Re: Insurance issues with roccos(LONG)

[Kevin Collins <kcollins1@socal.rr.com>]

My 2c on this issue..

I'd first try the "gentle" approach.  If the guy's insurance company is 
already ponying up for "their" appraised value minus the guy's deductible,
then they've basically conceded that the loss of the car is HIS fault (not
that there was any doubt, but..).  Seller was asking $3200 for the car, which
the test driver knew.  At the VERY least, the guy is legally on the hook
for his deductible, that would be won in a slam-dunk in small claims court.
The trickier part is recovering the difference between the lowly payoff +
$1k deductible and $3200.  

So - first I'd write the guy a letter, demanding the difference between
the insurance company check and $3200.  I would state in the letter that
this is the only acceptable remedy, and any lower payment or attempt at
negotiation will be rebuffed and result in a suit being filed in small
claims court.  State the reason why this is a reasonable demand (and it
certainly is!) and state it clearly and business-like, as this letter
will be the centerpiece of your small claims suit, should it come to that.

If the guy refuses, get some sort of affidavit(s) attesting to the 
condition of your car before wrecked, get some values of similar clean
cars, and be sure to BRING DOCUMENTATION to that effect.

I think you'd win in court.  The guy's a PRICK and a half if he doesn't
QUICKLY pony up the full amount, given the circumstances that HE created.

Good luck!

--
Kevin Collins
'86.5 16V 2.0
'00 Passat GLS 1.8T

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