Went from cloud 9 to worst day ever.

[Dsl_Dog_Treat]

Man cody that sucks. I'm sorry man.

I'm guessin the engine wire harness is gonna take the blame on the cause.

The body looks to be good enough shape to still work with, the interior will be the difficult obstacle to hurdle.

I'd rebuild it, those are too rare a truck to just let go.

 

[timothyr1014]

DO NOT SAY WHAT YOU PAID FOR IT...This is the crap that makes me sick about insurance companies, and I have spent alot of time working with and advising people on issues like this.

Darrin is totally correct in giving you all of the ads, and what he would sell it for on his lot. At $3500 you got a great deal, but that is not the point, you paid for full coverage...that means that they need to pay whatever it takes to make you "whole" again.

Another thing is watch out in giving them non-comparable items (a gasser or a truck from the rust belt). I recently advised on a case where a woman in oregon lost a 97 bmw 750il; for valuation purposes they used a 97 740il from southern california ($5200) Long story short, a 740il; couldnt be had for less than $7k within 500 miles of her (and in cali the used value of that particular car drops very fast compared to other areas), and a 740il is not a 750il...yes, the body style is identical, but underneath they are totally different cars...in the end the offer want from $5200 to $9700....it was alot of negotiating, and a bit of a fight, but well worth it. Your truck was pretty rare, and you paid a company to replace it with an equally rare one, as far as the "what you paid"....what if it were a gift, in which case you paid nothing...does that mean they are totally off the hook?

Sorry, I feel like insurance companys are there to protect us, but when it comes down to the wire, the have no problem sliding a knife in when your not watching.

 

[CodyL]

If I would of paid cash for i would of said a higher number. But I got a loan on it, and they have the right to check bank records. I didn't want to get caught up in a bunch of lies. They were going to talk to the previous owner, I didn't want to make him lie for me. First time I've ever had to file a claim, was just trying to be honest, but something tells me I probably should of lied.

 

[memphisrain]

You don't have to lie, just plead the 5th.

mR

 

[timothyr1014]

I am not saying in anyway you should have lied....in that business there is a term for lying...its "insurance fraud".

My only point was that what you paid is irrelivant...read your policy, there obligation is to make you "whole" again....thats what you need to push for...if they want to replace it themselves all you are asking for is a similar truck sitting in your driveway....if they want to buy you out all you want is the money to put a similar truck in your driveway...thats what you paid them to make happen, what that costs is your problem.

I had a friend that was being shipped off to iraq...he sold me a MINT 72 240z for $5 (it was more of a joke as he knew I would baby the hell out of it till he got home and then give it back)...first thing I did was get it apraised...I paid $5, but the paperwork said that if it were totalled it would take $12.5k to replace it.

A simple rule of thumb that many insurance companys use is average of 3....find 3 very similar examples (motor, options, year (+/-2) milage (+/- 20k), and condition) and offer to settle on the average of them (a judge will also see this as more than fair). If you have to travel for it (or have it shipped) include those costs as well.

I was not advising anything dishonest...at a minimum it will seriously muddy the water and damage your credibility, if not worse. I am just saying stick to the issue at hand; you paid to have your truck replaced...thats what needs to happen regardless of money

 

[CodyL]

I hear what your saying Timothy. I just can't imagine the insurance company giving me more than what I paid for it. I know how their minds work. It's like I'm getting penalized for getting a awesome deal.

 

[timothyr1014]

unfortunatly they are legally required to, most people take your position, and the insurance company will do everything it can to avoid following the letter of their contract (that is why government oversite is necessary in some situations)...Like I said, I have advised on several cases like this, and to be honest, make them the offer like I said above, if they dont take it file a lawsuit (normally I would not say self-represent, but this would be an exception)...I have seen 4 cases (out of more than I care to remember) where the insurance attorneys actually let it get in front of a judge...all 4 times after the opening the judges literally asked the ins atty why they were wasting the courts time.

Keep in mind right now is the "psychological attack" of the negotiation...they need to convince you that your truck is only worth what you paid for it or less (after all, you did put miles on it correct), next will come your negligence and actual condition (this will be minimal seeing as your short term of ownership hence contacting the previous owner), after that comes the low-ball non-comparable vehicle offers (your truck compared to an 87 6.9 w/300k on the clock).

right now they are playing on your emotions (not meant to offend, but it is damn near impossible to be totally unswayed by a what happened), mix that with the fact that they are professionals at negotiation, and you have exactly where you are.

Best advice I can give right now....take a step back, read all of the fine print in your insurance contract...there should be a section on resolutions, restitutions, and compensation....focus on just that...because that is your key, and they will do everything to keep you from focusing on it.

As a totally dumb sideline question, you mentioned full coverage, and usually there is also provisions for a rental car while all of this is going on...has this been provided yet? (the only reason I ask is it goes to state of mind of both you and the ins company).

