other party. We were not witness to the accident. There is no way to know the exact circumstances surrounding this claim.

Not to slam the OP, but ask yourself a question. Do you believe a story by, probably, a middle class lady with whom you probably have had covered for many years or some young kid with a hot car? Not saying it's right, but people will make judgments, right or wrong.

 

[Blown&Injected]

Sounds like Compensatory Negligence. In some areas there are Contributory Negligence laws that hold that if one is even 1% wrong they are barred from any recovery but I have never heard of it being used in an insurance case - maybe because you do not have coverage and the other company is only willing to go so far if some blame (50%) has been assigned to you.

But it has been some time since I studied this stuff.

 

[Grumpy]

imagine if the car had been stolen $000000 .. I def believe the 50/50 with him having no insurance

 

[wile87]

didn't you say you had a friend with you when you originally posted the accident?