Harris County Street sweeper totalled my car while it was parked at residence.

[laboroflove11]

What is the name of your state (only U.S. law)? Texas

I recently, Nov. 18 2016, had my vehicle parked outside my girl friend's residence and it was hit by a Harris County street sweeper truck. At first glance it looked like the tail light was broken and then once you walk around the car it is clear that the impact buckled the rear quarter and now the trunk will not close. I full coverage on the vehicle and I contacted my insurance company to get some input. Then I contacted the proper people at the county and was informed the only way to claim this was to have my insurance company settle the claim and there was a form they could use to apply for reimbursement for the claim through the county. I have had the vehicle inspected and the damage is over 5000.00, and the insurance company valued the loss as a total loss and then gave me an estimated loss value of roughly 1000.00 less than what the car is really valued at in this market. The car still runs and drives fine, I owe 2400.00 and they are giving me 1700.00 and that puts me out a vehicle and still owing money and my insurance won't budge an inch. They are willing to pay the lienholder 1050.00 and let me keep a car that I should not have to pay to repair, it didn't need any repairs other than a set of front tires prior to being hit. I am wondering if there is any course of action I should take to remedy this. It was a hit and run, my insurance company is using my deductible so the numbers are 500.00 from what they could be I should not have to use my deductible in this matter. I also should be able to have at least enough to replace the vehicle. I have found one comparable vehicle in the US in Georgia and it is selling for 3400.00 but then of course I need to satisfy the 2400.00 balance owed on the vehicle. The lien holder is the seller, small used car dealer, but if I keep the car all the proceeds he will keep and it will still be my expense to repair the vehicle. Any help at all would be greatly appreciated. I am under insured, as it would seem, through USAA.

Thanks in advance.
Gene

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

I recently, Nov. 18 2016, had my vehicle parked outside my girl friend's residence and it was hit by a Harris County street sweeper truck. At first glance it looked like the tail light was broken and then once you walk around the car it is clear that the impact buckled the rear quarter and now the trunk will not close. I full coverage on the vehicle and I contacted my insurance company to get some input. Then I contacted the proper people at the county and was informed the only way to claim this was to have my insurance company settle the claim and there was a form they could use to apply for reimbursement for the claim through the county. I have had the vehicle inspected and the damage is over 5000.00, and the insurance company valued the loss as a total loss and then gave me an estimated loss value of roughly 1000.00 less than what the car is really valued at in this market. The car still runs and drives fine, I owe 2400.00 and they are giving me 1700.00 and that puts me out a vehicle and still owing money and my insurance won't budge an inch. They are willing to pay the lienholder 1050.00 and let me keep a car that I should not have to pay to repair, it didn't need any repairs other than a set of front tires prior to being hit. I am wondering if there is any course of action I should take to remedy this. It was a hit and run, my insurance company is using my deductible so the numbers are 500.00 from what they could be I should not have to use my deductible in this matter. I also should be able to have at least enough to replace the vehicle. I have found one comparable vehicle in the US in Georgia and it is selling for 3400.00 but then of course I need to satisfy the 2400.00 balance owed on the vehicle. The lien holder is the seller, small used car dealer, but if I keep the car all the proceeds he will keep and it will still be my expense to repair the vehicle. Any help at all would be greatly appreciated. I am under insured, as it would seem, through USAA.

Thanks in advance.
Gene

You are only entitled to the actual value of your vehicle at the time of the loss. You are not "underinsured", rather, you are simply upside-down on your loan (that means that you owe more than the car is worth.)
If you aren't satisfied with what your insurance company is offering, then you may wish to consider filing your own claim with the county. You will need to gather information proving that your vehicle is worth what you say it is...and a single car advertised in another state is not "proof".

 

[laboroflove11]

thank you Zigner

I understand what you are saying completely, and wanted to clarify that the one vehicle I found is the only one of the same make and model with approximately the same miles and condition, slightly higher miles. I also used multiple valuation sites and did not find any that would value my car as low as the insurance company claims the value to be. I might be wrong, and you may be spot on but it still doesn't seem logical that I should suffer this loss of viable transportation when it is not a loss that I am responsible for. Sure consequences occur in daily life but it would be nice if the party would be able to pay for the repair, as I will not be able to get another vehicle, i will have to fix this one.

The county will not process any claim from a private individual, as Texas requires all motorists to have insurance, the County requires that the claim be handled by the motorist's insurance provider.

 

[FlyingRon]

A sales advertisement is not a valuation of the car, no matter how similar it is to your car.

The law is unconcerned with whether you are out a means of transportation. The damages due are limited to the FMV of your car, not whether you were fiscally irresponsible in purchasing it.

Despite what you were told, the county has to deal with the owner of the vehicle. What if it were not insured at all (only liability is required by law)?

 

[Zigner]

The county will not process any claim from a private individual, as Texas requires all motorists to have insurance, the County requires that the claim be handled by the motorist's insurance provider.

