Neighbor hit my truck parked in driveway and sent it through garage door

[jstthatguy]

I live in California and need any help i can get to settle a claim without getting screwed. The problem im having, besides Safeco being a morally corrupt and beyond disgusting company is ive exhausted most options i could find to get my claim handled properly. So heres the story. About 2 1/2 months ago my neighbor across the street came home and was parking in her driveway when somehow she hit the gas and flew across the street tearing a trash can in half, barely missing a telephone pole and jumped a curb straight into my truck nearly knocking it on its side and sending through my garage door. A great way to start my friday morning. The only thing stopping it from ending up on its side was my girlfriends jeep which was also damaged. So she has AAA and had her jeep in the shop that day while i was trying to figure out how to secure my house, assess my damages and try to get things moving with the claim with my neighbors insurance company. I unlike my gf only have liability and my insurance company had no desire to get involved. Anyway, I caught the entire incident on security video and took a ton of photos. The cops filed a report and gave me her information. The facts of who was at fault is as clear as you can get and my neighbor has taken complete resposibility. I sent this to safeco along with my request for help getting my garage door handled asap. This accident happened at 7:30 am and a safeco adjuster kindly waited until 4:30pm to finally call me and remember its friday. All she said was she would set up a rental if i wanted and she would set up someone to come out to look at my totaled truck. What about my garage door hanging dangerously and exposing thousands of dollars of tools to the world you ask. Not a thing. So i put up a temporary wall and waited until monday. Sorry i will get to the point.

Anyway i end up waiting 2 weeks until someone came to look at my truck and another several days to get their "valuation" What a joke that nonsense was. I send back a 4 page statement of damages that included a bill for the wall, estimates for the garage door, list of damaged tools and explanation of damages, and my valuation of my truck along with comparable trucks available. I got an email back ignoring all of the property damage and dismissing my comparable trucks. To add another insult, was sent another "valuation" with their comparables which lowered their price. So im furious and start studying the laws and regulations and looking for options. The email conversation between the adjuster and myself continues and i feel she has broken numerous laws and after a month had only recieved a check for about half the value of my truck and still no mention of any of my destroyed tools or door. Let me add, my truck is actually my most important tool and it was effecting my ability to make a living with out it.

I start realizing that no lawyer is going to help me because i wasnt injured and there was no real money to be made. Public adjusters in my area only care about property insurance claims because they are worth more and they can make more money. All the information that i find also cements the reality that im trying to handle a third party claim alone against a multi billion dollar corperation with unlimited resources and they are laughing in my face. So i file a complaint against safeco with the insurance commisioner. After several weeks of waiting on that process i end up getting 2 more checks but they are superficial and only to get the insurance board off their back. I was basicly told since i was a third party that they didnt have any real options to hold them accountable for how the were acting. It didnt matter that they delayed as much as possible or that i had numerous emails showing that they would ask for information and i would give it just to get asked for more info and never actually get anywhere with the claim. It doesnt matter that i have a tow company call me every day for a month and a half looking to pick up my totaled truck. So that brings me to my questions and request for any info or advise i can get.

So im left with my only option i know which is take it to court and get a judgement. I talked to my neighbor and appologized for having to sue her and she is on my side. Luckily the checks that i have recieved brings the total down enough to take it to small claims. What i need to know is first, are there any options that im missing? Next, what is the best way to prove the value of my truck? the blue book values are low also and my truck is not one that is able to be replaced, It is a 2001 nissan frontier, automatic regular cab. It is one of the best trucks made and wasnt made after 2001. Over the last 3 years i have replaced nearly every worn part. Rebuilt the suspension, replaced the timing chain, water pump, fan clutch, belts, ujoints, center bearing, brake system, hoses, etc. Like i said, its my most important tool and it has another 15 years or used to. its practically new. I figured im saving $700 a year on gas compared to other trucks. If i have to make payments on a new one then im going to end up spending over $1000 more on insurance and registration costs. Even the comparables cost at the cheapest over $2000 more then they are trying to make me accept. So any info as far as getting proof of value would be great. Next how do i show lost income? I work for myself and i know for sure that I have lost at least $2000-3000 if work due to not being able to do it. Ive been getting by because a friend is driving me around and hes helping me but that has slowed down. Next question is, i never took a rental. What is the amount i can try to claim for reimbursement for that. The last question i have may be kind of dumb, not sure. Since im going to file it in small claims and my neighbor is on my side especially since safeco isnt doing their job to protect their policy holder. Can she just not show up to the hearing and force an automatic win to my case? Is it legal or are their any issues stating that its not ok? I know safeco is obligated to defend her but they dont have any say in small claims.

Anyway, thanks for reading my sob story and i thank everyone in advance for any advise of help they can offer
Thank You

 

[Zigner]

Your 17 year old Nissan isn't worth what you think it's worth. Did you know that a 2010 Ford Ranger actually gets better gas mileage? Lastly, the insured has a duty to assist in her own defense. If she doesn't show up for court, her insurance isn't going to pay.

