MGB: Car totalled out, need help dealing with the insurance adjuster.

My Facebook friends will know that I was sitting in stopped traffic on Thursday when this van came out of noplace and ploughed into the back of my car, pushing me under the truck in front of me. Result = my Focus has been totalled out.

This is a first for me, I've only been involved in one other (minor) accident before (strangely enough, more or less the same thing - me sitting in stopped traffic when another vehicle hits me and pushes me into the car in front. What are the odds!), and I don't really know how to deal with the insurance company.

Bottom line for me is that I need to be made whole. I lost a '03 ZTS in perfect condition and with only 40k on the clock, which was loaded up with every option for that model year. I wouldn't be happy with getting a settlement that would allow me to find anything less (in fact, I'm currently trawling CL looking for '03 and '04 ZTSs as I type) and I certainly don't want to be left with a car payment or having to come up with cash out of pocket to buy a replacement. So I need ALL your best advice to avoid the possiblity of being screwed.

Let them make the first offer

Don't assume they are trying to screw you. I've spent my life in the Claims dept of a Fortune 100 insurance company. We don't need the headaches or lawsuits that come with 'trying to screw' someone. They will tell you (first) what they think the car is worth - it's their obligation to do so. If the value they put on your car seems low, check that their appraisal lists all the options that your car has, accurate mileage, etc. 'Apples to apples', as they say. Second, ask how they arrived at their valuation. Most auto insurance companies use a 3rd party company called CCC (Certified Collateral Corp) to research sales of similar vehicles in your area. Many times, they can actually show you the listings of the vehicle sales CCC used to arrive at the offer they made you. You can enter your car's info on NADA.com and get a rough idea of value, as well.

You can certainly try to negotiate upwards if you think their valuation is low. If you've kept all your repair records, service on time per warranty, added some non-factory upgrades, etc, give them copies of your documentation. But understand, you may never get what you think your car is 'worth' - because you're emotionally invested in it. Hey, we're all invested in our cars - that's not meant as an insult to you.

Deep breath, go into the process assuming positive intent, and make your arguments logically and without anger. They're not looking for a battle, and many times their first performance measurement is the speed with which they settle, not the amount. Let that work to your advantage. And, if you can't arrive on a price you think is fair, don't yell and scream about getting a lawyer, sueing, etc. Lawyers don't take physical damage cases! Just ask for their settlement valuation in writing, and ask how and to whom you need to write in order to contest their value. Good luck.

On later model cars if you push them a little for a replacement they can locate similar cars.

Agree with Julian, check to make sure they have the mileage, options correct when they evaluate.
They have a little wiggle room, not a lot but they would rather resolve the claim than have it sitting
on their books.

My Sister and I were in an accident this past August. She is still waiting them out to "makes things whole" and driving a rental car on their dollar while they are getting closer and closer to doing just that. It's only fair. If it comes to that point hold your ground :)

Thanks Julian, I copied that and filed it away.

The thing is, how long are you willing to wait to settle? You do not have to accept their offer and if they send you a check, do not sign and deposit. Were you hurt? You could become "sore" later and have to go visit your doctor. If you open a medical claim related to the accident, they are then in a hurry to get you to settle the medical part and will be more favorable on your collision claim. I am not saying insurance/medical fraud. I am just saying they want to clear medical claims fast before they add up. I once had a woman hit me on my Harley and I wasn't hurt badly but sore. I would not settle the medical before my check was satisfactory on repairing my bike. We had a very nice estimate on the repairs and they did not blink an eye in cutting that check to me. I then closed the medical claim.
Good luck and be happy with their estimate before you settle....

no screamin and yellin????...jeeeezee...whats next...no Santa Claus? No slammin the phone down?? whats next, Oprah intervention in my living room.?????????? Now I'm out a car and a good time!.....

Wow, three months and no settlement yet? I don't want it to drag out that long!

Thanks for the advice all, especially Julian. Insider advice is always the best kind!

I am a little sore in the upper back and left shoulder, up into my neck and behind my left ear. But I'm sort of getting to the age where I can't tell if it was accident related or just the change in the weather. You gentlemen of a certain age will probably relate to that.

The only thing I'm truly worried about is getting my car replaced. I am a little ticked that through no fault of my own I'm out a car, have no prosepcts as of right now for a replacement (and can't really shop for something until I find out what I have to work with), and have to do all the leg work finding another perfect for me.

I really still don't want to give up my old car. Yes, it's down to the crazy emotional attachment all we hobbyists have for our cars, and this IS just my stupid Focus daily driver. I reckon I would be inconsolable right now if it had been one of the Minis or the MG! But you have to understand how much thought I put into finding and buying this particualr car. Now I already feel like I'm going to be rushed into finding something else, and worry that I won't end up with something I really like/want. Which, if I really had to analize it, is probably why I'm on CL already looking for something more or less identical to what I had.

I am in a rental, but don't have rental coverage and am worried about who's going to pay for that. My insurance says they'll bill the other guys insurance, but it still worries me that they'll balk at the $350 a week and I'll get stuck with the tab.

Can you tell that I'm a bit of a worry wart? But most of it is down to having never gone through something like this before. I wish the guy who ran into me had been paying a bit more attention!

trust me. the other guy's insurance will be paying for the rental, your insurance co will sue him if they have to. Just went through a similar situation this week although the Mazda wasn't totaled. The kid that hit my wife bought the car on Saturday and hit her on Sunday while she was stopped at a red light. His insurance tryed to deny coverage, and we had to get our company involved. I would have thought they would have paid the $1300 and been done with it, but we had to have a few discussions first. When the tree fell on my wife's truck last winter our adjuster took good care of us and actually valued the thing at $1000 more than I did so don't give up hope. not all companies are out to screw you.

Thanks Julian. I did what JD did, copied and filed it away. Hope I never have to use it.

I reached a settlement......$8200 and I get my car back (delivered to my house) for $500. I think that's quite fair.

Of course, finding another FoFo I'd be happy to replace it with......still going to be an uphill battle, even with a thick wad of cash! I've seen a lot of crap out there already.

Thanks for the advice guys!