need help from the collective

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Originally Posted By: clinebarger
Originally Posted By: turtlevette

I put everything together and I'm coming up with 16k in damage versus their 3400 estimate.


Your car wasn't worth nowhere near 16K before it got wreaked. That's CLEAN early 70's Ram Air 400 money.


Your way out of touch man. Just spend 5 minutes doing some internet searches.
 
Originally Posted By: clinebarger
Originally Posted By: turtlevette

I put everything together and I'm coming up with 16k in damage versus their 3400 estimate.


Your car wasn't worth nowhere near 16K before it got wreaked. That's CLEAN early 70's Ram Air 400 money.


If you have a clean 70s ram air t/a, I'll overnight a bank check for 16k to you to tomorrow for it.

How's that? Don't bother doing any research.
 
Originally Posted By: turtlevette

If you have a clean 70s ram air t/a, I'll overnight a bank check for 16k to you to tomorrow for it.

How's that? Don't bother doing any research.


My shop sold a '71 Ram Air 400/TH400 T/A on consignment just last year for $17,500, If I run across any 70's T/A......I'll PM you.

E-Bay, Meacum, Barrett Jackson & the internet are the WORST ways to gauge what a car is worth........[censored] matches between Baby Boomers is all that is.

Show me a '79/'80 301 T/A in similar shape (preaccident) to yours that SOLD for more than $5,000.

I do have a '89 Mustang GT on consignment....... (347CI....Dart Block W/ Eagle Forged rotating assembly, Trick Flow heads & intake, Vortech supercharger, Dynoed 550HP/615TQ, Full Aeromotive 1000 fuel system, Built AOD trans, Built 8.8" diff, Wilwood 6 piston front brakes, 4 piston rear, New Cobra rims, New Nitto 555R tires all around, Subframe connectors, New carpet, Door panels, Sound system W/ Amp & Subwoofer)

Needs...Aluminum radiator, Intercooler, Auxiliary trans cooler, Front seats professionally cleaned, Cowl hood, The body either needs painted or re cleared, (The original paint is savable), The body is super straight & it's never been wreaked. It has a rough primered hood on it now....A Cowl Hood would be sweet!

The owner has over $40,000 in the car, For $15,000 it can be yours, The engine & Trans alone have that much invested. It has been on E-Bay several times & bid up to 30,000.....But all have been deadbeat bidders. This happens more than people think with classics, muscle cars, pony cars & hot rods
 
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It is galling when one's property is damaged through the negligent inattention of another.
While this old TA wasn't pristine to begin with, it was a nicely preserved old driver.
That part probably doesn't matter, because it was yours and it was fine until some minimum wage kid with a cheap Chinese phone was paying more attention to the phone's screen than the view out the windshield.
We are all aware of the dangers of drunk drivers.
What about the dangers of texting or surfing drivers?
Smart phones are at once a wonderful tool and a serious bane.
The insurance company claims shuffle as practiced by the at-fault driver's insurer is also troubling.
A complaint to your state's insurance regulatory authority would be appropriate since the insurer appears to be dealing with you in bad faith.
Ten months on you still have no compensation for the loss caused by their insured.
 
If it were my own insurance, I could demand that they send me the undisputed amount while we continue to negotiate the final settlement. I asked anyway and got no reply. This tactic (witholding their offer) is used to bring terrible pressure against the claimant. Imagine someone who's only transportation is gone and to top it off is still responsible for making loan payments. The rental car is revoked when they make the offer. People don't have the time, energy and resources to fight an undervalued claim, so they say uncle and take what they can get. This leaves them still owing on a loan and no car to boot. This makes me angry and is one reason why I'm taking the time to do this.
 
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I've come up with a list of additional damage or things I want done better, such as replacement of the front subframe (instead of straightening) and replacement of the quarter (rather than bondo). Maybe the experienced guys can tell me if the numbers are excessive.

