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farmer's ins/total loss loballing...need help

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canyon53s

Guest
:confused: from california

am having great difficulty with farmers ins:.. was hit by a driver/car is total loss. company is using ccc method for reimbursement quotes. several questions:

1) under california law, what is used as a standard of reasonableness for distance/time to travel when ccc cites a comp vehicle? (e.g.... they have cited two vehicles over 90 miles1 hour 45 minutes one way, away)

2) when they use private party adds, how do they "know" the take price?

3) if the accident was deemed not my fault, can they make my $1,000.00 deductible apply?

4) should i be able to examine the comps listed, myself? (all were gathered BEFORE my accident occured... thus I cannot see the vehicles to see condition)

5) do i i have leverage to ask for a carfax vin check on such vehicles?

HELP!!!!!!
 


stephenk

Senior Member
Yes, they can make your deductible apply. You would then have to go after the other driver in small claims court for reimbursement or let Farmers go after the other driver's insurance company for reimbursement of the property damage and deductible.

What is the difference between what you believe your car is worth and what Farmers is offering?

Ask them to run a new series of comparable cars for sale at or shortly after the date of loss. If your car had special attributes that you believe make it worth more than their offer, present them with photos, receipts or your own series of comparable car sales.
 
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canyon53s

Guest
answers... and some questions.

:confused:

Yes, they can make your deductible apply. You would then have to go after the other driver in small claims court for reimbursement or let Farmers go after the other driver's insurance company for reimbursement of the property damage and deductible.

ARE YOU SAYING THAT MY OWN INSURANCE COMPANY, WHO IS LOW BALLING ME IS ACTUALLY GOING TO ADVOCATE FOR MY BEST CONDITION? THE OTHER DRIVER IS IN A COMA. HAS BEEN FOR ALMOST A MONTH.

What is the difference between what you believe your car is worth and what Farmers is offering?
ABOUT $2K... + EXPENSES.


Ask them to run a new series of comparable cars for sale at or shortly after the date of loss. If your car had special attributes that you believe make it worth more than their offer, present them with photos, receipts or your own series of comparable car sales.

I DID THIS.... THE COMPS THEY RAN WERE DONE (END DATE) TWO DAYS BEFORE MY ACCIDENT OCCURED. SEVERAL ARE ABOUT (ROUND TRIP) 3.5 HOURS AWAY. ONE WAS PREVIOUSLY A RENTAL.
THREE ARE PRIVATE PARTY ADDS... HOW WOULD THEY KNOW THE TAKE PRICE, EH? THEY HAVE NOT CONSIDERED MY VEHICLE PROPERLY IN THEIR COMPS, THAT IS CLEAR. I HAVE A BEVY OF DIGITAL PHOTOS. I DID GIVE THEM THREE (THAT IS WHAT THEY ASKED FOR) COMPS. ONE WAS A PERSONAL INSPECTION BY ME... THE OTHER TWO, ADDS. THEY CAME BACK WITH THE LINE.... BUT THOSE ARE NOT "TAKE" PRICES. SO WHY DID THEY HAVE ME BOTHER?

QUESTION: CAN I DEMAND NEW COMPS GIVEN THE END OF THE COMPS THEY SENT WERE TWO DAYS PRIOR TO MY ACCIDENT, THUS NO CHANCE FOR INSPECTION?

CAN I ASK FOR COMPS TO REACH ME QUICKLY SO I HAVE THE OPPORTUNITY TO INSPECT? (AFTERALL, THEY HAVEN'T, IN THREE OF HTE CASES.... SO HOW CAN THEY TELL ME THEY ARE COMPERABLE TO MY VEHICLE?
 

stephenk

Senior Member
what type of car are you trying to get paid for? what are the other expenses you are trying to get them to pay?

was the other driver insured? if yes, Farmers will go after the other driver's insurance company to be reimbursed for whatever amount they pay you, including your deductible.

If you dont like the offer Farmers is making, you can always make your property damage claim against the other driver's insurance company. But dont expect much, if any, difference in what they may offer you for your car.
 
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canyon53s

Guest
:confused: from california

what type of car are you trying to get paid for? what are the other expenses you are trying to get them to pay?

