Determining ACV of a 1995 truck-other driver at fault

by Guest » Wed Nov 04, 2009 06:34 am
Guest

Hi !

My husband has a 1995 Nissan XE king cab truck color red
199,128 miles on a completely perfect running 4 cyclinder engine, no leaks, no burps etc.

It has cold AC, power steering, jump seats, alloy rims, chrome bumbers and grill, paint is almost in perfect condition (has a few xxxxxsmall nicks from road debris) it is as shiny as the day it rolled of the assembly line. Interior shows some wear but not major wear. No rips/tears/cracks in the dash or other leatherette parts. It has towing package.

I have looked in my area for trucks with the same features but they are hard to come by cause everyone who has one keeps it. The only difference I am coming up with is the millage, is there a formula to figure the depreciation of just the millage?

Any help with ACV would be greatly appreciated...the trucks in our market area are selling for $3300 and up-that is selling price not asking prices.



The driver that hit him was doped up on prescription drugs and let off with a slap on the wrist, she was ticketed but not arrested. I teach the safe driving classes for our county and we teach that these ticket able offenses should land you in jail....but its not happening.


Please help, adjuster coming sometime Wednesday afternoon.

Thanks Momof2

Total Comments: 23

Posted: Thu Nov 05, 2009 06:23 am Post Subject:

She was charged with Crossing center line going wrong way and operating a vehicle in a aggressive, careless, reckless and negligent manner.

I had forgot to add that she had marks after the collision for 300 feet after impact (she ended up hitting close to the left of center and then glanced down the side of the truck (in a second impact somehow) after impact) .

Hope that clears it up for you, he (my husband) was not at fault and received no tickets (the officer never even talked to him (told us it was not necessary to speak to him cause she admitted fault from the get go), he was on his way to the ER by ambulance)-he did all he could do to avoid the collision.

Posted: Thu Nov 05, 2009 06:37 am Post Subject:

Okay, that makes more sense. There doesn't appear there will be a problem with liability. When I read your post, it looked like your husband might have rear-ended the other driver who was stopped in the middle of the lane - going the same way.

As far as your ACV amount.... do your homework. Get the book value and find similar (exactly the same if you can) vehicles for sale to figure out an ACV price. This is your (your husband's) claim and you need to take control of it. You obviously have a computer, so you should be able to find similar vehicles in your area to arm yourself with if needed. See what the company comes back with. If it doesn't fit with what you came up with and can send the paperwork without delay showing them where they are wrong. Also understand that the sale prices you find are asking prices and not what they vehicles usually sell for, be it on a car lot or from a private seller. As far as a "proper" way, hold your findings until they offer a settlement for the vehicle (not showing your cards). Also understand that even though the car may be priceless to you or your husband, it is only worth so much.

She told the officer at the scene that she had "overdosed" on her prescription drugs and he didn't even note it, he said that things like that happen.....WHAT?



This does happen, and it really depends on what type of drugs were involved. Pain killers, RX narcotics. My wife takes a non-narcotic and if she happens to take one too many she can get blurred vision. So it does happen, and really doesn't change the outcome for you.

Posted: Thu Nov 05, 2009 06:42 am Post Subject:

I know it is hearsay but her mother has told us that she has tried to commit suicide 3 times recently. She has also had 3 collisions within the last year. Her mother said that her doctor keeps on prescribing the pills and she keeps on taking them.

The mother has also been to our house driving up and down our dead end dirt road, we don't know why but should I be concerned about this?

BTW we did call her the next day to see if she was OK, she refused care at the scene and seemed really messed up. We also had another reason as she gave the wrong insurance information (wrong company and number) to the officer at the scene.

Posted: Thu Nov 05, 2009 06:48 am Post Subject:

I know it is hearsay but her mother has told us that she has tried to commit suicide 3 times recently. She has also had 3 collisions within the last year. Her mother said that her doctor keeps on prescribing the pills and she keeps on taking them.



This really doesn't change the outcome of your claim. Something like this (pills) could (doubt) be used is some cases if this went to court for punitive damages, but this claim doesn't seem to be headed that route.

The mother has also been to our house driving up and down our dead end dirt road, we don't know why but should I be concerned about this?



Depends on the person. Depends on the area. Depends on you and your family. If you feel there is a problem...there are always police for these matters.

Posted: Thu Nov 05, 2009 11:40 am Post Subject:

Is there a "proper" way to negotiate ACV in case we don't see eye to eye? I don't want to do something that would be wrong or rude (that's just not me) but I don't want to be a pushover either.