Damage found in addition to USAA estimate:
1. Hood separated/delaminated and sitting an inch too high on passenger side. Hood contacted shaker scoop and sustained damage. Hood $400, $200 shipping, Bird decal $330, Paint hood $250, Install and adjust hood $120,total $1300
2. Front subframe bent and dented on passenger side. Alignment out of limits. used subframe $600 $200 shipping, check sandblast and paint, $400 or new subframe $1200 $200 shipping, installation 15 hours at $80/hr = $1200 total $2600
3. Passenger rear tire damaged (cut by damaged fender) bfg radial ta 225 70 15 $135, mount and balance $15, total $150
4. windshield cracked on passenger side, windshield install $ 400
5. Used A/C box $80, installation 3 hours at $80 = $220 Total $300
6. A/C blower motor $20, installation 1 hour = $80 Total $100
7. Interior console $300 plus installation $100. Total $400
8. Passenger side A/C duct used $100, install $200 total $300
9. Front inner fender is damaged $100 installation $100 total. $200
10. Fender vent $50
11. Replacement rear inner wheelhouse is required $150 plus instal $150 total $300
12. Rear plastic bumper is split repair and repaint $600
13. Roof crease due to body flex. Bump metal flush, fill and repaint roof. $600
14. Quarter panel needs to be replaced. Add $2500
15. Speedometer jammed due to impact. New $250
16. Replace right spoiler corner. New OEM $250
17. Repair dents in passenger door. $600

Total addition to claim $10900
Original estimate $3425.49
Total claim $14,325.49
 
This is what I meant when I wrote that the at-fault driver's insurer is not dealing with you in good faith.
While the insurer has a legal and contractual duty to their insured, you have no legal duty to deal with them.
Are you suing the boy? If you prevail, my understanding is that tort liabilities cannot be discharged through bankruptcy, so you'll effectively own him until you get paid.
It seems that the only thing in dispute here is the amount of the settlement.
You aren't going to get 14K+, but you might offer to settle for that amount and then take a counter of 8K or so, which seems fair. No total and buyback either.
I'm in the fortunate position of having enough vehicles that having one sit while the insurers fight it out would be no hardship. This is also the reason that I keep collision coverage on everything. It's quite cheap on an old car and offers the option of subrogating the claim and getting paid by your own insurer without hassle.
This is also a powerful tool in negotiating a settlement, since the at-fault driver's insurer knows that they'll have to battle an equal and not just you or me.
 
Bad faith is not straightforward on 3rd party claims. He would have to assign his rights to me, for me to be able to go after the ins co.

I'm suing the boy and his father who owns the car, which I don't want to do but it's the only legal way. They have a contract with their ins co who has a legal obligation to pay. The thing I'm wondering is if they have a 5k limit of liability, the way the ins co is being so stingy. They paid around a grand in storage fees so the 3900 would be what's left in the pot. It's unethical to make the damage estimate fit the limit, and illegal I would think.

That aside, i'm curious why you think 8k is the most I could get. Emailing a few classic car appraisers, they commit to say the car is worth 10-12k without even looking at it. And I do have a right to have it repaired by who I want and the way I want. I have no contract with any insurance.

Why would I want to accept any offer? I'd rather just drag this thing out in court. The judges here in MA are consumer oriented.

If I had standard collision, state farm would be giving me the same garbage offer. You must have agreed value which is going to cost a fortune. It's better to have nothing so I made the correct choice.
 
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No...no, you didn't. Agreed value is only a small premium increase (about 15% for me). I had a claim...they paid off in less than a week.
 
Originally Posted By: Jarlaxle
No...no, you didn't. Agreed value is only a small premium increase (about 15% for me). I had a claim...they paid off in less than a week.


I'm ahead of the game not buying optional ins. This is the only incident I've ever had. I really don't want to give away my age but I've been driving a long time. I'm way ahead in money even if I never get a cent for this. The legal battle is not a burden for me. I look at it as entertainment. I had aspirations of being a lawyer.
 
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Originally Posted By: Eddie
Got to love you turtlevett for "entertainment" Ed


Look at it as a good thing. If I'm channeling my aggression into this, the forums are safe.
 
Based upon what the car is and its overall condition at the time of the accident, I think that 8K would be pretty generous.
These cars were very popular back in the day and were built in large volume.
Many survive and you can find them at all sorts of price levels on any used car site, many of which the insurer's research folks have probably surfed.
They aren't that rare.
Go to court and reject a legitimate settlement offer and you're liable to walk out with no more than what the insurer originally offered you.
Courts don't consider themselves to be entertainment venues and have little patience with time wasters.
 
