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Sideswiped by a freakin harley

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Old 02-22-2013, 10:12 PM
  #11  
Js88lx
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Originally Posted by DRAGUL
Not your fault it happened. Why spend out your money on repairs for something someone else did. I would want reimbursement. I have never sued someone in small claims, so I do not know the process.
I agree 100%! Thanks.
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Old 02-23-2013, 03:09 AM
  #12  
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As far as it being a total loss...if the $ amount of the repair is more then the blue book value they will consider it a total loss and you will have no choice in the matter. At that point the only thing you can do is take their (insurance company) offer and buy the car back for salvage and have it fixed yourself.

As far as small claims goes...since there was no injury involved and the bum was insured I don't know if you would be able to win a lawsuit against him. However I am not a lawyer (but do have a lot of experience dealing with insurance claims unfortunately LOL!) so I could be wrong.
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Old 02-23-2013, 07:08 AM
  #13  
dawson1112
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Originally Posted by IamNobody
As far as it being a total loss...if the $ amount of the repair is more then the blue book value they will consider it a total loss and you will have no choice in the matter. At that point the only thing you can do is take their (insurance company) offer and buy the car back for salvage and have it fixed yourself.

As far as small claims goes...since there was no injury involved and the bum was insured I don't know if you would be able to win a lawsuit against him. However I am not a lawyer (but do have a lot of experience dealing with insurance claims unfortunately LOL!) so I could be wrong.
You are pretty much correct on the blue book , however scince Kelly and Edmonds only go back to 93 the insurance company will find out what fair market value of the model year you have by looking for comps in your surrounding area. They will look at maybe 100 or so comparable cars of that year and model then take an average of what they are selling for - any kind of wear and tear on your car such as interior , paint , tires matching or not so on and so on. Unfortunatly they do not take into account any time money or aftermarket parts that you have done to the car. If the comps in your area are marketed high you may be in luck .
Sometimes it helps to tell the agent that you think you are having pain in your neck and headaches since the accident lol . .
They never give you what you think your car could have sold for. Remember they are not there to help you , they are there to help themselves get out of the claim as quickly and cheaply as possible , insurance companys hate to have a claim on there books , so they will always try to offer measly amounts in hopes that youll cave .
Don't sign anything and don't accept any offers you think are unfair. You may have to let them sit on the claim for a few months or more . Find a lawer and get a 20 dollar conciliation to get a better feel for what your options are at this point. I can almost garentee that if it costs 3k to have your car fixed the fair market value is gonna be under that. (even though its not very fair)
I had a similar issue with a 92 Toyota 4x4 pickup that was in great shape till some idiot rearended me . Luckily I only paid 900 for the truck and it comped at 1800 . I had my 11 year old son with me and we both went to the hospital to be checked out. The sad part is the insurance company used a software program to decide how much money we should get for pain and suffering lol .
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Old 02-23-2013, 07:20 AM
  #14  
9redfox3
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That sucks what happened ! nice looking car too......
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Old 02-23-2013, 08:47 AM
  #15  
mjr46
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Originally Posted by Js88lx
Thanks ill try!! With the info i have now, his name/insurance info i can sue him? I dont have a police report but i think i have a good chance as the insurance company has the harley driver at fault, but isnt that a long process?
Sue a man who has no money = LOL How do you take something from someone who has nothing to begin with..lol As far as the insurance company totalling it, shop around to see what estimate needs to come in at to avoid such and whaen you do all of the repair you can, see what a shop will charge for the stuff you can't do, I 've done this plenty, Da' wife like to hit deer around here..lol
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Old 02-23-2013, 11:47 AM
  #16  
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The Kelly blue book value is BS on our cars. Don't let them tell you your car is only worth 2-3K. Foxbody's are getting more expensive and rare in this last few years IMO. I always check ads on craigslist and lately i don't see those nice stock foxbodys going for 2-3K anymore.
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Old 02-23-2013, 08:34 PM
  #17  
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Originally Posted by camaroeater
The Kelly blue book value is BS on our cars. Don't let them tell you your car is only worth 2-3K. Foxbody's are getting more expensive and rare in this last few years IMO. I always check ads on craigslist and lately i don't see those nice stock foxbodys going for 2-3K anymore.
Well my car without the rims and extra parts (just kuzz its a clean fox) they go for $35-$5k around my area..., all of the foxes on CL in my area are over priced so hopefullythat will help me!!
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Old 02-23-2013, 09:32 PM
  #18  
rmodel65
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they will probably give you about 2500$ to fix the car you could fix it for about 1k if you do a lot of the work yourself
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Old 02-23-2013, 10:11 PM
  #19  
Js88lx
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Originally Posted by rmodel65
they will probably give you about 2500$ to fix the car you could fix it for about 1k if you do a lot of the work yourself
Id be more than happy with $2500, I am going to do most of the work also! Just not the painting.

Thanks to everyone's opinions and i will update on tuesday and let yall know what happens!
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Old 02-24-2013, 09:03 PM
  #20  
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Ask the guys insurance co if they'll do a cash settlement.

I have State Farm and I got rear ended, they wanted to total the car. I wanted to keep it and fix it myself, but I didn't want a reconstructed title... so we agreed on a dollar amount and I took the money and fixed it myself with junkyard parts... even had some money left over.

Locate and get a total for the parts you're gonna need, find a garage that will put the stuff on and paint the car and get an estimate... then try to get the insurance to agree to that amount with a cash settlement. That way you'll still have your car, a good title and maybe even a little money left over in your pocket
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