Rearended then screwed! Need advice!

[jnlwriter]

What is the name of your state? New York

We were rearended the other night. We are insured by USAA with a $1000 deductible on collision, and the woman is insured by State Farm. We can drive the car, but the back is all smashed in, pretty ugly, and we can't close the trunk, have to tie it down.

Anyway, today we took it to State Farm's authorized estimator and they declared our car totaled. They said they would pay us the value of the car if and when we send them the title and that's it. We do not even have the option of taking the money and using it toward a partial repair. To me, this is totally wrong. We love this car, it's in great mechanical condition. And even if they were to give us the book value of the car, which is $2750, there is no way in hell that we can get a car as good as ours is for the same price.

SO, what are our options? Should we contact our insurance company and ask them to sue? Would they? Or should we go to small claims court with a claim against State Farm AND the driver, to pay for repairs (assuming we go get an estimate for the repairs that is under the book value of the car, which I know we can do, because the car is still driveable, so we can get partial repairs.)

Any advice is greatly appreciated.

Jennifer

 

[driftbuster]

you might be able to buy it back and do wht you want with it. you might not even get that much. ther are several "price guides" that are used. but i would never have colision on a vehicle worth less than 5000 dollars, better off putting the difference in insurance in the back towares replacement.

 

[jnlwriter]

We have non-profit insurance via the military and our collision is something like $15 per month, which wouldn't help much towards repairs of any kind. We keep our cars in such good condition that they last forever... unless some moron rearends us.

The attorney who replied to me said that "they won't give me more than blue book value," but that's not my question. I want whatever money they plan to give us, so I can put it towards repairs. How can they have the right to KEEP our car, and tell us how to use the money. We are the victims here.

Why would we have to buy it back? That makes me so angry. If they think it's value is zero, why do THEY want it? I smell a rat.

If anyone knows the Small Claims Court rules about auto accidents, in NY, let me know. Thanks!

 

[racer72]

It is going to cost more than the car is worth to repair it. And you will have to get a new title from the state and in big pink letters across the front it will say SALVAGE. Which will make the car virtually worthless. Plus 99% of the insurance companies in the US will not insure vehicles more than 10 years old that have salvage titles. The insurance company is not obligated to repair your car and they will not. Every thing the insurance company is doing is proper and per all state and federal laws. You will lose if you sue. Take the money and get something else.

 

[jnlwriter]

what gives them the right

what gives them the right to TAKE our car? What is RIGHT about an insurance company taking our car? They should pay us what we are owed as victims, and let us be. It's up to us if we want to drive a crappy looking car, but it's up to the person who hit us to be accountable for their actions. Our suit will be not for more money, but for ANY money, because once we decide to keep our car, they will refuse to pay us. Why would we lose? We're the victims. I appreciate your thoughts, but I'm mad about the situation. If you're curious, here's what a 2nd attorney has replied:

Hi Jennifer, since you can drive the car State Farm should allow you to keep the vehicle and pay you the book value for it since their adjustor deemed it a "total Loss"! If you go through your collision insurance through USAA they would probably pay you the book value of the car and of course go after the other drivers' insurance to get back all of the money they pay you and if successful they would refund you the deductible! Either way you are not going to be happy. What I do not understand is why you would pay the premiums for collision on a car which is worth less than $3000 book value. Anyway, you can sue the driver of the offending vehicle but you should first obtain at least two estimates of what it would cost to repair your car and the price of a replacement vehicle besides repair records from your regular mechanic showing that the car was well maintained and worth more than the standard book value! State Farm will probably offer you more money just to stay out of court in the matter and may even allow you to keep the car when you sue! You cannot sue State Farm but when you sue the owner of the offending vehicle State Farm has to defend the suit. If your car was a KIA or a Daewoo I can tell you that those cars lose value very rapidly whether or not they were properly maintained. Check out Kelly Blue Book or Carfax on the internet to determine the correct value of the vehicle, both high and low end!