Das, gave you some good advise...see what they come up with and if it's close (or higher)...good for you..if not then you'll have the documentation to prove your value.

I wouldn't worry about her mom, she probably knows your husband left by ambulance, and is concerned about his condition. She's probably also trying to figure out if you all look like the 'type' that will sue her daughter, I know, I know you can't tell by looking... :wink: but I'm betting she's just trying to ease her daughters mind. Or it could be her vehicle/policy, and she's worried about getting sued herself.

How is your husband by the way? You know he'll have a injury claim as well (most likely if you're not in a PIP state, and maybe even if so)...you don't want to even THINK about settling that tills he's back to 100%.

It sounds like this little girl is a mess...(3suicide attempts!)...and although your husband could've been killed, he wasn't...the girl has insurance that will take care of your loss...I think it's time for a little pity for this poor creature..I wouldn't wish this on my worse enemy.. :(





I really appreciate the information you provide for everyone here

That's what we put our time in here for...and we're pleased we could help you in some small way..

hope after all this I may be of assistance in some way to someone else in my situation.

That's what it's all about...if not in this type of situation, in another that you have expertise in...

Posted: Thu Nov 05, 2009 02:24 pm Post Subject:

.
.

Momof2

They sent a appraiser (he said he has to send the information to a adjuster) today and he was impressed with the condition of the truck, he said it was very impressive how well it had been maintained. He said he could only access it as average though because of the age though. Is it usual for them to do this?



To me that is one BIG red flag..!

In one sentence he implies that your truck is way above average condition, and in the next implied he would LIE and state it as average.

I would ask... Under who's authority is he required to state that a truck in excellent condition (for its age) is "Average"??

Ya gotta wonder who keeps coming up with these "word tracts".

Posted: Thu Nov 05, 2009 03:01 pm Post Subject:

To me that is one BIG red flag..!

In one sentence he implies that your truck is way above average condition, and in the next implied he would LIE and state it as average.

I would ask... Under who's authority is he required to state that a truck in excellent condition (for its age) is "Average"??

Ya gotta wonder who keeps coming up with these "word tracts".



Fred you have to base it off an average of the value in a given market, there is no other way around that. The average of that particular vehicle, minus any deductions. Then that average is adjusted based on condition. So that would mean, conditions of equipment, upgrades etc that would adjust to an average amount above what would be considered in a market. An "average" vehicle, with above average condition will bring a higher value than a "twin" vehicle. That will be included in a settlement offer. If not, in the OP's situation that would need to be on the delt with.

Posted: Thu Nov 05, 2009 03:45 pm Post Subject:

I teach the 4 hour DDC and 8 hour ADD safe driving courses, so I can help someone in this area.

That's what it's all about...if not in this type of situation, in another that you have expertise in...



My husband is sore, his doc said he has a separation between vertebra (whatever that means) and he still is having headaches and boughts with nausea. They said he has fluid on his knee and has blood in his urine (bruised inards).

Posted: Thu Nov 05, 2009 04:42 pm Post Subject:

OK they called and offered...................................................................THE FULL NADA AMOUNT OF $4950 + towing + DMV fees and such ! OMG I am so relieved!

They did say there was no release to sign though, that the check would be the release. What do I need to look for to make sure it is for the truck only and not the BI part of the claim?


THANK YOU THANK YOU THANK YOU TO ALL WHO HAVE INPUT SO FAR INTO THIS THREAD FOR ALL THE HELP!

AND THANK YOU TO THE CLAIMS ADJUSTER FOR BEING SO NICE AND FAIR! :D

Posted: Fri Nov 06, 2009 12:06 am Post Subject:

What do I need to look for to make sure it is for the truck only and not the BI part of the claim?

They can't do that...but it should say 'in payment of' then blah blah blah, total loss of...or might say property damage of etc...

I'm glad..I personally think that's a fair offer, and they gave you NADA retail...so I think you got a fair shake..

I teach the 4 hour DDC and 8 hour ADD safe driving courses, so I can help someone in this area

that's great...I just meant (mostly) in general...if we'd all help another lighten lifes burdens, with things maybe we know a little more about, at every opportunity, the world would be a little better place.. :wink:

Sure hope your husband gets to feeling better...keep a close eye on him. Listen, it would be a good idea for him (or you for him) to start keeping a daily diary re: his injury, such as how he feels this day, what he couldn't do (ie pick up kids or grandkids, needed help dressing, mowing yard etc)...you'd be surprised how handy that is when it comes time to settle, (for both he and the adjuster)..Let us know if we can help..

Oh, how did they handle the sales tax in your state?

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