There's much more tolerance in small claims but I've got all the research down and understand court proceedings. I've done it a few times before. I've been in traffic court many times. I'm fine deferring to the Magistrates opinion and think that will maximize the amount. Of course small claims is entertaining or we wouldn't have judge Judy.

The car is a bandit edition 4 speed car, 1 of 213 made, so we're not talking a run of the mill car.

I'll have an appraisal and damage estimates from shops. I have a 2" 3 ring binder chock full of research. I'm confident.
 
Did this Smoky and the Bandit edition have a unique VIN code?
If not, then that means nothing at all and does not add any value to the car.
The insurer's attorneys will resist any attempt you make to introduce third party testimony into evidence without these purported experts being present for examination and they'll win that point. If they don't they'll appeal the court's ruling and win.
You cannot introduce third party testimony without those parties being present for examination. Look at it from the other side. Would you be okay with the insurer introducing what they represent as expert testimony that your Firebird was a POS and a known neighborhood eyesore that was worth no more than scrap value without your being able to examine this party?
Finally, what if the insurer decides to file a counter-claim against you?
From their point of view, you're no more than a crank whose old beater got hit by one of their insureds. They'll contend that they offered a generous settlement which you rejected and you then cost them ten of thousands of dollars in billable legal hours in pursuing a frivolous action.
Something to consider.
 
There's a company Pontiac Historical Services that provides options and codes from the VIN using old GM data. A copy of the original dealer invoice. I have that data. There are numerous internet sites that cooroborate that. The NADA and KBB values show low end values over 20k. Evidence rules are relaxed in small claims. This is no frivolous suit.

What you wrote explains why the average person is too scared to take a big corporation to court. And why they can get away with doing as they please.
 
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Originally Posted By: turtlevette


https://drive.google.com/file/d/0B8dIYWYkGgT9UklQeklDQW5JUXc/view?usp=drivesdk

I've got a whole notebook full of comps. The NADA guide does not distinguish the 301 from the 400. I can make them average the CCC value with NADA per law. PA and CT have similar laws.

https://drive.google.com/file/d/0B8dIYWYkGgT9QlJiQ2Z3d2hpc00/view?usp=drivesdk

https://drive.google.com/file/d/0B8dIYWYkGgT9TEQyT3VQODdQQmM/view?usp=drivesdk


If you can get it done.....Good for you!

NADA may not distinguish between a 301 & a 400.....But an educated buyer sure would!
The high retail in one of those links said $94,770, No 2nd gen F-body is worth that much.
The other link show the values shooting up $8,000 in 2015, I would like to hear the rationale behind that.

I'm not picking on your car man, But it doesn't look like it was in great shape, These car rot in Texas.....I can't imagine what kind of rot is hidden in a northeast car??
 
Good for you for taking the action against the insurance corp. turtle
thumbsup2.gif
I, for one, will not discourage you from doing it. Too many people are led to believe they are powerless when they are not.

Keep this thread updated and I wish you success.
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Originally Posted By: fdcg27
Did this Smoky and the Bandit edition have a unique VIN code?
If not, then that means nothing at all and does not add any value to the car.
The insurer's attorneys will resist any attempt you make to introduce third party testimony into evidence without these purported experts being present for examination and they'll win that point. If they don't they'll appeal the court's ruling and win.
You cannot introduce third party testimony without those parties being present for examination. Look at it from the other side. Would you be okay with the insurer introducing what they represent as expert testimony that your Firebird was a POS and a known neighborhood eyesore that was worth no more than scrap value without your being able to examine this party?
Finally, what if the insurer decides to file a counter-claim against you?
From their point of view, you're no more than a crank whose old beater got hit by one of their insureds. They'll contend that they offered a generous settlement which you rejected and you then cost them ten of thousands of dollars in billable legal hours in pursuing a frivolous action.
Something to consider.

Plenty of things add value (sometimes a lot) without a unique VIN code. Offhand, Chevy's SS package didn't get one until the latsle 60s. I don't think the Olds 442 got its own VIN code.
 
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