RE: insurance says it's totaled, need help/advice

["Peter" <peter@thescirocco.com>]

Toby,

I'm going through the same thing with EncompASS Ins. Co.. 

I'm not trying to steal your thunder, just thought you could get something
out of this...

After 4 months, they are settling the claim, "based on the fact that we are
accepting 50% liability."

I hit him from behind, but there are extenuating circumstances.

Their driver passed me on the shoulder, got in front of me, and slammed on
his anti-lock brakes. The brakes on my car locked up, and I went into a
controlled slide for about 60ft, with the Hardy boy about 10ft in front of
me, ruining my SP 8000's by putting a flat spot on every tire. 

If he hadn't come to a complete stop on the highway, I would've just ruined
my tires.

He was cited for passing on the shoulder, and unnecessary stopping on a
highway. 

I injured my neck, shoulder joint, shoulder blade, and I'm still really
sore.

Their estimate of my damages, based on what the adjuster told the body shop.

Look how similar my damages are:

Parts (not all factory parts, VW parts is ~$1200	$444.15
Body labor 		19.8 hrs @ $38/hr 			$752.40
Paint labor 	12.6 hrs @ $38/hr 			$478.80
Paint supplies 	12.6 hrs @ $38/hr 			$226.80
Other charges							$  3.00

Total
$1905.15

I'm getting my own estimates, and I suggest you do the same...

Anyway, they detemined the "local market value" to be $924, and after 50%,
and a $100 to buy my car back, they're issuing a check for $419.50.

EncompASS do not seem to care that their insured driver did this on purpose,
that my new tires were ruined, that I have over $9000 worth of receipts and
repairs for that car, and that the low NADA value is $2675.

1984 Volkswagen Rabbit GTI 

-	Clean Carfax history
-	3rd owner car
	Only 122,194 miles
	Well maintained, and garage kept
	Receipts for over $5000 in upgrades
	Receipts for over $4000 in maintenance and repair
	30K on rebuilt 4K transmission, w/factory bolt kit
	Rebuilt factory alternator
	New battery
	30K on Sachs clutch kit
	Koni Sport Suspension
	Neuspeed Sport springs
	Neuspeed upper stressbar
	Neuspeed lower stressbar
	Urethane front strut mounts
	Urethane rear shock mounts
	K&N air filter
	Blue igniter lifetime warranty 8mm wires
	Techtonics short shift kit
	Techtonics dual downpipe
	Techtonics exhaust w/Borla stainless muffler
	Dual exhaust manifold
	195 55 14 Dunlop SP 8000 tires on stock snowflakes
	Concord by Alpine AM/FM Cassette stereo
	Concord amplifier
	Canton component speakers w/crossover
	Canton 3 ½ front speakers
	4 point rollbar (like a rollcage)
	Hella H4 headlights

I'm going to have my car appraised, get several estimates, continue medical
treatment, start physical therapy, and then let my lawyer settle this and my
injuries with the insurance mediator, or let the courts decide.

Luckily you weren't injured...

If I were you, I'd remind them that you are not pursuing any injury
compensation, you just want your car fixed.

If that doesn't get you anywhere, I'd get 3 estimates, and take them to
court for $1790, or whatever the average of the estimates is.

Was the Police officer informed, that he was on the phone at the time? 
That can only help your cause. 

Were any citations issued? If there was a police report, order yourself a
copy.

Good luck!

Peter in pain and very pissed off!
http://thescirocco.com/



-----Original Message-----
From: scirocco-l-bounces@scirocco.org
[mailto:scirocco-l-bounces@scirocco.org] On Behalf Of T. Reed
Sent: Friday, January 07, 2005 10:36 PM
To: scirocco-l@scirocco.org
Subject: insurance says it's totaled, need help/advice

Well folks,

I had a shred of hope that Daun would be wrong and the insurance would 
just "take care of the repairs", despite being a big hassle.

Nope.

The inspector came out and looked at the car on Monday. He seemed very 
optimistic and said that it was in good shape for its age, he took down 
all the option codes and asked about the damage. He said he didn't think 
it would be totalled because the damage was so minor.

The next day I received a fax from him showing an estimated $1800 in 
repair costs. I figured he had probably valued the car around $2000, so it 
wasn't looking good.

I haven't really mentioned to anyone yet that I have invested thousands of 
dollars and hours in to the car, but I kinda doubt they care anyway.

Today I finally got a call from the insurance company, telling me "the 
appraisal was finished for your car and it was deemed a total loss, 
probably based on the mileage and year".



Looking through the faxed damage appraisal, I can see about $800 in expenses

that I consider bogus or unnecessary:

2.5 hours of labor for fixing the front bumper, which was lightly 
scuffed (not even "scratched"); barely noticable and not something I 
really even care about since the bumper has all kinds of scratches already 
and someday I will get euros or repaint it.

$180 for new us headlight assy; I expect it to cost less than that to get 
a replacement euro mainbeam lense and repair the driver headlight myself. 
Oh, and 1 hour of labor to install the headlights, plus a half hour to aim 
them. That's all crap I don't mind doing myself if it saves my car from 
being totaled.

Over 2 hours of labor to remove and install fender flares and molding.. 
don't know why? The fender wasn't even damaged in the accident.

2.5 hours of labor to repair(?) and blend the fenders. I don't really 
buy this one since the car is clearcoated, and my understanding is that 
you can't blend a car with clearcoat?


And.. a half hour to remove and install the windshield wipers. I can 
(obviously) do this myself before taking it in for paint and body work.

So the old numbers were:
12.6 hrs @ 44/hr for body labor
11.8 hrs @ 44/hr for paint labor
11.8 hrs @ 22/hr for paint supplies
(plus sales tax, etc..)

total: $1790

deleting the aforementioned items brings it down to:

7.4 hrs @ 44/hr for body labor
7.7 hrs @ 44/hr for paint labor
7.7 hrs @ 22/hr for paint supplies

total: $1050

Can I negotiate the totaled status with the insurance and get them to 
fix my car, or is that "not how things work"?


The message on my voicemail said that a different insurance jerk will be 
calling in a few days to discuss the "total loss" with me.

I need to know what to do next; should I call the appraiser (does not work 
for the ins. co), should I call the insurance jerk that just informed me 
of my car being totalled?

Can I get them to waive the "salvage title" status because the car was 
hit so lightly that it only broke one headlight and mangled one spot on 
the hood?

(again, see pictures: http://www.wsu.edu/~treed2/pic1.jpg and
http://www.wsu.edu/~treed2/pic2.jpg)

Man, I'm so irritated and entirely sick of this problem. I should 
have just stayed home that day.. or beat the living crap out of that 
dakota driver for paying so little attention that he drove in to the front 
of my car, head-on.

Grrr

-Toby

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