My Parked Car Hit - Insurance wants to total way under value.

[Slopilot]

What is the name of your state? CA

A few days ago my car was hit by a Mercedez that was backing out of his spot. The only witness was a security guard who states that the driver appeared to be driving away but stopped when he saw the guard. A report was filed and the driver now accepts full resposibility. I drive a very low mileage 96 mazda mx6 which now has a rather large dent in the left rear quarter panel. The problem is that I just had the damages estimated and now Farmers considers my car totaled. Farmers values my car around $1600 while kelly blue book values it at $3800. Early estimates say it will take $3000-$4000 to fix. Chances are that Farmers will offer me the value of my car ($1,600) which will then become a salvage vehicle.

What I want is my car to be repaired since I know it is worth about $4000. Is there anything I can do to avoid getting ripped off by the insurance company? Will it be worth fighting with Farmers or taking the driver to small claims?

A question on the side... I was informed that it is California law that I am allowed to have my car be returened (fixed) as a whole. In other words, since the new paint on the damaged side will not match the rest of the car, is it Farmers responsibility to paint the whole car?

I appreciate in advace for any help!

Slopilot

[Lynx 36]

Quote: "What I want is my car to be repaired since I know it is worth about $4000. Is there anything I can do to avoid getting ripped off by the insurance company?"

Unfortunately it is not your choice, it is up to the insurance co. to decide if they want to total or not.

Quote: "Will it be worth fighting with Farmers or taking the driver to small claims?"

Probably not. It's very, very hard to beat an insurance co. on this. The insurance co. will use retail price when totalling out a car. If you think you can show documents that prove the car was worth more you may consider taking their insured to small claims court. To do this you will need to hire an appraiser on your own dime. Kelly Blue Book is not widely used by insurance co.'s or car dealerships. They use NADA or CCC. I use NADA personally as well. I don't put much stock in KBB.

Quote: "A question on the side... I was informed that it is California law that I am allowed to have my car be returened (fixed) as a whole. In other words, since the new paint on the damaged side will not match the rest of the car, is it Farmers responsibility to paint the whole car?"

No. They are only required to fix the damage. It's your responsibility to keep your paint from oxidizing. Your paint has faded through the years and it isn't the insurance co.'s responsibility to pay to have your whole car painted. Not in CA or anywhere.

[Slopilot]

Thanks for your help.

[teflon_jones]

Originally Posted by Slopilot

Farmers values my car around $1600 while kelly blue book values it at $3800. Early estimates say it will take $3000-$4000 to fix. Chances are that Farmers will offer me the value of my car ($1,600) which will then become a salvage vehicle.

What I want is my car to be repaired since I know it is worth about $4000. Is there anything I can do to avoid getting ripped off by the insurance company? Will it be worth fighting with Farmers or taking the driver to small claims?

A question on the side... I was informed that it is California law that I am allowed to have my car be returened (fixed) as a whole. In other words, since the new paint on the damaged side will not match the rest of the car, is it Farmers responsibility to paint the whole car?

Have you asked Farmer's what they're basing the value of the vehicle on? That is low, it should be around $2700 unless the car was falling apart or had very high mileage (based on nada.com low retail, which is what they're probably using).

Based on a $3000-4000 repair bill (how the heck do you get that much damage from somebody backing into you?), the car should definitely be totaled, and it's their choice whether they want to do this. You may have the option to purchase it back for salvage value. I'm not sure of the specific in CA.

Paint can be matched, so they don't need to paint the whole car. It'll just be blended with the surrounding panels.

[Slopilot]

Thanks guys for your input. I still have not heard from Farmers yet since they are waiting to get the estimate from the auto body shop I went to. The initial estimate the computer gave was $1600. From NADA the max retail value was $5700 where as the low was $3700. My car has 50,000 miles with very good interior and a few minor scratches on the outside. I keep very very good car of my car and have logged everything I've bought for it (oil, wipers, tires, etc.).

Fortunatly I haven't been in this situation before so it is hard for me to understand why a simple dent would cost 3 or 4 thousand. By the look of the original estimate the painting labor seemed to take over the majority of the bill. So it is more than likely it will be totalled. Now I just have to maximize the amount Farmers gives me.

[Lynx 36]

Originally Posted by Slopilot

Thanks guys for your input. I still have not heard from Farmers yet since they are waiting to get the estimate from the auto body shop I went to. The initial estimate the computer gave was $1600. From NADA the max retail value was $5700 where as the low was $3700. My car has 50,000 miles with very good interior and a few minor scratches on the outside. I keep very very good car of my car and have logged everything I've bought for it (oil, wipers, tires, etc.).

Fortunatly I haven't been in this situation before so it is hard for me to understand why a simple dent would cost 3 or 4 thousand. By the look of the original estimate the painting labor seemed to take over the majority of the bill. So it is more than likely it will be totalled. Now I just have to maximize the amount Farmers gives me.

I did some checking too and $1,600 is not even in the ballpark. I don't blame you f/ questioning the value on it. It seems very low.

[Slopilot]

It is to my understanding that insurance companies play the intimidation card since most people will roll over. Talking with some friends it sounds like I should be able to negotiate the price by supplying examples of the going cost for my car. .... errrrr... Man they really have us by the balls... at least in CA they do.

[Lynx 36]

Originally Posted by Slopilot

It is to my understanding that insurance companies play the intimidation card since most people will roll over. Talking with some friends it sounds like I should be able to negotiate the price by supplying examples of the going cost for my car. .... errrrr... Man they really have us by the balls... at least in CA they do.

Absolutely, negotiate w/ them. I'm actually a little surprised by their lowball offer. They usually offer at least low retail f/ a car. There isn't any prior damage on the car is there? They do subtract off the price if there is.

[Slopilot]

There is no prior damage. I bought the car with only 25,000 miles on it from an old man who passed away. I will let you know what happens