 

[justalayman]

Fair market value. That is what you are owed for your truck. The blue book, black book, and any of several other colors of books do provide reasonable market value. If you can prove your truck has a higher value, go for it but performing proper maintenance on it isn’t going to increase the value much of at all. Advertised prices are not sales prices and that is what is used to establish market value.

Next question is, i never took a rental. What is the amount i can try to claim for reimbursement for that.

that one is easy. You are due to be reimbursed what you paid out. Since you have no expenditures for a rental you are owed nothing for a rental.


Rgarding lost work;

You are required to mitigate your damages. That means renting a truck to replace yours if needed. If you failed to act to minimize your lost work income, don’t expect to be awarded anything. Generally since there is no injury preventing you from working you would be due nothing for lost income since you could have rented a vehicle to allow you to keep right on working.

 

[jstthatguy]

First thank you for replying. Next, I think I may have come across like im crying about a bad situation and saying the insurance company is being a big meanie. That is not the situation. What i am saying is legitimate and im not just looking for a payday.

Im not sure how a 2010 ranger has any relivance in my situation. A 2008 prius has better milage also but the regulations state a vehicle that is similar in years mileage and within 100 miles. Although i wouldnt doubt that the value of a 2010 ranger is similar or lower to the value on mine and the only vehicle that compares is a tacoma. So within a 100 miles there are no exact matches and that means my comparables are 2001 - 2004 frontiers with similar details. I listed the work done as a way to justify its value on the higher end of tghe spectrum of value. From my understanding im able to collect on what is considered being "made whole" with something similar or better then what i lost. That would mean its value is what it could have been sold for the day before the incident. The vehicles that are available to buy or currantly up for sale are 1. have a lower sale price and have been up for sale for months. That i feel says it has problems. 2. are above the blue book value and that is a majority of what i have to compare to. 3. outside of the range im able to use to compare. There are very few available that im able to use to compare to and you are right, its an asking price and not the actual sale price. So whats the answer in how i prove value. Is there somewhere i can get a list of recent sales or do i need to go to car lots and get their data? All i know is their software is flawed and biased due to being built by and to help the insurance company. Even their software was unable to find vehicles that were similar. It also states that it uses dmv data from all states to find an average. I dont know how man people i know have stated they bought a vehicle for $1 when registering. Either way i would be unable to buy a similar truck for what they offered. Its kind of funny and probably cant use as evidence but i randomly caught an episode of Judge Judy that aired on Nov 2017 and was taped within 3 months prior and had similar facts. Liberty mutual, safecos parent company, didnt pay claim on a 1996 nissan truck with same specs that was hit while parked. Other driver at fault and insurance company was scolded. She pulled out her blue book and on a matching truck 5 years older it showed its value at $7950. Ill admit it may not be that high but that is actually what my truck is selling for.

As for the rental, i didnt need it entirely at te time and was unsure of her policy limits. I didnt want to take away from the rest of my claim that was much more necessary to focus on. I lost several thousand dollars in property stored behind my garage door and yes have video of that also. Real time video of the property being damaged. Not having a truck only became an issue a after reasonable rental period ended and claim should have been settled. In california law states

If your car or vehicle has been damaged and needs repairs or is deemed a “total loss” (i.e. totaled), you are entitled to recover damages for “loss of use” of the vehicle.
To recover damages for “loss of use” of a vehicle, you must prove:
(1) The reasonable cost to rent a similar vehicle
(2) for the amount of time reasonably necessary to repair the vehicle's damage or replace the totaled vehicle. See CACI 3903M
You may recover loss of use damages even if you do not actually rent a substitute vehicle. Tremeroli v. Austin Trailer Equipment Co. (1951) 102 Cal.App.2d 464, 482.


As for lost work i feel that the day of the incident is acceptable to request and the other work lost was due to not having a truck and was after the reasonable time to settle had ended. Having a rental would have been out of pocket.

 

[Zigner]

Im not sure how a 2010 ranger has any relivance in my situation.

I posted it as a rebuttal to your statement:

I figured im saving $700 a year on gas compared to other trucks.

 

[Zigner]

How much do you think your truck was worth?

 

[Zigner]

As for lost work i feel that the day of the incident is acceptable to request and the other work lost was due to not having a truck and was after the reasonable time to settle had ended. Having a rental would have been out of pocket.

Since you felt it acceptable to plagiarize someone else's work, why don't you give them a call for representation?

 

[jstthatguy]

ive been searching and there isnt much to pick from that are similar. I saw one posted for 7500 that sold in 2 days. Iwas going to go look and possibly bu but it sold too fast and i needed a ride 50 miles from my house. I was trying to be reasonable with them in the beginning and would probably take around $6000. I know that $3400 is way too low. Take a look. 2001-2004 frontier 4cyl within 100 miles of san diego. (92101 is generic zip used) The one thing I think should also be considered is having automatic transmission. I didnt have a manual, dont want a manual and it matters in value but not enough to disprove my assessment

 

[jstthatguy]

Since you felt it acceptable to plagiarize someone else's work, why don't you give them a call for representation?

