Need advice to settle an Insurance Claim - PeachParts Mercedes-Benz Forum

arcticathlon · #1 07-10-2007, 05:37 PM

I was involved in a accident on the 4th of July, and am now ready to get my car fixed. well the thread is here ( http://www.peachparts.com/shopforum/showthread.php?t=193224 ).

the issue i have is that i was going to get my car painted in about 3 months, and state farm told me to pick a place that i want it fixed at. but i dont want it repaired and painted back to its currently cruddy paint job, and want to find a shop that i can pay extra to do an estimate for the insurance co. and then let me pay them to paint it all the way around, not just the door and fender.

Ok so that is what i was thinking of doing, but i called the first body shop and they said that it wont be able to do that because it has to take pictures of the car before and after, yada yada. they said it is easier to get a check cut to you and then i can fix whatever myself and use the other money to paint it. this makes the most sense to me, but now the question is how do i not get ripped off via the adjuster that will come out.

i already have the receipts taken out of the filing cabinet, and ebay print outs of decent cars in the 4-6k range. I know that StateFarm uses nada.com to figure the worth of the vehicle and my 1985 300D was not listed under the normal used car place but only under the classic/collector section. There it did not have any options that I could choose with the vehicle but it just gave a base price of 4k low, 6k mid and 10k for collector. I would consider mine a 5k car via the description it gave. Will I be able to use this to my advantage to not have them Total the car or just give me $1500?

That is the vehicle dilema I am in, but I also don’t know what to do medically. I was hit in the side and did not sustain any major injuries, only a headache and a scrached hand. I went to the hospital the night of the wreck and they just looked me over and asked if I had any of the major head injury symptoms. After that they said come back if you have any other problems. Well after talking with statefarm they said that I should send them any bill I incurr medically and that I should send them in to them as I receive them. My plan is to get checked out again and they asked if I would. They then said that once the bills have come in, that I can call them to settle. I wrote down each day what my aches and pains were, which dealt mostly with just a sore neck and headaches. So what do I try to settle for? How much can I ask, and how do I squeeze the most out of them, because I know they will lowball me on my Vehicle.

Any advice would be appriciated,

Dan

winmutt · #2 07-10-2007, 05:42 PM

My 2 cents. When trying to find comparable pricing dont use ebay, use auto trader. Also its not how much the car is worth but how much the car costs to replace.

Regarding aches and pains, get them checked out by a chiropractor. Take this from the guy who has had 2 major motorcycle accidents. MD's will just drug and cut.

Jeremy5848 · #3 07-10-2007, 08:19 PM

If you are looking at a significant amount of money for the damage done to the car, you might want to spend $100-200 on a professional appraisal. Obviously, the best time to do this is before the accident, but "oh, well." The appraiser should be able to say what your car would have been worth before the accident and maybe also be able to say how much it should cost to return the car to its "before" condition.

The advantage of having a pro do a report is that he works for you (you are paying him, right?). The insurance adjuster doesn't work for you (no matter what the company says in its advertising). He works for the insurance company and does what they tell him to do -- keep expenses, low, mostly.

Whether it will do you any good I cannot tell. You might get lucky and have a real human being as an insurance adjuster -- there are such nice people in the industry (usually they get fired after awhile). The professional appraisal is insurance in case you do not get such a fairy godmother person.

Let us know what happens.

Jeremy

2.5Turbo · #4 07-10-2007, 09:38 PM

My parents were able to do this when my mom wrecked her Volvo a while back. Not sure of the details, but she did pay for a complete paint job out of her pocket while the repairs were done on the insurance co's dime. It was all done at the same time too.

arcticathlon · #5 07-11-2007, 12:59 AM

well before i signed up for new insurance i called every single insurance company asking if they even accept independent appraisals after a wreck. everyone said no, making that $200 investment worthless. i ended up going with statefarm who also said that in the event of an accident it will only use nada.com as its guide. so pretty much i should have done it to know what it was worth, just so i can fight more with my insurance co.

Jeremy5848 · #6 07-11-2007, 01:03 AM

I got two copies of the appraisal and took them both to my State Farm agent. She kept one and signed the other as a receipt, which I kept. Actually, what I had in mind was dealing with someone else's insurance company, but we will see. Hopefully I'll never have to find out. I don't trust any of them anyway. Hope you can work out a fair deal for yourself.

bdgr · #7 07-11-2007, 04:04 AM

Having dealt with insurance companies more than I like to.....A few things

Never let them think they are setting the rules. Know what you want to happen and then let them make a first offer...if it is better than you expected take it, if it is not, tell them what they are going to do to make it right and make it clear you will go to court if they don't.

