Insurance question/crash

[Stinger63]

So my car was hit today while parked by a big car carrier.
He does business with our company
The driver does not want to report or claim it (I did get a police report) and risk raising his rate and asked for “his guy” to fix...And to pay lost income.
I went to 4 body shops and they all tell me it’s totaled.
2008 Sonata Limited in very good condition. We show Kelly Blue at 4500
If I file on his is that I get from his insurance?

He just called and I said he could buy it for 4500 and he offered 2000.
But that I was afraid of leaving it for an unknown amount of time and having no recourse if the work is shoddy.

I said why would I take two when I can get 4400.
He said he would lose at that.
I said why should I lose. He said 3000.
I would not mind having the trunk working bumper filled and primed and 2000 cash. Living with the rr damage.
I did see a matching color trunk lid on eBay for 300 including the shipping. Not sure how much it would cost to get it to line up and open and close
And thought
Thanks

 

[jagdriver727]

I think legal threads such as this are frowned upon here... but I'll offer what insight I have.

He is not trying to do you any favors by buying the car at a ridiculously low price, and you will never be happy with whatever shoddy repairs "his guy" does.

Those body shops are right. Not worth fixing to insurance standards. File a claim with his insurance, get paid a fair value for the car. If you want to fix it halfway and live with the damage, buy the car back and do so on a salvage title after you are compensated fairly.

 

[Stinger63]

I think legal threads such as this are frowned upon here... but I'll offer what insight I have.

He is not trying to do you any favors by buying the car at a ridiculously low price, and you will never be happy with whatever shoddy repairs "his guy" does.

Those body shops are right. Not worth fixing to insurance standards. File a claim with his insurance, get paid a fair value for the car. If you want to fix it halfway and live with the damage, buy the car back and do so on a salvage title after you are compensated fairly.

Thanks
I didn’t really think of that as a legal question.
Just what is progressive insurance known for paying out on a total loss. Kelly retail?
My other question was cost to do a trunk and bumper.
(I can’t continue my work in a car with a salvage title so no value to me in buying it back)

 

[mk378]

Report it to your insurance company. Someone hitting your car while it is legally parked is a comprehensive claim on your insurance. It will not raise your rate. You can argue the value of the car and whether it is totaled or not with your company. Your insurance company will recover the money from his insurance company (usually also including the deductible). I would take the $4500 toward another car and move on. That is rather extensive damage.

 

[JustN89]

You're going to have to look for what that make/model are being sold for online and go from there. You'll have to negotiate, and negotiate down from the average listing prices, but it will be more than what they offer you which will be wholesale. In fact, his offer of 2k is probably what the insurance company's first offer would be.

Edit: Just my opinion, I'd be done negotiating with that guy and just report it to his insurance.

2nd Edit: here's a link to an AutoTempest search. I plugged in your car, without the mileage, but same make/model/trim with a search of 2007 and 2008 model years. I'd use this in negotiation, as well.

 

[samven]

I dont know how every insurance company works but mine did a comparison of same model, year and mileage available locally to make a determination of weather to total it or not after a deer strike. I would bet if they use a book it will be a dealer trade in value. Dont expect them to be fair or reasonable with you.

 

[dishdude]

Get his insurance information and file a claim with them. He's jerking you around.

 

[BMWTurboDzl]

The sooner you report the better. It's up to you as to whether or not the vehicle is worth $4,500. You could give the guy a break and get an appraisal on the vehicle or just look up value via KBB and what's on for sale via Autotrader then make a counter-offer.

 

[Gimpy1]

No insurance does not buy using kbb retail. They have 3rd party valuation services that do the TL Valuation. It will either be audatex or ccc. You definately need to file a claim. This guys says he'll pay for it now but whats to say he'll honor his word in 2 weeks, file a claim it will protect you and him. The it will raise my rates is not an excuse not to file, a police report has been generated, so when it time to renew the policy its going to show an at faultaccident anyway.

