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mlyonsd
06-30-2009, 11:21 AM
My 79 year old dad's truck was T-Boned by a 19 year old kid that ran a red light while talking on his cell phone. I can't believe the kid would even admit to that but props to him for being honest. This happened in Iowa where he lives btw.

Anyway, my dad was ok but the kid's insurance company deemed the truck a total loss.

It was an immaculate 2000 F-150 extended cab with only 68,000 miles on it.

They want to total the truck and pay him $11,100 for it. Granted that might be what a blue book will tell you it's value is but my question is what are my dad's rights? Does he have to accept the settlement, can he make the insurance company replace the truck, or what?

The truck was worth more than $11k to him. What I've been looking at for a replacement with that few miles will end up costing him $$$ out of his pocket.

Just curious if there are other options than taking a check for an amount that doesn't equal what the truck is worth to him.

Lumpy
06-30-2009, 11:29 AM
U can "try" to negotiate w/ the insurance co. but if they don't budge u can always take it to court. Were there any witnesses? Even if the li'l douchebag admitted fault, having witnesses is a huge plus.

CoMoChief
06-30-2009, 11:30 AM
The insurance company will only pay for what the veh is worth at the time of the accident.

Now having that said, he can file through his own insurance company and see what their offer is, granted they would subtract his deductible, but his insurance company would go after the at fault party for subrogation (reimbursement) including his deductible, whatever that may be.

I would file the claim just to see what his own insurance company would total the vehicle at, then if its more than the kids insurance company, maybe he might want to handle through his own then have his insurance company subrogate the other on the back end. Since he's not at fault it shouldnt effect his rates, especially if they are going to get their money back since the kid admitted fault and most likely the other insurance company has already accepted liability for the accident.

You also have to realize that even though it has 68k mileage on it, it's also pretty much a 10 yr old veh. $11k is a pretty good price for that vehicle, regardless of what he may think. Now if there are extras he put on the vehicle, rims, suped up the engine, that may increase the value a little bit but probably not too much.

Brock
06-30-2009, 11:31 AM
There isn't a legal argument for more money to be made, unless your father is willing to fake some neck pain.

PhillyChiefFan
06-30-2009, 11:31 AM
U can "try" to negotiate w/ the insurance co. but if they don't budge u can always take it to court. Were there any witnesses? Even if the li'l douchebag admitted fault, having witnesses is a huge plus.

Do witnesses matter? I mean, the insurance company is totalling it so, there isn't much a witness can say to help his father's case, IMO.

Or do you mean for damages?

Gonzo
06-30-2009, 11:31 AM
My 79 year old dad's truck was T-Boned by a 19 year old kid that ran a red light while talking on his cell phone. I can't believe the kid would even admit to that but props to him for being honest. This happened in Iowa where he lives btw.

Anyway, my dad was ok but the kid's insurance company deemed the truck a total loss.

It was an immaculate 2000 F-150 extended cab with only 68,000 miles on it.

They want to total the truck and pay him $11,100 for it. Granted that might be what a blue book will tell you it's value is but my question is what are my dad's rights? Does he have to accept the settlement, can he make the insurance company replace the truck, or what?

The truck was worth more than $11k to him. What I've been looking at for a replacement with that few miles will end up costing him $$$ out of his pocket.

Just curious if there are other options than taking a check for an amount that doesn't equal what the truck is worth to him.


Well...

He's fucked.




J/K

I would probably try talking to the kids agent to get his insurance to pay for the following:

1. Interim Rental
2. Vehicle replacement
3. Tags, taxes and registration fees
4. Throw in an extra grand for inconvenience maybe...

The company will not pay any more than blue book replacement value.

Dayze
06-30-2009, 11:32 AM
not sure...
But I think they'll give you what it's worth to them/market etc.

My 2003 Ninja was totaled after I 'fell off' at 50 mph; they're intially offer was low, I thought; they eventually came up another $300 and basically said "take it or leave it" lol.

this is primarily I why I won't put aftermarket stuff on my bikes, cars etc.....that stuff is worth zero to them. Not saying your dad had aftermarket stuff etc, just saying I think the insurance company will cut you a check for the market value. Bummer man; sounds like a nice truck with that few miles on it.

Gonzo
06-30-2009, 11:32 AM
U can "try" to negotiate w/ the insurance co. but if they don't budge u can always take it to court. Were there any witnesses? Even if the li'l douchebag admitted fault, having witnesses is a huge plus.

That's going to be GoChiefs new rap name.

Lumpy
06-30-2009, 11:35 AM
Do witnesses matter? I mean, the insurance company is totalling it so, there isn't much a witness can say to help his father's case, IMO.

Or do you mean for damages?

For damages, (if it were to go that far).

alpha_omega
06-30-2009, 11:36 AM
Sorry, i have no idea, but i am glad your Dad is ok.

PhillyChiefFan
06-30-2009, 11:37 AM
I hate insurance companies.

wild1
06-30-2009, 11:37 AM
they insure you the value of the vehicle, not value plus sentimental and etc.

PhillyChiefFan
06-30-2009, 11:37 AM
For damages, (if it were to go that far).

