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Rear ended ... need advice

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K

kwg11

Guest
Hello, I live in Virginia.
Recently my son was rear ended while sitting at a stop sign. The other driver has insurance and they are paying for a rental car for my son. My son took the car for an estimate/repairs and the body shop told him the other drivers insurance may want to total the car.
Here is the problem: The car was a mint condition 86 Dodge 600 convertible with a new engine, new top, new paint and new tires which I have all the receipts for. I restored the car to give to our son (I bought it new in 86) and he has kept it immaculate since he has had it. Now if they give him "book" value on the car where will he find another car as dependable as this car ...what with the new engine and all? Answer is HE CANT!
All he wants is his car returned to the way it was before their insured slammed him from behind.
Now they haven't actually said they want to total it yet but that is what the body shop is thinking they will do. What rights does he have if they try and total the car and should he try and take them to small claims court to make them pay or should he get an attorney? I would think an attorney would turn up their nose to something this small.
Thanks for any and all advice.
 


I

I AM ALWAYS LIABLE

Senior Member
kwg11 said:
Hello, I live in Virginia.
Recently my son was rear ended while sitting at a stop sign. The other driver has insurance and they are paying for a rental car for my son. My son took the car for an estimate/repairs and the body shop told him the other drivers insurance may want to total the car.
Here is the problem: The car was a mint condition 86 Dodge 600 convertible with a new engine, new top, new paint and new tires which I have all the receipts for. I restored the car to give to our son (I bought it new in 86) and he has kept it immaculate since he has had it. Now if they give him "book" value on the car where will he find another car as dependable as this car ...what with the new engine and all? Answer is HE CANT!
All he wants is his car returned to the way it was before their insured slammed him from behind.
Now they haven't actually said they want to total it yet but that is what the body shop is thinking they will do. What rights does he have if they try and total the car and should he try and take them to small claims court to make them pay or should he get an attorney? I would think an attorney would turn up their nose to something this small.
Thanks for any and all advice.
Click to expand...

My response:

All of the items you have mentioned are "maintenance" items; e.g., tires, engine, paint, etc. These items are the minimal items to make a car both functional and aesthetically pleasing - - nothing more.

It's not as if you had gold trim, or magnesium wheels, or pearl paint, or electronic seats with tuck and roll upholstery, chromed engine, low profile tires, or chain steering wheel with dingle balls around the windows - - and, of course, a dog with shaking head on the rear deck. In the final analysis, you had a "rebuilt" 1986 Chrysler which, even in a rebuilt condition, isn't worth much. The sum of its parts are worth more than the whole, and the insurance company isn't going to pay you extra for the a pile of parts.

Just imagine, if you will, that the car was damaged in its "pre-rebuilt" condition - - how much would it have then been worth?

But, let's face it, it's not a Masseratti - - it's a "not-too-sought-after" common, uninspiring, American car that, even in it's better days, was still a Chrysler product.

If the insurance company "totals" it, all you're entitled to is the "fair market value" for a vehicle in that condition, at that age, which won't be very much.

So, in short, it's your business if you want to spend $4,000.00 to rebuild a car that, soaking wet, is only worth $1,500.00. But, since that was your choice, don't expect to get $4,000.00 back. You'll only get it's fair market value.

It's like buying a home in a $200,000 neighborhood, and fixing it up for $500,000.00, and making it the best-looking house around. However, in such a neighborhood, don't expect to get your $500,000.00 back. You overbuilt for the neighborhood, and you "over-repaired" the car when compared to its fair market value.

IAAL
 
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K

kwg11

Guest
Yes,I understand what you are saying...and I am aware of those things..(I am also aware of the fact that you don't care for Chryslers..lol, but that is your right) The point that I am TRYING to make is that with all the new stuff on the car it would have probably (unlike many other cars) gone ANOTHER 15 or 16 years providing my son with good dependable transportation. My son is NOT a LAWYER...he cannot just shrug this off and buy a Maserrati. So what you are saying is to TAKE whatever measly settlement they offer (if and when it comes to that) and try and find another car which would be as dependable as this was and had been for the last 16 years?
That won't happen as you know. I am talking about providing my son with dependable transportation here...I am not BOASTING about an 86 600. So if someone rear ends and totals a mint
(insert YOUR favorite older car here) and the other drivers insurance company doesn't want to give you what you think it is worth ...oh by the way you were using that car as your only means of DEPENDABLE transportation... you should just take the money and be happy...is THAT what you are saying? I think he should either have his car repaired or be compensated enough to get another dependable car. This accident was NOT his fault and he shouldn't have to pay for ANYTHING here and if he gets screwed out of DEPENDABLE transportation then he is paying for someone elses stupidity.
Like I said before any and all ADVICE will be appreciated.
 
J

JETX

Senior Member
With all due respect to IAAL, there is some hope for your valuation.

IF/when the insurance company totals the vehicle, you can ask them to consider the expenses you incurred in 'improving' the vehicle. The 'market value' they will offer will be based on certain assumptions, like an '86 engine (with umpteen thousand miles), and an '86 top with the normal wear and tear. If you can show them receipts that the 'market' assumptions are not valid, they will allow compensation for that. The paint and tires though are likely not compensable. However, you could buy the tires back from them.

A few years ago, my then teenage son totalled out his mothers car.... shortly after we had installed a rebuilt engine. When I presented the engine receipt to the insurance company, they added that cost to their settlement offer.
 
K

kwg11

Guest
So, if and when they do total the car....THEY are going to keep the car???
This is really mind blowing!
Its just as if this guy hits my son from the rear and then gets out with a bullhorn and screams "WELL THERE GOES YOUR DEPENDALBLE TRANSPORTATION ... AND THERES NOTHING YOU CAN DO ABOUT IT...HAHAHA!!!"
Lets say for the sake of argument that this insurance co. totals the car at 1800 dollars. Then THEY keep the car...sell it to a wrecking yard for 500 or 600 (new engine) then the whole thing only cost them 1200.....is that right???? There HAS to be a law somewhere that states if their insured was at fault they have to fix your car.
I think it may come down to taking their insured to small claims court ... or should we take BOTH the insured and insurers to small claims court??
Insurance companies shouldn't be allowed to get away with this.
 
I

I AM ALWAYS LIABLE

Senior Member
stephenk said:
they can total the car and you can request to keep it.


My response:

Yes, but not for free. The insurance company would be buying the hulk, and reselling it to a junkyard for "salvage" value. So, our writer would have to pay the insurance company the "salvage" value in order to keep the car; i.e., the amount that the junkyard would have paid the insurance company. And, the car would be retitled as a "salvage" vehicle - - thereby reducing it's value even further should our writer want to sell it at some point.

Figure on having the insurance company cut you a check for between $150.00 to $250.00 less than their settlement amount to you if you want to buy the salvaged vehicle, and thereafter pay to have it repaired yourself.

IAAL
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