 

[opus1]

I'm no attorney but that scenario is a big "nope" for me. Call your agent.

Even if the guy jerks you around more, with a police report, your company will be very happy to go into subrogation.

 

[ZedzAmg]

He hit your car, why are you asking around? Call and file the claim you did nothing wrong.

 

[Wolf359]

I think what he's doing might be fair, he's offering $3000 and you keep the car right? You should just tell him you sell the car to him for $4500 and he can get it fixed for 2k and sell the car for $4-4.5k so he'd lose less.

I'd be more inclined to work with him. An accident on a commercial license can be enough to cause you to either lose your job or your license. Set a deadline with the terms and if he doesn't meet it, then file the claim. But I would give fair warning.

 

[02SE]

Actions have consequences. Someone else made the mistake, don't let them cost you even more in inconvenience, and money.

 

[Stinger63]

I think what he's doing might be fair, he's offering $3000 and you keep the car right? You should just tell him you sell the car to him for $4500 and he can get it fixed for 2k and sell the car for $4-4.5k so he'd lose less.

I'd be more inclined to work with him. An accident on a commercial license can be enough to cause you to either lose your job or your license. Set a deadline with the terms and if he doesn't meet it, then file the claim. But I would give fair warning.

He wants to car for 3000
He turned down 4000 flat
I wasn’t driving the vehicle and I’m just a courier so I don’t have a commercial license but they do require a clean Carfax

 

[Stinger63]

No insurance does not buy using kbb retail. They have 3rd party valuation services that do the TL Valuation. It will either be audatex or ccc. You definately need to file a claim. This guys says he'll pay for it now but whats to say he'll honor his word in 2 weeks, file a claim it will protect you and him. The it will raise my rates is not an excuse not to file, a police report has been generated, so when it time to renew the policy its going to show an at faultaccident anyway.

About 40 years ago we had that same scenario where my friend was run over on a Harley Davidson leaving Chinatown.
I chase the guy got his plate and then threw a cop his name and address.
The guy said he’d pay and then about three weeks later he said what accident

 

[Lubener]

Look out for your best interest, not his. He is out for # 1, not you. I agree with others to inform your insurance company.

 

[atikovi]

I dont know how every insurance company works but mine did a comparison of same model, year and mileage available locally to make a determination of weather to total it or not after a deer strike. I would bet if they use a book it will be a dealer trade in value. Dont expect them to be fair or reasonable with you.

Absolutely incorrect. You're entitled to the full retail value of the car as shown in a major value source such as NADA. The insurance company is required to make you whole, and unless you are a dealer, you won't be able to replace the car with an identical one at the trade in value.

 

[AutoMechanic]

I’d file with his insurance it was his fault. Unless you get unlucky like me his insurance will pay for it. The person who hit me insurance refused to pay because they said it was my fault made me so mad.

 

[wings&wheels]

"No good deed will go unpunished" Not always true, but may be here. File a claim ASAP and be done with it.

 

[eljefino]

I think what he's doing might be fair, he's offering $3000 and you keep the car right? You should just tell him you sell the car to him for $4500 and he can get it fixed for 2k and sell the car for $4-4.5k so he'd lose less.

I'd be more inclined to work with him. An accident on a commercial license can be enough to cause you to either lose your job or your license. Set a deadline with the terms and if he doesn't meet it, then file the claim. But I would give fair warning.

The deadline was today. He didn't pony up the $4500. If he doesn't have the money liquid now he won't in the indeterminate time when he promises to fix your car. Call the cops, get the report, get the insurance ball rolling.

Actual ballers/ mobsters would have had the $4500, with a $500 tip to stay quiet. This guy is neither.

All that said, my wife was tapped, couple thousand bucks. Other guy had a couple fender benders on his record and wanted to pay directly, as his license/ insurance was looking iffy. We think he made a deal with his insurance where he himself reimbursed the claim. In some scenarios the insured may be able to elect to NOT use their insurance, but that's between him and his company. My body shop still got paid.