Car being totaled. Need options...

by wenpeek » Tue Aug 11, 2009 07:35 am

I was driving my sister's car (yes, I had permission) on my way to work and a lady pulled out in front of me. The cops were called and even though a citation was not issued, you can clearly see on the police report that she was at fault.

The adjuster came out today to look at the car and determined the car is totaled. The car is only worth $1500 and she still owes $1200. On top of that the insurance company said that once we accept payoff our insurance will be cancelled. Our insurance company is Oklahoma Farm Bureau Mutual Insurance out of Craig County. The lady that pulled out in front of me has the same insurance company (It's a small town).

My sister is disabled and lives on less than $1600/month. She has no extra money to get another car.

Now here are my questions:

1) Do we have to accept the car being totaled? Do we not have another option? We have not gotten any quotes to see how much it will cost to fix it yet. We wanted to see what the adjuster said first.

2) Why are we being cancelled? The accident was not my fault. She's not had any other accidents or tickets in the past either.

3) Would it do any good to discuss this with an attorney. Nobody was injured but I still feel like we are being screwed!

Thanks for your time.

Wendy Peek
Vinita, Oklahoma

Total Comments: 11

Posted: Tue Aug 11, 2009 10:27 pm Post Subject:

1) Do we have to accept the car being totaled? Do we not have another option? We have not gotten any quotes to see how much it will cost to fix it yet. We wanted to see what the adjuster said first.

The fact that it's totaled is an economic and state statute decision...most states have on the books that once the cost of repair equals 70-80% of the vehicles ACV (actual cash value) it's totaled...you can debate the vehicles ACV 'if' you can prove it...you can also keep the vehicle, they will just deduct the salvage value from the payment, if it's driveable, this might be a good option.

2) Why are we being cancelled? The accident was not my fault. She's not had any other accidents or tickets in the past either

. There has been a misunderstanding somewhere, NO adjuster would say this..if they did they'd be in a 'heap of trouble boy for sure'...EXACTLY who said this and EXACTLY what did they say to whom? Why is your sisters policy even involved? If it's the other persons fault it should be their policy that is paying for your sisters vehicle.

3) Would it do any good to discuss this with an attorney. Nobody was injured but I still feel like we are being screwed!

It would be good for the attorney who would be making money from your sister, that she apparently doesn't have....

Posted: Wed Aug 12, 2009 01:26 am Post Subject: Our insurance was cancelled too

Let me get this out of the way. I don't claim to know anything about insurance!

My husband totalled my car last year. Even though it was a "no-fault" accident, the insurance company I had for at least 8 years declared the car a total loss, paid the car off and then sent me a letter of cancellation. (Stupid lizard....)

Looking back, I should have investigated their decision to total it. I don't see how it had more than 75% damage when they valued the one-year old Impala at over $17,000.

Most respectable attorneys offer a free consultation. It might be worth your time to visit with one. It's really hard to get new, good, affordable insurance after you've been cancelled.

Good luck!

Posted: Wed Aug 12, 2009 06:36 am Post Subject:

Ok, after talking more to my sister the insurance company is cancelling her policy on the car because they are totaling the car. I misunderstood what she was saying on that.

So let's say we go with the insurance company totaling the car. Will they give us any time to find another car before they pick this one up? We will need a couple of weeks to find alternative transportation before we can surrender the car.

Do they pick the car up the same day they issue us the check?

When they determine the value of the car which value amount do they go by according to NADA? Clean trade-in? Average trade-in? Rough trade-in?

Posted: Wed Aug 12, 2009 10:52 am Post Subject:

Ok, after talking more to my sister the insurance company is cancelling her policy on the car because they are totaling the car. I misunderstood what she was saying on that.

Well alright that makes a WHOLE lot more sense...

Will they give us any time to find another car before they pick this one up? We will need a couple of weeks to find alternative transportation before we can surrender the car.

So, this car IS still driveable? Have they put her in a rental? If so it will only be good for a couple of days anyway. If her car is driveable, since it's not incurring any storage charges, ask if they can wait a week or so..They most likely won't pay her though without picking up the car and the title..This only makes sense..

Do they pick the car up the same day they issue us the check?

No not usually, but typically within a few days, ask them (again) since it's no incurring storage fees if they can pick it up next week...giving her time to clean it out etc.

When they determine the value of the car which value amount do they go by according to NADA? Clean trade-in? Average trade-in? Rough trade-in?

The company I work for uses NADA retail...all carriers have their own systems for determining a vehicles value. Have the showed you how they arrived at the ACV? If not they need to..Have you checked it with NADA? If you want post yr/make/model/mileage/options and any UNrepaired prior damage, and I'll try and run a value for you.

Posted: Wed Aug 12, 2009 11:16 am Post Subject:

It's a 1997 Mecury Grand Marquis GS
It has 120,734 miles
It runs great, still driveable and has minimal body damage (prior to accident :lol: ) on driver's side back door. My sister took very good care of it.

Posted: Wed Aug 12, 2009 11:27 am Post Subject:

I get a clean retail of $4175.00 add 75.00 if it has alumn/alloy wheels, and add 150.00 to that if it has leather seats..It added 450 for the low miles....now remember though, a percentage of any prior UNREPAIRED damage would come off of that value.

Posted: Wed Aug 12, 2009 11:40 am Post Subject:

Do most insurance adjusters go off of clean retail, clean trade-in, average trade-in or rough trade-in?

Posted: Wed Aug 12, 2009 11:42 am Post Subject:

Do most insurance adjusters go off of clean retail, clean trade-in, average trade-in or rough trade-in?

It's a company to company thing...the company I work for uses ''clean retail''...also not all companys use NADA, there are other programs, (ie CCC, autotrack etc)...ask what they used to determine the vehicles ACV

Posted: Wed Aug 12, 2009 11:51 am Post Subject:

Thanks Lori, you have been a TON of help!! :rose:

Posted: Thu Oct 08, 2009 08:43 pm Post Subject: car wreck

wendy, come by green country ford and i will help you with your car problem! maybe we can sell you a new one?? david

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