Need Advice on Auto Accident

[HILCLMR]

So I was in an accident and my vehicle was totalled, no collision insurance coverage on my vehicle.
It was only a winter beater/commuter vehicle.
I was not at fault, it was the other persons fault, the RCMP ticketed them at the scene.
My question is this, the person that hit me was in a company vehicle, so the company's insurance.
Now going through insurance I am not going to be reimbursed for what my vehicle is worth, let alone the parts that are on it.
What are my options here?
Do I go through their insurance?
Do I sue the company?
I already spoke with the company involved and they are wanting to go through the insurance route, and not wanting to settle without insurance.
Thoughts?

 

[cobraclone]

I have been in this situation before unfortunatly. The best thing to do is find as many listings as possible for your vehicle from kijiji or where ever to get a fair market value of your vehicle. Be prepared for the lowball because its coming and just keep rejecting their offers until it suits you. Also, if you still have the vehicle, try and remove all of the goodies that are on it as they will not fairly compensate you for them.

 

[moyiesledhead]

I believe if you're not happy with what their insurance is going to pay you, your only recourse is to sue their insurance company. I think you can only sue the company if they have no insurance, or if you can prove negligence on their part. I've been wrong a lot lately though.

 

[Cat401]

I think it goes like this.....if your vehicle is special and worth more than what the blue or black book says, then you should have had it insured for that amount....then you would have a leg to stand on here. If not, you may be able to negotiate a few extra dollars from the insurance but basically, your screwed.

 

[tex78]

I think it goes like this.....if your vehicle is special and worth more than what the blue or black book says, then you should have had it insured for that amount....then you would have a leg to stand on here. If not, you may be able to negotiate a few extra dollars from the insurance but basically, your screwed.

But it's not his insurance , not his fault

How does what u pay for, make what there willing to pay for equal

sent while I should be drinking tea's

 

[imdoo'n]

But it's not his insurance , not his fault

How does what u pay for, make what there willing to pay for equal

sent while I should be drinking tea's

haha, you think anyone is going to pay you what you think it is worth haha. was stated it was a winter beater, they will pay you book value or what they think it is worth, u can sue, good luck with that as you'll have better luck winning the lottery. haha.

 

[KatMan]

they need to compensate you for a fair replacement value, you have to fight and prove what that is(they will low ball you first to see if you don't want the hassle)

if it was is in rough shape, they will give you fair market value of a rough shape vehicle. Yah, chitty unless your vehicle is only worth $500, then you would have come out ahead.

i'm hoping someone hits my ride this winter,,,,,

 

[tex78]

haha, you think anyone is going to pay you what you think it is worth haha. was stated it was a winter beater, they will pay you book value or what they think it is worth, u can sue, good luck with that as you'll have better luck winning the lottery. haha.

What I was trying to say if u only have plpd, no comp

That how does that make it worth less or more


It's the receipts u have for say a engine and trans with low km

Say u have 6 grand in that work done without what the vehicles with , they offer u 1500

Pissed off right there wouldn't u be larry

sent while I should be drinking tea's

 

[Cat401]

But it's not his insurance , not his fault

How does what u pay for, make what there willing to pay for equal

sent while I should be drinking tea's

I realize that but if he had it insured through his insurance with a higher value because of some accessories or mods (likely need to have an appraisal), then he has some argument with this company and his ins co would likely speak up for him. But if he was insuring it as an old "beater" and now saying "hey...its got some extra ______", whatever...paint, accessories, etc, he likely has no argument except sometimes if you talk to the other insurance adjuster and show him some extra value, they may throw a bit more money at it.

 

[Cat401]

What I was trying to say if u only have plpd, no comp

That how does that make it worth less or more


It's the receipts u have for say a engine and trans with low km

Say u have 6 grand in that, they offer u 1500

Pissed off right there wouldn't u be larry

sent while I should be drinking tea's

If you can show receipts for recent major work done, that is where they may throw a few extra bucks at it.