If you want me to have one of the legal teams I work with review your contract PM me and I will send you my contact info

 

[FordGuy100]

DO NOT SAY WHAT YOU PAID FOR IT...This is the crap that makes me sick about insurance companies, and I have spent alot of time working with and advising people on issues like this.

Darrin is totally correct in giving you all of the ads, and what he would sell it for on his lot. At $3500 you got a great deal, but that is not the point, you paid for full coverage...that means that they need to pay whatever it takes to make you "whole" again.

Another thing is watch out in giving them non-comparable items (a gasser or a truck from the rust belt). I recently advised on a case where a woman in oregon lost a 97 bmw 750il; for valuation purposes they used a 97 740il from southern california ($5200) Long story short, a 740il; couldnt be had for less than $7k within 500 miles of her (and in cali the used value of that particular car drops very fast compared to other areas), and a 740il is not a 750il...yes, the body style is identical, but underneath they are totally different cars...in the end the offer want from $5200 to $9700....it was alot of negotiating, and a bit of a fight, but well worth it. Your truck was pretty rare, and you paid a company to replace it with an equally rare one, as far as the "what you paid"....what if it were a gift, in which case you paid nothing...does that mean they are totally off the hook?

Sorry, I feel like insurance companys are there to protect us, but when it comes down to the wire, the have no problem sliding a knife in when your not watching.

Very good advice, dont tell what you paid for it. My parents are going through that right now. A guy pulled out in front of them in there 40' country coach. They bought it for $52,000...which is a really good buy. We have about 30 comps that are comparable and they average in the $80K....but insurance only wants to give us what they paid for it, which is way less than what they can buy another for.

Oh and they have been battling insurance (multiple) for over 2 months now....

 

[CodyL]

I do have rental car coverage. I didn't really want the hassle of getting one. I told the insurance guy I was saving them 30 bucks a day by not getting one. And I told them they could leave the vehicle in my driveway, saving them a tow fee and storage fee. Guy seemed like he really didn't care. But I was thinking if this goes on for 10 days I've already saved them 300$ by not getting a rental car.

 

[jperecko]

I do have rental car coverage. I didn't really want the hassle of getting one. I told the insurance guy I was saving them 30 bucks a day by not getting one. And I told them they could leave the vehicle in my driveway, saving them a tow fee and storage fee. Guy seemed like he really didn't care. But I was thinking if this goes on for 10 days I've already saved them 300$ by not getting a rental car.

Yeah I REALLY doubt they are gonna care about that.

 

[Wanderer-rrorc]

buy it back man!!

its worth the trouble to fix her!

and make them PAY what its worth!!..not what ya paid!

 

[hesutton]

That is horrible Cody. I'm very sorry this has happend to you and your rig.

Fix her, you've got to.

Heath

 

[timothyr1014]

cody...be careful, I have not researched kansas law, but some states will allow a verbal contract to exist which could supercede or modify a written. In short by not taking the rental car you are relieving them of their legal obligation to provide one for you...although it may seem out there, you are agreeing to a modification of the original contract...and this is where things can take a bad turn against you.....if you waived your right to a rental car what else did you waive your right to? this can very quickly turn into a "he said, she said".

Believe it or not 99% of the time the written policy will be in your favor....read it, know it, and make them stick to it...every letter of it. The best argument you can have both in front of them or in front of a judge is "all want is what we agreed to right here"...the only way they can shoot you down is to point out where YOU deviated.

 

[FordGuy100]

cody...be careful, I have not researched kansas law, but some states will allow a verbal contract to exist which could supercede or modify a written. In short by not taking the rental car you are relieving them of their legal obligation to provide one for you...although it may seem out there, you are agreeing to a modification of the original contract...and this is where things can take a bad turn against you.....if you waived your right to a rental car what else did you waive your right to? this can very quickly turn into a "he said, she said".

Believe it or not 99% of the time the written policy will be in your favor....read it, know it, and make them stick to it...every letter of it. The best argument you can have both in front of them or in front of a judge is "all want is what we agreed to right here"...the only way they can shoot you down is to point out where YOU deviated.

Just out of curiosity, do you do any sort of insurance work? Dont know if I read that or not, but it seems like your up on a lot of things.

 

[timothyr1014]

not into insurance, but come from a strong legal background (contract law), and am a "professional car freak"...all of my family is either law enforcement or lawyers, mix that with my freelance stuff and I get coined as an expert and called to testify way more often then a probably deserve.

The dance Cody is going through makes me sick...at the end of the day a company should not write a policy it doesnt intend to stand behind....and more than that they shouldn't use a persons frustration to take advantage of them.

Sorry to hear about your parents country coach...they make a nice condo on wheels, but that situation does not suprise me...claims on coaches tend to be the worst.