Customized Car Similar to other posts, Not exactly

What is the name of your state? Arkansas

Good afternoon all. Please excuse the dissertation. I was in an auto accident (rear-ended) on May 8th, 2006. I was stopped waiting to turn and a gentleman was stopped behind me. An Allstate insured driver rammed the man who was behind me, who in turn rammed me. (Three vehicles involved)

Although the police report states clearly who was at fault, I am having a difficult time with settling the case due to the "bluebook value" of the car. I had been working with a local rep on my case and was not able to come to an agreement, so I asked to speak with his boss. We were still not able to agree on a settlement. I sent a complaint to the corporate office and just got referred back to the Arkansas rep, who I had already spoken to.

I have faxed and e-mailed proof to both that the car is a World Record holding competition car with receipts proving it's value of over $18,000. I have also sent links to websites that feature the car, pictures of the car and over 100 trophies, and also show stats for the last three years. Competition is the sole purpose of this car and it is either garage kept or on a trailer on the way to a show. I had driven it that day only to keep the battery charged and to circulate the fluids.

I am a USACi competitor who is sponsored and is obligated to attend World Finals in November, as well as other major shows throughout the year (consequences if I do not). The rear end of my car is wrecked and I have only a couple of months to get the car back to the condition before the wreck. There are monetary rewards for doing such shows which I will not receive and I may loose my sponsors.

Long story short, I have been offered $2250 and keep the car, which I can not begin to fix the car for that due to frame and reinforcement damage. The estimate to fix the car was $5700; I have asked for $4500. I do know that the gentleman behind me was taken care of and all I am asking is that Allstate do the right thing by taking care of me. I am not trying to get anything free from their company; I am just trying to return the car to the condition before the accident and to fulfill my obligations as a competitor. It is my opinion that I have provided sufficient proof of the sole use and value of the vehicle.

I contacted a few attorneys who would not speak to me because there was no personal injury involved. Others tell me that the case is not worth trying. Am I just to expect a loss at the cost of a Allstate driver who was not paying attention to the road? Do I have a chance in court, or am I fighting a loosing battle?

By the way, I have filed a complaint with the AR Insurance Dept, but have not heard anything yet.

Thank you for your time

Sue the driver of the at-fault vechicle for the cost of repairs.

I am concerned, however, about your statement that you can prove what the "sole use" of the vehicle was. If this is solely a show car, why were you driving it outside of that "sole use"?
I still think you have a good chance for recovery in a small claims action (up to the maximum for your state which is $5,000)

Please see http://courts.state.ar.us/pdf/small_claims_info.pdf for more information

Have you contacted your insurance company for help? FYI, I HOPE that you have informed your insurance company about the USE and the VALUE of the vehicle, and are insuring it appropriately. The other carrier is only required to offer Fair Market Value or Actual Cash Value for the vehicle. Have you tried arbitration?

Thank you for your quick reply. I do drive it occasionally to local (within 1hr) shows and in town to keep the motor running properly, battery charged, etc. My insurance policy allows 1000 miles per year (I believe).

I will check into my options. Thank you again for your quick response.

averad said:

Believe thats the answer.

Click to expand...

Yep, I'd have to agree with you there.

moburkes said:

Have you contacted your insurance company for help? FYI, I HOPE that you have informed your insurance company about the USE and the VALUE of the vehicle, and are insuring it appropriately. The other carrier is only required to offer Fair Market Value or Actual Cash Value for the vehicle. Have you tried arbitration?

Click to expand...

Yes. I have contacted my insurance company and they want to stay out of it. They do not offer policies for cash value.

Zigner said:

Yep, I'd have to agree with you there.

Click to expand...

Zig: Averad didn't post on this thread.

QuietB4TheStorm said:

Yes. I have contacted my insurance company and they want to stay out of it. They do not offer policies for cash value.

Click to expand...

You need to change insurance companies FAST. You are not insured for 1. the current use of your vehicle 2. what you say your vehicle is WORTH, yet you want a different insurance company to offer more than what you have insured your OWN vehicle for. You've got a problem, my friend.

moburkes said:

Zig: Averad didn't post on this thread.

Click to expand...

I originally did post but, removed my post as the OP answered with aditional information.

Here is what I posted:

QuietB4TheStorm said:

Competition is the sole purpose of this car and it is either garage kept or on a trailer on the way to a show. I had driven it that day only to keep the battery charged and to circulate the fluids.

Click to expand...

Zigner said:

If this is solely a show car, why were you driving it outside of that "sole use"?

Click to expand...

Believe thats the answer.

moburkes said:

You need to change insurance companies FAST. You are not insured for 1. the current use of your vehicle 2. what you say your vehicle is WORTH, yet you want a different insurance company to offer more than what you have insured your OWN vehicle for. You've got a problem, my friend.

Click to expand...

Ok. I don't know if you can post company info here or not, but I'll ask and you can correct me if I can not. What companies offer such policies. None local here that I know of.

Oh, I don't know. Open upthe phone book. Look for specialty auto insurance. Keep calling until you find what you need.

I insure my 66 GTO for full replacement value (about $30,000) through Hagerty. Total cost is less than $400 a year.

Thank you. I will see what i can find. Hagerty is only for collectibles (86 and older). In the mean time, I will be talking to the local court system about a small claims case. Should I try to work it out with the guy at fault first, or should I just file a case?

QuietB4TheStorm said:

Thank you. I will see what i can find. Hagerty is only for collectibles (86 and older). In the mean time, I will be talking to the local court system about a small claims case. Should I try to work it out with the guy at fault first, or should I just file a case?

Click to expand...

Send the guy a letter stating what you are asking for. Send it certified mail, return receipt requested. Give him a reasonable time to respond (10 days should be sufficient). Then, if you don't get a response, file the small claims suit.

Quick question - when you were struck, do you remember one impact, or two?


PS: I assume you didn't claim any physicial injuries to the insurance company. Just be aware that doesn't preclude you from asking for pain & suffering in the small claims suit.