Need advise - insurance claim

[sahunt66]

My friend backed into my Z yesterday Well, my friend felt really bad, is a gentelman, and took responsibility and filed a claim with his insurance, Gieco (sp?) It damaged the left fender and door. I'm afraid that I'm going to have trouble with his insurance company. Things like "we're going to total it and give you $1,000 because it's just an old Datsun", "you have to take it to our bodyshop and it's not our fault the paint doesn't match", etc. I know insurance companies can be jerks.

The Z is (before the accident) in good shape. No rust or body damage. I have some of the interior trim out of the car because the previous owner took it out to trouble shoot a electrical issue. I have all the interior pieces. I'm giving this information to show that the Z isn't a junker.

Please give me pointers that will help me resolve my forseen issues and make me a happy Z owner again.

Thanks

[zhead240]

get a good lawyer and sue for damages plus lawyer fees.also throw in punitve damages and pain and suffering.

[seerex]

My brothers 260z got hit by a lady who had borrowed a friends car then claimed it was stolen, so don't feel too bad your situation isn't that bad, first I would get a good feel for the car's value , both by books online and other z's for sale in similar value, the higher the value you present to them the less likely they will be wanting to try and total the car. Also get ready for a bit of a fight, it uncommon for them to rollover with anytype of payouts. You can also purchase the car from the Geico if they are set on totaling it. So say if they say the car is work $2000 and they think it would cost more than 80% of that amount to fix it you would get the $2000 minus the value of the car totalled. My brother got 700 and change and the car as opposed to $1100 and the car is not in good shape at all. Another option is to see how much they are willing to pay without totalling the car <gonna have to haggle with them> and take the check and look for a door skin and fender. I also highly recommend getting 3-5 estimates of repair before you bring it to them so you also are educated on costs before they tell you. If at all possible avoid having it totalled because it shows on title. Geico like most will work with you to a degree but be prepared with information and facts, otherwise they will be glad to bend you over without a kiss. Good Luck , also if your friends deductable is high 500 or a 1000 see if he would cover the diffrence from the cost of repair that way he doesn't have a claim . Jeff

[Bambikiller240]

You are right about thev insurance co. not caring much if the repaint doesn't match the original paint. Most good body shops can match the color very close, so it shouldn't look too bad. BUT, the insurance company will not spring for a complete repaint of your car just to ensure that there isn't a color mismatch.

I really wish you good luck, I know how disturbing it can be to have to deal with this sort of thing.

[EScanlon]

Geez you guys, why not just call up Geico and apologize for having parked in their insured's way? Heck, if you feel badly enough offer to pay for their time and trouble for his having filed a claim for having smacked your car!

Don't take this lightly.

First off, get a copy from the Wall Street Journal showing where the value of the Z is going up. Preferably write to them and get an actual back copy if available, or better yet a reprint of their article mailed from them (this authenticates the source again).

Next, go to NADA (nadaguides.com) and get a classic car price, you'll find that a 71 240Z is currently averaging 8750 (as of April of this year) and has probably gone up since. (I checked, 9300) Note that this is the average, if you can "upgrade" the status of your vehicle by verifiable means, paint in good condition, no mechanical, interior complete but being re-worked all add value to the car, so you could get closer to the High Retail of 18,200. How much closer depends on the overall condition of the car.

Next, see if you can contact an independent (i.e. not affiliated with the insurance companies) to give you an appraisal of worth.

Then go get 3 estimates. The Nissan Dealer may not even want to, but try. Then find the MOST expensive CUSTOM body shop you can. Get an estimate from them. Then find the most expensive ordinary bump and paint body shop. This will give you 3 estimates. Preferably one exorbitantly high, another quite high and the last just plain high.

The next item that may or not help is the type of insurance you had on the vehicle. If all you had was liability, well, that puts a HUGE damper on the case, but if you had comprehensive (usually if you owe money on the car, the bank/credit union will require this type), then you have a stronger argument in your favor.

The insured's insurance company is going to try their darndest to intimidate you to settle out early. Don't accept anything, nor even tacitly imply that it might be satisfactory, until you get what you want. So, if the car can be shown to be worth 7000, then don't accept anything below 4000 or so. And insist on keeping the car, because that is part of the deal. That is, pay me for the damage and I'll get it fixed.

The concept of totaling a car is based on the perceived worth of the vehicle. If the insurance company lowballs this, as they will (it's in their best interest to show that the car wasn't worth squat) then you counter with creditable and publicly available data (newspaper, nada guide, appraisal) that belies their data. The estimates are to show the judge how much they should pay.

Now the tables has turned and now that you can prove a higher worth than they are willing to pay out, they'll give you some song and dance about this being all you will get, and how you'll get less if they have to go to court, and that if you choose to go to court that they'll take a long time, blah blah blah. Just tell them that you'll see them in court.

Now, since they are already "fighting" with you, you go to court and file a claim against them and the insured. Yes, he's your buddy, but point out that this is to make the insurance company pay up. You can go to small claims court (if the amount is under $5k (check your county!)), OR if necessary a higher court. That you'll have to check with your state and county. Some states have a state office that accepts those claims, and others have you file through the courts.

Now with the court claim having been made, the pressure is on the insurance company to perform under the time line that you've established through the courts. That is, you file and the court tells you that your hearing date or court date is ..... days away.

I'll guarantee that the insurance company is going to go ballistic over your going to court, but it lets them know that you're done playing footsie.

BELIEVE ME! They will up their initial offering QUICK!!

Anyone else care to comment?

Don't let them bully you around. YOU were hit, not the other way around.

Look back on at least one other post where I recommended some of this "heavy" action and ask the member how he finally fared. Heck, some of you guys who know how it ended up, chime in.

Don't let our fellow Z member take it in the shorts.

Remember, if you have a group of people clamoring about how important and valuable it is, they can't just shrug it off as a worthless piece of .... (Isn't that what happened with the spotted owl?)

Enrique

P.S.: Have you ever seen a little dog tell a big dog to get the hell out of his yard? That's kind of what you are going to be doing, and believe me, it's in their best interest to make you happy and QUIET.

[Bambikiller240]

Just to reiterate comments made by seerex, AVOID letting them total your car, then "allowing" you to buy it back and keep the car as part of the settlement. In doing this (at least in CA) you end up with a Salvage Title to the car which kills the value of the car to a future buyer.

[Ed]

Since your friend is willing to make good on this. Why not avoid the insurance company all together. Save the headache for another day. IMO the damage is minor. I would guess your estimates will be close to $1,000 (+ or -). If your friends deductable is $500 then he has already paid half. The rest he will pay when his premium goes up for the next three years. Get the estimates and see if your friend will pay the bill.

[sahunt66]

Thanks for the advice everybody