To expand on what FlyingRon said...the county will process any claim it receives. That "processing" may result in a denial, at which point you would sue. Who told you that the county wouldn't process your claim?

 

[laboroflove11]

To expand on what FlyingRon said...the county will process any claim it receives. That "processing" may result in a denial, at which point you would sue. Who told you that the county wouldn't process your claim?

the County administrator, "we do not process claims from private parties"

 

[adjusterjack]

the County administrator, "we do not process claims from private parties"

He's full of crap. What you do is make a written demand for the amount of compensation that you want and send it to the county administrator. That puts you on record and if you get a declination or don't get a response, you sue the county in small claims court. He'll have to "process" it then.

Meantime, look up your car at the websites of NADA, Kelley Blue Book, and Edmunds and get a range of values based on your car's features, mileage, and condition prior to the accident.

 

[Zigner]

He's full of crap. What you do is make a written demand for the amount of compensation that you want and send it to the county administrator. That puts you on record and if you get a declination or don't get a response, you sue the county in small claims court. He'll have to "process" it then.

Meantime, look up your car at the websites of NADA, Kelley Blue Book, and Edmunds and get a range of values based on your car's features, mileage, and condition prior to the accident.

Agreed...with one caveat. Counties will sometimes require a specific form/format. The OP should explore that within his county.

ETA: I would recommend that the OP contact his county's County Attorney's Office for direction on how to file a claim with the county.

 

[HighwayMan]

I recently, Nov. 18 2016, had my vehicle parked outside my girl friend's residence and it was hit by a Harris County street sweeper truck.

By the way, how do you know that's what happened? Did you witness the collision?

 

[Zigner]

Even better, here is information on how to contact the claims folks directly: http://www.harriscountytx.gov/hrrm/Claims.aspx

 

[laboroflove11]

By the way, how do you know that's what happened? Did you witness the collision?

There is a witness a neighbor who is also a police officer, saw it occur and that is how we know that the damage was caused by the street sweeper. I am grateful for the input and I will follow up by contacting the county and making the claim myself. As for valuation I have used NADA, primarly because it is the most widely trusted and as a former auto dealer NADA is the only valuation guide that the dealers use and the banks use in my experience all other guides have discrepancies. NADA uses published records of sales transaction by market region and is by far the most recognized. USAA sent me some valuation from some company i have never heard of and in 35 plus years in the automotive business I can't say I have seen an insurance company that has been so adamant that their evaluation is accurate. NADA values the vehicle at 3700.00
and given that the high book in excellent condition is 4500.00 I am inclined to believe the ACV is closer to 3000.00. Is that unreasonable?

 

[Zigner]

There is a witness a neighbor who is also a police officer, saw it occur and that is how we know that the damage was caused by the street sweeper. I am grateful for the input and I will follow up by contacting the county and making the claim myself. As for valuation I have used NADA, primarly because it is the most widely trusted and as a former auto dealer NADA is the only valuation guide that the dealers use and the banks use in my experience all other guides have discrepancies. NADA uses published records of sales transaction by market region and is by far the most recognized. USAA sent me some valuation from some company i have never heard of and in 35 plus years in the automotive business I can't say I have seen an insurance company that has been so adamant that their evaluation is accurate. NADA values the vehicle at 3700.00
and given that the high book in excellent condition is 4500.00 I am inclined to believe the ACV is closer to 3000.00. Is that unreasonable?

If NADA values it at $3,700, why don't you believe that is the ACV at the time of the loss?

 

[laboroflove11]

If NADA values it at $3,700, why don't you believe that is the ACV at the time of the loss?

needs two tires up front and the radio doesn't work, and the headliner is hanging down in the rear passenger area. If those items were good i would say that 3700.00 would be accurate.

 

[Zigner]

needs two tires up front and the radio doesn't work, and the headliner is hanging down in the rear passenger area. If those items were good i would say that 3700.00 would be accurate.

The two tires would be factored in to the pricing, but I suspect you aren't accurately entering the information about the condition of your car. As always, though, ask for the barn, settle for the horse.

 

[justalayman]

There is a witness a neighbor who is also a police officer, saw it occur and that is how we know that the damage was caused by the street sweeper. I am grateful for the input and I will follow up by contacting the county and making the claim myself. As for valuation I have used NADA, primarly because it is the most widely trusted and as a former auto dealer NADA is the only valuation guide that the dealers use and the banks use in my experience all other guides have discrepancies. NADA uses published records of sales transaction by market region and is by far the most recognized. USAA sent me some valuation from some company i have never heard of and in 35 plus years in the automotive business I can't say I have seen an insurance company that has been so adamant that their evaluation is accurate. NADA values the vehicle at 3700.00
and given that the high book in excellent condition is 4500.00 I am inclined to believe the ACV is closer to 3000.00. Is that unreasonable?

You are a former dealer and was trying to use an advertised price of a vehicle as the market value? If anybody should realize that the advertised price is just that; an advertised price, not the expected sales price, it would be a dealer.

I wouldn't be surprised to see a selling price at least 25% off that price.