ANS: I am trying to get paid for a 2002 Toyota 4-runner, 10,808 miles, owned for 8 months, in (well was) in perfect condition. some items of a personal nature lost in accident, or after accident (my crucifix, and i cannot get my cd out of the player; expenses incurred for use and another's vehicle to look for cars; extensive telephone expenses; etc. the injuury part is being handled by an attorney, but he does not do property end of things.


was the other driver insured? if yes, Farmers will go after the other driver's insurance company to be reimbursed for whatever amount they pay you, including your deductible. Other

ANS: other driver is insured by a company who apparently will NOT call me back. I have tried to reach Coast National at lesat six times, have left messages and e-mail address. cannot get a return call or e-mail.

If you dont like the offer Farmers is making, you can always make your property damage claim against the other driver's insurance company. But dont expect much, if any, difference in what they may offer you for your car.

thank you
 

stephenk

Senior Member
your personal property lost in the accident would fall under your homeowner's insurance. but remember, if the cost of the crucifix and one CD is less than your deductible it wont be worth making the claim.

Your costs in driving to look at comparable cars and phone calls wont be reimbursed by your carrier. remember they are giving comparable car estimates not exact condition as your car. there will always be an issue regarding some aspect of the comparable estimates, ie. the paint is more faded, tires have less tread, etc.

if you and carrier are 2k apart, why not compromise at the difference. ask just for 1k more and get it over with. if the adjuster is not cooperative, speak to the supervisor.
 
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canyon53s

Guest
UGH! let me see if i have this straight..

:confused: from california

let me see if i have this straight:

I am driving along, minding my own bussiness... get hit by an out of control (charged with) drunk driver....

please enlighten me as to WHY i should have to assume a single cent of the costs of this accident?

i have been out of work for 45 days. my car was totalled. the insurance company is trying to screw me on my car value. and i somehow am supposed to compromise ont he value of my car, which was paid for in cash?

i sure hope you are kidding.
 

stephenk

Senior Member
not every cost you assume is covered by your insurance, especially if they are expenses you are voluntarily assuming - gas costs attributed to driving to view every car used as a comparison by your carrier. You can make a claim against the drunk driver's insurance company for costs not covered by your carrier.

as to the value of your car, there is always going to be a difference of opinion as to what you believe your vehicle is worth and what your insurance carrier thinks it is worth. At some point the time and effort to extract that last dollar results in an overall loss to you. A 2k difference in price value is not "screwing you", as you have found out with the different prices you and your carrier have come up with concerning your car.

if you dont like what your carrier is offering, hire an attorney, or go alone, and file suit against the other driver. you can then claim everything you believe you should be entitled to. remember, that doesnt mean you will recover everything you think you are entitled to.
 
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ProResearch

Guest
Nothing seems "fair" in an ASSident... especially if the other person is at fault. I believe we will always lose something in the property damage side of things, whether it's $2,000 or $200. That is why you should make sure you negotiate (or your attorney negotiates) for a higher figure on the personal injury side of things *if* you are injured.

By the way, get some dealer quotes for your vehicle and send it to your insurance company. They will try to take the average of the lowest quotes, but don't let them. If they feel like they have to take an average, it should be of the highest range of the quotes. All things are negotiable.....

Good luck to you! And just a side note, it hurts less, means less and really isn't a "life" thingy after about 18-24 months. At least this is from speaking of my first car wreck ever in July 2001 with the at-fault driver running a stale red light.

At first, I didn't see how any of this was fair........ but now after all this time, settlements have been made (property damage in September 2001, and personal injury in September 2002), I am ready to go on with LIFE and realize life just isn't fair at times and the law isn't fair at times! Try not to let it consume you. Make up the money difference in your personal injury claim on the 'pain and suffering' side. That's about all you can do.

Yeah, this is one of the lovely 'freedoms' that they fight for ...... lol
 
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canyon53s

Guest
and so much more.. on farmers ins

I have to honestly say, the advice i got here was really terrible. fact is, i do have a way to pursue this...

thanks to the folks at pro discussions for helping me out.

i must say, i appreciate your time... but your advice is way of the mark.
 

stephenk

Senior Member
never mind. i read your posts and the responses at pro discussion. even read the article by the bad faith attorney.

you are right. go ahead with the hired appraiser and retain the attorney for a bad faith class action he is preparing. In about 1-2 years you will reach some type of settlement, maybe, over the 2k difference in the value of your car, less attorney fees and costs.

good luck.
 

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