Ah, got ya ;)

Lumpy
06-30-2009, 11:38 AM
Ah, got ya ;)

Neck braces are cheap. ;)

Gonzo
06-30-2009, 11:39 AM
Ah, got ya ;)

Neck braces are cheap. ;)

;)

Lumpy
06-30-2009, 11:41 AM
;)

;)

Demonpenz
06-30-2009, 11:41 AM
you would have to prove it is more by finding similar vehicles in that area with higher value. They use a program called CCC which I don't remember what it stands for, but it is a 3rd party program used to value vehicles that has been found by courts to be fair and accurate way of determining value

Gonzo
06-30-2009, 11:42 AM
Ah, got ya ;)

Neck braces are cheap. ;)

;)

;)

:whackit:

Smiley war!

Gonzo
06-30-2009, 11:43 AM
you would have to prove it is more by finding similar vehicles in that area with higher value. They use a program called CCC which I don't remember what it stands for, but it is a 3rd party program used to value vehicles that has been found by courts to be fair and accurate way of determining value

He shoulda been wearing the wolf shirt and had the wolf mural on the back window. The other car woulda blown up before even comming close.

Mr. Flopnuts
06-30-2009, 11:48 AM
I went through this with my insurance company over a non insured driver and they were low balling me on my car. I gathered up some info about what my car was going for in dealerships in my area and forwarded that to them. They upped their offer but not to my satisfaction and I pretty much told them that the whole thing was making my neck hurt just thinking about it. That did it. I got what I wanted for it, but I don't know that it works in all situations.

Demonpenz
06-30-2009, 11:51 AM
I went through this with my insurance company over a non insured driver and they were low balling me on my car. I gathered up some info about what my car was going for in dealerships in my area and forwarded that to them. They upped their offer but not to my satisfaction and I pretty much told them that the whole thing was making my neck hurt just thinking about it. That did it. I got what I wanted for it, but I don't know that it works in all situations.

more likely the adjuster working on your car didn't want that file open anymore or a supervisor saw the file open and approved higher money with documented proof. The Injury or medical adjusters are a different department in every major insurance carrier I know.

mlyonsd
06-30-2009, 12:22 PM
Thanks for all the responses.

I was hoping someone would tell me he has a right to expect the kid's insurance company to replace his truck with another one that only has 68,000 miles on it though.

Rain Man
06-30-2009, 12:47 PM
I went through this with my insurance company over a non insured driver and they were low balling me on my car. I gathered up some info about what my car was going for in dealerships in my area and forwarded that to them. They upped their offer but not to my satisfaction and I pretty much told them that the whole thing was making my neck hurt just thinking about it. That did it. I got what I wanted for it, but I don't know that it works in all situations.

That made me laugh.

Mr. Flopnuts
06-30-2009, 01:08 PM
more likely the adjuster working on your car didn't want that file open anymore or a supervisor saw the file open and approved higher money with documented proof. The Injury or medical adjusters are a different department in every major insurance carrier I know.

Could be. I wasn't serious, nor did I even take a serious tone. It was amazing though that they called me 24 hours later and gave me $50 under what I was asking for. I couldn't imagine being able to threaten a car insurance with fraud and be taken seriously, but honestly I wasn't trying to be taken seriously. I was trying to relieve some stress for both myself, and my adjuster.

Groves
06-30-2009, 01:36 PM
does it happen to have a Chevy rear axle that MOHillbilly can use?

Valiant
06-30-2009, 01:41 PM
Well...

He's ****ed.




J/K

I would probably try talking to the kids agent to get his insurance to pay for the following:

1. Interim Rental
2. Vehicle replacement
3. Tags, taxes and registration fees
4. Throw in an extra grand for inconvenience maybe...

The company will not pay any more than blue book replacement value.

You could try the above, but honestly he is fucked out of trying to get an exact replacement or what you think it is worth.. My friends mom has a 88 Caddy, with 7k miles on it.. Only drives it when she comes into the city..

BWillie
06-30-2009, 01:59 PM
My 79 year old dad's truck was T-Boned by a 19 year old kid that ran a red light while talking on his cell phone. I can't believe the kid would even admit to that but props to him for being honest. This happened in Iowa where he lives btw.

Anyway, my dad was ok but the kid's insurance company deemed the truck a total loss.

It was an immaculate 2000 F-150 extended cab with only 68,000 miles on it.

They want to total the truck and pay him $11,100 for it. Granted that might be what a blue book will tell you it's value is but my question is what are my dad's rights? Does he have to accept the settlement, can he make the insurance company replace the truck, or what?

The truck was worth more than $11k to him. What I've been looking at for a replacement with that few miles will end up costing him $$$ out of his pocket.

Just curious if there are other options than taking a check for an amount that doesn't equal what the truck is worth to him.

Insurance companies usually pay less than Blue Book value anyway if a vehicle is a TL. They will find comparables in the area to substantiate pricing. Insurance company only owes market cost of the vehicle.

KcFanInGA
06-30-2009, 01:59 PM
There isn't a legal argument for more money to be made, unless your father is willing to fake some neck pain.

This is worth it for the pain pills alone..:D