someone who's drunk hit my car and now its declared total lo

Posted: Thu Oct 06, 2011 12:51 pm Post Subject:

Is the value of the vehicle $11,000? If so, this is all that they need to consider. Is the check really for exactly $11,000... because it's odd that its an even amount like that. Seems to me that they are just paying for the value and not adding in sales tax, registration fees, tag fees, etc.

If the value of the vehicle is $11,000 and you owe more then that then chances are good that you either paid too much or rolled another loan into this loan.

If you are making payments then you should have collision coverage on your policy. You can see if your insurance company would place a higher value on the vehicle and then choose who you want to file the claim with. Your carrier would pay less your deductible but the other carrier would coverage that.

Also, is the other carrier taking possession of the salvage or deducting the salvage value from their offer? I ask as if they are taking the salvage then they would need to issue payment to your lien holder, not you. In that you state they have a check for you, it seems they are not keeping the salvage which means that they deducted the salvage value from their offer.You should then be able to sell the salvage and recoup that amount.

Posted: Thu Oct 06, 2011 03:11 pm Post Subject: someone hit my car now its total lost

July 2010 that's when I got my car from Nissan. The accident happend Just last weekend friday night. On Tuesday I got the police report and went straight to her insurance to file claim. The next day i recieved a called from the guy who handle my claim that my car is total lost and that i have a check in my name/bank to pay off the car loan the check worth $11,000.00 when i asked how he came up with that amount he said he went by the blue book?? i got the car from nissan for $13,000.00. my down payment was $2000.00, I'm still paying the bank for this car. I called up the bank where i pay my loan and asked them If i were to pay off the loan today how much would i pay,I was told I need to pay $11,256.89

so the check i will get from the insurance i claim pretty much go to the loan i guess but is there some kind of option or ways that i can take to atlease help me get a car or help pay for a car? like i said because of her im in this situation i thought her insurance was suppose to put me back were i was before she wreck my car. what about my insurance can they help me somehow? get me a car or some cash to help for down payment on new car? because if i don't have a car i don't think i can get to work I'm a single mom I need to provide for my daughter. can i sue her for putting me here? :(

since the accident my car been sitting at the towing junkyard. If her carrier are not going to take the salvage am i responsible to pay the storage fee and other charges if i want to take salvage from that towing place to sell it or something? can i also claim for the new 4 tires that i just purchase last month and the new tirerod i just installed? what about my uncle cellphone that was lost when the accident happend not sure if its still inside car tho.can i ask them to replace that too? i really appreciate your help

ange

Posted: Thu Oct 06, 2011 07:31 pm Post Subject:

There are a lot of questions in that post that you need to discuss with the adjuster. I doubt the adjuster is paying "Blue Book" as Kelly owns the rights to that name. I'm guessing the adjuster is probably paying from NADA's book value. Ask. Is the adjuster also adding in sales takes on the value of the vehicle, tag fees, registration fees, etc? All of these are part of the loss. In that the amount is an even $11,000 it seems like these were not added in. If the adjuster does not know enough to add these values in, I'd question _everything_ that adjuster is doing. Have you looked at NADA to see what it considers the value of your vehicle to be? If the adjuster used NADA, what amount was used (trade in, retail, etc)? Look at it yourself to see if everything was done correctly.

Some adjuster would add value if the tires were a month old... others might not. It's not what the tires cost... it's if someone would pay more for the car with new tires. Same with the tie rods. The tie rods won't add values... they maintain the value.

The adjuster needs to consider the reasonable storage charges on he vehicle. I'm really confused as to why your bank and your name is on the check and it seems like the adjuster just wants to hand you the check and walk away. This makes no sense and I don't think it's correct. This is one thing you need to ask the adjuster about. Is the adjuster going to take possession of the vehicle? If so, he needs the title. So he should be paying your lien holder directly (your name not on the check). He also needs to have you contact the tow company and have the vehicle released and he needs to pick it up. If he's not going to take possession of the vehicle then he needs to pay you for the towing and storage. He'd also be deducting the salvage value of the vehicle and you need to know what this salvage value is. Actually, why was the vehicle towed? If it was because it was not derivable than the above is correct. If it was towed because it was derivable but your uncle could not legally drive it, then towing and storage is not owed.

If the vehicle was not derivable after the accident then the adjuster needs to pay you Loss of Use from he date of the accident until the offer was made to pay for the vehicle. This would be in the $25/day range.

Insurance does put you in the place as long as the amounts are correct. The insurance company is not responsible for your loan... that is between you and the bank. They owe you for the value of the vehicle. The vehicle is what your loss is... your loan was not damaged.

I mentioned that you can file a claim with your carrier to determine what they would pay.