sorry didnt mean to plagiarize. Just something i found that summed up what my question was about. Also, i wish i could find a lawyer that would help me. Its not a personal injury case and im not the policy holder so its not worth their time. If i had disposable income i would spend whatever i needed out of principal because the dishonest practices of this insurance company is disgusting. My claim is fair and liability is clear. Trying to save a couple thousand that they know is fair just because i dont have resources to take them on is messed up and not right. Im just trying to get my life back in order and they are causing me harm from not being able to make a living. I used the tools that were broken/damaged and I need my truck. Im not going to run off and buy something thagt will become a huge headache.
i

 

[Zigner]

ive been searching and there isnt much to pick from that are similar. I saw one posted for 7500 that sold in 2 days. Iwas going to go look and possibly bu but it sold too fast and i needed a ride 50 miles from my house. I was trying to be reasonable with them in the beginning and would probably take around $6000. I know that $3400 is way too low. Take a look. 2001-2004 frontier 4cyl within 100 miles of san diego. (92101 is generic zip used) The one thing I think should also be considered is having automatic transmission. I didnt have a manual, dont want a manual and it matters in value but not enough to disprove my assessment

Per Edmonds, a 2001 Nissan Frontier XE with 100k miles has an "Outstanding" private-party value of $2,449.00. To buy it at a dealer would be $3,725.00 (you're not getting that).

ETA: When I add all options that Edmonds allows and reduce the mileage to 50k, it brings the "Outstanding" private-party value up to $2,959.00.

As I said previously, your valuation of the vehicle is likely incorrect.

 

[jstthatguy]

Per Edmonds, a 2001 Nissan Frontier XE with 100k miles has an "Outstanding" private-party value of $2,449.00. To buy it at a dealer would be $3,725.00 (you're not getting that).

ETA: When I add all options that Edmonds allows and reduce the mileage to 50k, it brings the "Outstanding" private-party value up to $2,959.00.

As I said previously, your valuation of the vehicle is likely incorrect.

You do understand that value is more then just data from nation wide averages right? I can look up websites also and see what broad overviews they come up with. Value is a matter of what people are willing to pay in a local area. Thats why they give a distance limit on comparable vehicles. Im also guessing you arent from California and have no idea of epa regulations or cost of living. If you think you are able to determine value by clicking boxes of parameters then how about seeing how accurate they are by looking at what similar vehicles are being sold for in southern california. Dealer price determines replacement value

 

[Zigner]

You do understand that value is more then just data from nation wide averages right? I can look up websites also and see what broad overviews they come up with. Value is a matter of what people are willing to pay in a local area. Thats why they give a distance limit on comparable vehicles. Im also guessing you arent from California and have no idea of epa regulations or cost of living. If you think you are able to determine value by clicking boxes of parameters then how about seeing how accurate they are by looking at what similar vehicles are being sold for in southern california. Dealer price determines replacement value

Edmonds factors in the ZIP code (I used a San Diego ZIP code).

Not only does dealer price not determine replacement value, you are not entitled to "replacement value" in the first place.

ETA: I live in Los Angeles County, so I am well aware of the various costs of living.

 

[adjusterjack]

You do understand that value is more then just data from nation wide averages right? I can look up websites also and see what broad overviews they come up with. Value is a matter of what people are willing to pay in a local area. Thats why they give a distance limit on comparable vehicles. Im also guessing you arent from California and have no idea of epa regulations or cost of living. If you think you are able to determine value by clicking boxes of parameters then how about seeing how accurate they are by looking at what similar vehicles are being sold for in southern california. Dealer price determines replacement value

I'm late to the party but let me tell you that "talking" about "value" at this point will get you nowhere with the neighbor's insurance company.

What you will have to do is buy yourself a vehicle that is as close as possible to what yours was and then sue your neighbor to make up the difference by proving to a judge that the vehicle you bought was the closest comparable available.

That's your best shot at getting additional money (no guarantees, of course) because going to court BEFORE you've actually incurred the expense is speculative and the insurance company will have it's expert there to shoot you down.

As for loss of income I agree that, without an injury, you were supposed to mitigate your damages by obtaining a temporary substitute vehicle and then submitted the cost to the insurance company.

As for loss of use:

If your car or vehicle has been damaged and needs repairs or is deemed a “total loss” (i.e. totaled), you are entitled to recover damages for “loss of use” of the vehicle.
To recover damages for “loss of use” of a vehicle, you must prove:
(1) The reasonable cost to rent a similar vehicle
(2) for the amount of time reasonably necessary to repair the vehicle's damage or replace the totaled vehicle. See CACI 3903M
You may recover loss of use damages even if you do not actually rent a substitute vehicle. Tremeroli v. Austin Trailer Equipment Co. (1951) 102 Cal.App.2d 464, 482.

Yes, that's correct, but you'll have to address that in court, too, if the insurance company says no.

 

[jstthatguy]

thank you adjuster jack. i was hoping i would get some usable info and what you say makes sense. since its going to be in small claims for the rest of the claim, the insurance company will not have a voice in the matter. Does my neighbor have to even have to inform them?

 

[Zigner]

Does my neighbor have to even have to inform them?

Only if she wants them to pay.

Also, it's quite possible that by cashing the check(s), you agreed that they were settlement in full.