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Old 07-17-2003, 10:08 PM   #4 (permalink)
Sion
Dumb all over...a little ugly on the side
 
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Location: In the room where the giant fire puffer works, and the torture never stops.
as I understand the insurance laws here in Ohio (and they vary from state to state, so look into it in your state) the choice of whether to total the car is NOT up to the insurance company. if it was YOUR ins. company and you had backed into a telephone pole, for example, it would be another story. but since their client damaged your property, they have to repair or replace the car to YOUR satisfaction. If you would rather keep the car and have it repaired, then that is your choice. If you've wanted to replace the car anyway, then take their settlement, but DO NOT take their first offer. Remember, it is an insurance company and they will always try to screw you. Look at it this way: their client did $2100 of damage to your car. So, they owe you $2100. It really is that simple. The value of the car is irrelevant, because they dont carry the policy on the car, your ins. co. does. A friend I work with just went through this exact same thing last fall. He told them where to go and in the end, he got the car repaired, because they would not give him enough otherwise to replace the car with something in similar shape/condition.

remember, as the aggrieved person in this case, the other guy's ins company has to satisfy YOU. Be firm. Be willing to bring in a lawyer if necessary. They want you to sign off on their bullshit deal asap. This is NEVER a good idea. The longer you stand firm, the more $$ it costs them. Stand firm and come out ahead.


as for Ashtons suggestion that you take a deal that includes you keeping the "totaled" car, that's not a bad idea. but be aware of this: afterwards your car will have a "salvaged" title, which will lower its possible resale value. if you just want to get it fixed and keep driving it, no problem, but whenever you try to sell it, you wont get as much for it.

as for what I would do in your situation, well, I'd need more info on the car. but probably I'd make the ins co a deal:

$2100 straight up, they keep the car

or

$1500 and YOU keep the car. chances are good that you could get the damage repaired for under $800 (if you know a good mechanic who does work on the side, or you do the work yourself, and if you have a connection who can get you the parts at a reasonable price.)

because I could do the work myself, and I know where to get parts cheaply, I'd take the second option and would probably profit about $500-$700 on the deal.
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