krazykevin

Both rocker panels came out un harmed, and if I end up with them, i will let you know for sure !

They are really just being *** holes about it. The other insurance is USAA. Mainly its just a PITA to deal with, My lawer is charging them for his fees and has no doubt that we will win (police report is legal document from public official).

After it is all said and done, I will be back in a mustang.

TypeS

For those arguing that the police report is a definitive account are very misinformed UNLESS the officer saw it. As far as totaling the vehicle, here in FL if damage exceeds 80% of ACV (actual cash value) of the vehicle it is legally a total. What they must then offer you is the full ACV plus applicable sales tax in your area. They can/will not total a vehicle because the cost to repair is more than the 40% they offer. My dealings with USAA as an adjuster have been 95% positive but any company can occasionally be hard headed. As far as not talking to the other side, that's your choice and your ins would probably prefer you didn't but if you have nothing to hide there should be no issue. Are they saying you were speeding or something? 40% is an odd number to offer.

Shelty

cool thanks krazykevin,


TypeS, how are police reports misinformed? I'm a cop and I dont just show up look around and am like... YUP.

I investigate get witness accounts if I need to and then thru my investigation, I determine who is at fault. Usually it is very easy to figure out who the at fault party is, even without witnesses. A police report is the recorded events of what happened, and the citation is the record of the charges against the at fault, which we know the OP is not at fault for this accident.

I have no doubt that Kevin will win this case, the Ins company, although being total douches about the situation are doing typical Ins company BS of not wanting to have to pay out... which they ultimately will have to in the end, after civil court. which again the OP should not have to pay as well, but im not sure.

TypeS

I didn't say the report was misinformed; but people that think insurance adjusters do or should take them as 100% factual are misinformed. Unfortunately in my industry we see cases where officers do a less than comprehensive investigation or fault someone because of race, gender, or general attitude. Because of that we weigh statements of parties who were actually present much more heavily.

krazykevin

An Wildlife and fisheries officer was in traffic at the stop sign and saw the accident. He was a wittness in the report.

TypeS

Should be perfect then. I hope he is/was willing to talk to the ins companies and clear this mess up for you.

pascal

The Ins. Cie is just playing the intimidation card and it works about 70% of the time believe it or not.
Now, this crap coming from USAA is alarming because this company is simply the best.
I realize Kevin isn't their subscriber but still...

As far as a police report being challenged, good luck.
The only time you'll win against it is when the other party has accountable witnesses and you have none on the police report.
By "accountable" they mean like an off duty cop or someone with the same weight integrity etc...

TypeS: In FL it's never above 75% of the car value to declare it totaled and if there is frame damage it's a lot less.


OP, you're fine. They're just trying to shake you and hope you will give up but it ain't the case apparently so it's just a delay.

95Bluestallion

Sucks to see man. Hope you get the car repaired like you want though. Good luck!

TypeS

http://www.leg.state.fl.us/statutes/...s/0319.30.html

Unless the FL statute changed in the last 5 months its 80% for a vehicle to be declared a total. In all fairness, if I see a vehicle with damage estimated at 70-75% of value to repair, it will most likely end up close enough to 80% to total it out.

I know USAA, if this was Direct General or another lower tier company I might agree that they are trying to shake him. But if they are offering 40% they believe they have good reason to take their insured's word over OP's. Either that or you found one of the few USAA adjusters who has no idea what they are doing.

pascal

The law is one thing but the practice is another...
And the practice is what you just posted above, 70/75% seems to be the threshold in FL judging by my experience with dealing with Ins. Cies.
I've also never seen a car in FL that was not declared totaled past those figures, never.
Did our Governor just pass a law that exempt air bags Dollar amount to not be taken in consideration in the overall cost of repair in order to not reach a 75% in damage with a broken head light and bent fender?
I know they were talking about it...

As for USAA, the OP is dealing with a moronic appraiser/adjuster I'm afraid.