Always have them give you the check, not make the check out to the body shop. Tell them to right you the check, and you will have it fixed...and if there is more damage or it winds up costing more you will give them a call. They don't like it this way, but I never have had them refuse.

Always insist they pay for factory replacement parts, no aftermarket. this varys from state to state, but it usually works. Since they are cutting you the check you can then work out what parts you want to use and what other work you want done.

Ebay sales history helps because it shows cars that have actually sold...not just what people are asking for. Get some of both..

a2t · #8 07-11-2007, 11:13 PM

I'd be really surprised if they value an 85 300D with 186k miles at $4k.

I'd also be surprised if they will cut a check - usually insurance companies want to pay body shop directly. Maybe SF is different.

As for pain and suffering, get a lawyer involved. You will run into moral dilema of the ambulance chaser trumping up injuries for the settlement.

babymog · #9 07-12-2007, 10:43 AM

My experience is that an attorney will not be interested in your case to recover a few hundred or even a few thousand dollars from your accident. If (s)he can sue for tens or hundreds of thousands in pain and suffering etc., then there is a reasonable goal ($$) for him/her to pull a percentage and make it worthwhile.

If your real injuries are minor, and you're not willing to lie/cheat/deceive to go for a large settlement, move on.

Do print any comparable car ads sold or unsold to present to the total-loss adjuster and explain what was special about the car, just like selling it. You don't have to accept the first offer, tell him/her you would like to do more research (if you don't think it's a fair settlement), they will sometimes work a little harder so that they can close the file.

TwitchKitty · #10 07-12-2007, 01:10 PM

Ask what data base they are using to value your car. Ask to see the information yourself.

Look at the local court records to find a lawyer who eats the insurance guy's lunch for them on a regular basis. A phone call from him may settle the matter quickly.

Tell them that you will accept a replacement car in the same or better condition and set a time limit for a replacement or a settlement on your terms.

The insurance companies have a license to steal and you are just the latest victim.

bdgr · #11 07-12-2007, 03:08 PM

Quote:

Originally Posted by a2t

I'd also be surprised if they will cut a check - usually insurance companies want to pay body shop directly. Maybe SF is different.

I should have put in a disclaimer, the laws may very from state to state. My experience, in Texas, is that they always WANT to pay the body shop directly...and will even argue with you about it....but the bottom line is that they Don't owe the body shop for the damage to your car, their legal obligation is you for the damage done to your car.

arcticathlon · #12 07-12-2007, 04:06 PM

here is my latest plan:

i am going to take the car and get a Uhaul car dolly. i will then tow it to 2-3 collision repair places and have them give me an estimate of what they say it will cost to fix. this way i will have an idea what i should be fighting for when the Statefarm guy lowballs me. this will give me more leverage when he comes out, and i will have the other info ready. I work for Schlumberger and as part of that i get access to our lawyers at a discounted rate and several hours of free consultation over the phone for free each year. i think i will see if they can do anything after the insurance guy stops by.

E150GT · #13 07-12-2007, 04:48 PM

NADA is a lot better than KBB, because when I wrecked my 82 300sd with oxidized paint and torn up leather and dash cracks, I got a check for 5000 dollars with no arguing.

a2t · #14 07-12-2007, 08:19 PM

If you are going to use a lawyer, keep medical receipts. There are PLENTY of lawyers willing to take on a few $k case, and if under a certain monetary limit, insurance wont even fight them. The ambulance chasers all know what that limit is. They also have their own "recommended" doctors to go see, hint hint.

Personally, I wouldnt lie about injuries. The bottom dwelling lawyers (who will inevitably get a bigger cut than you anyways) are even worse than the lowballer insurance companies.

Play straight up, give examples of similar vehicles in your area, and dont settle until you get a fair amount. And be patient! They like to settle cases by end of month, usually by second month insurance will be wanting to settle up.

So their adjuster hasnt come out to see car yet??? Been awhile hasnt it?

arcticathlon · #15 07-12-2007, 10:31 PM

the reason the adjuster has not come yet is because i have not asked him to come. i want to be there when he shows up and not my wife. i am an oil field engineer and work an average of 90hours a week. this week and next week look to be about 100-105 hours. i might be able to take my car to some collision center to get an estimate this next saturday, and after that i will have him come by the first time when i can take a day off (which is not easy to get)

i can be patient, because i have my 240D i am driving now. i am not in need to get it fixed quickly and get screwed over. i will patiently decline offers until i am happy. i might settle my medical portion soon, because i was never hurt bad, and only had some soreness. but the car i will pursue a lot.