 

[tex78]

I realize that but if he had it insured through his insurance with a higher value because of some accessories or mods (likely need to have an appraisal), then he has some argument with this company and his ins co would likely speak up for him. But if he was insuring it as an old "beater" and now saying "hey...its got some extra ______", whatever...paint, accessories, etc, he likely has no argument except sometimes if you talk to the other insurance adjuster and show him some extra value, they may throw a bit more money at it.

But what I'm asking is, what does what u have it insured for have to do with the others company ??

Unless it's ur fault, then yes should be close to what u are paying comp for

sent while I should be drinking tea's

 

[Cat401]

But what I'm asking is, what does what u have it insured for have to do with the others company ??

Unless it's ur fault, then yes should be close to what u are paying comp for

sent while I should be drinking tea's

It only gives you a better argument or better leg to stand on because you have some proof through your insurance co that you were insuring it for more.....in the end it is the choice of the other guys insurance of what they want to pay you.

 

[imdoo'n]

i have been there done that, you may get blue book or slightly better, but not much, you can take it to court, but they will have a lawyer there, it will cost you $$$$ to have one and he will be having his hand out also. as stated you are better off removing said shiny parts to resell or reuse.

pissed yes but that is how it is.

 

[whoDEANie]

Don't worry man, you'll get your money. Even if your insurance company would cover all the paper work for pursuing payment from the other party's insurance company, I would try to stray away from that if I could (as long as you're not injured) - it only gives them ammunition to raise your rates more if you have some sort of other incident in the future. Instead, I would first try to engage the other party's insurance company directly.

When it comes to negotiating payment with the other party's insurance adjuster, be patient. They guys are right - they will always try to low ball you a little (or a lot), so appreciate the fact that you have room to negotiate. Sometimes, if you leave them with the impression that you simply can't afford to take a low offer, they will work a little hard to report more value in your vehicle. Receipts for repairs, extras, etc. go a long way when trying to get the best possible appraisal value.

 

[Tdk]

Coverage will follow the vehicle, so his companies insurance will apply. All insurance companies are different, some will use blue book value and some will use market surveys. A deduction will be taken if there is any prior damage to the vehicle. Keep in mind blue book rates a vehicle in good condition. If you have done any recent repairs provide them with invoices for proof. If they use a market survey and for example 3 vehicles found at $5000 and 3 found at $3000, you will get paid off the lower average. But they should be comparing miles and options. Good luck.

 

[PS94]

I knew a gal, had got a decent deal on a little Mazda. she got T-Boned, and they offered her what she paid...then slightly higher....Suddenly, someone had made several kijiji ads with the pictures of her car, same mileage and options for more than fair market price....She then asked them to find her a 2009 Silver Mazda 3, for the dollar amount they'd offered they could not....strangely, they raised their offer to the value of one of the kijiji ads! Might be worth a shot in your case...

 

[HILCLMR]

Wow cool!
I just got back from the hospital, all checked out. Few bumps bruises.
My dilemma is that I have most if not all the receipts for the parts, but the labour, my labour is what is going to kill me.
like you guys I like bolting on stuff, making it better. I literally stole this vehicle from the guy selling it, I knew what it was worth, so did he. He needed money more than me.
I've more than doubled what I paid for it in parts alone not including my labour. So yeah, I'm going to follow your guys advice and reject offers until I get whats fair.
I will post pics when it's all done, because we all love carnage pics.
I just don't want to right now incase it jeopardizes my claim.
thanks guys

 

[HILCLMR]

Carnage Pics as promised

 

[HILCLMR]

Re: Carnage Pics as promised

One more;

 

[HILCLMR]

Re: Carnage Pics as promised

I took all of your advice and held out for a reasonable offer from insurance, and I was very happy with the result, so thank you everyone for the advice. It payed off in the end for me!
Now I have a 4 door JK to build!