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First of all, we are all glad that your wife is not injured beyond repair, like your Shelby. Next, welcome to the forum. As you can see, there are a host of very knowledgable folks here that are more than willing to lend a helping hand. There is lots of great advice given already, my 2 cents is that I would keep at it until they total the car. Best of luck.

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My wife was leaving the downriver cruise driving our Shelby when a man driving a Taurus decide to make a left hand turn right in front of her. now the battle begins with the insurance company they said car is repairable cost is $25,000 and may go up to $29,000 i told him the car should be total.

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First off: I am glad that your wife is good. From the pics, it could've turned out much worse, especially considering that it was located on her side of the vehicle.

 

From a personal injury attorney standpoint:

 

1) sucks that you are in a "no fault" state---Michigan

2) if it is a total loss, you are not entitled to rental reimbursement after they offer you a total loss offer (and depending on the insurance company, not entitled to rental at all).

3) if you don't get rental, make a claim for "loss of use" and make sure that you used your vehicle for work.

4) Diminised value claims are VERY HARD TO MAKE STICK, and will often times require an expert at trial to testify and those are not considered court costs (at least not in Texas).

5) if you want the vehicle totaled, then keep looking for a body shop that finds frame damage/severe engine damage, etc. get another estimtate, supplement that estimate to the adjuster

6) if you are stuck with the body shop that the company chooses, or if you are already in the repair process, then visit the shop daily, take lots of photos; look for imperfections, do not accept the vehicle w/o an extensive test drive and take it back when it doesn't operate like it should.

7) all in all, most insurance companies will "total" a vehicle when the costs of repair meet or exceed 75-85% of the vehicle worth, depending on the insurance company.

8) if totaling is what you want, then find a KBB/NADA private party value that shows your vehicle to be worth approximately $36,250, 80% of which would be $29,000.00; if you can prove to them that its a total loss, and back it up with paperwork, they won't beef you too much.

9) if all else fails, and they are adamant about repairing the vehicle, ask them how much it would be to rent you a vette for the time the Shelby is in the shop; $100 a day for 30 days is extra wampum, and that might be enough to get them to total out the vehicle.

 

Keep in mind that your wife will have a BI (bodily injury) claim when the property damages are all settled.

 

 

just my .02, but I didn't see any other PI attorneys chime in, so I'm good for something at least.

 

good luck, and feel free to PM me if you have any specific questions.

I must me a total idiot and can't read because I thought she didn't get hurt. "Keep in mind that your wife will have a BI (bodily injury) claim when the property damages are all settled." This is the exact BS statement that contibutes higher insurance rates for everyone. It sucks the car is wrecked, but it sucks for everyone when gread kicks in.

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I must me a total idiot and can't read because I thought she didn't get hurt. "Keep in mind that your wife will have a BI (bodily injury) claim when the property damages are all settled." This is the exact BS statement that contibutes higher insurance rates for everyone. It sucks the car is wrecked, but it sucks for everyone when gread kicks in.

 

Whether or not they choose to make the claim is up to the claimant. If you want to blame someone for higher insurance rates, blame the uninsured drivers all accross the country.

 

I was simply stating the facts for someone that may not know them.

 

And you are correct, GREED has altered the insurance industry since the beginning.

 

THE GREED THAT THE INSURANCE COMPANIES HAVE IN MAKING HIGHER PROFITS BY DENYING LEGITIMATE CLAIMS AND DUPING THE MASSES INTO BELIEVING THAT THEY HAVE TO CHARGE MORE IN PREMIUMS BECAUSE OF FRAUDULENT CLAIMS.

 

Do not be fooled, they are in the business of making money by sticking it to as many claimants as possible.

 

Look up in youtube....the three Ds of Insurance....Deny, Delay, Defend.

 

Thanks for your flame though, I just refuse to be a lemming.

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I must me a total idiot and can't read because I thought she didn't get hurt. "Keep in mind that your wife will have a BI (bodily injury) claim when the property damages are all settled." This is the exact BS statement that contibutes higher insurance rates for everyone. It sucks the car is wrecked, but it sucks for everyone when gread kicks in.

There is one point though luckySnake that has to be factored in and the attorney took it into consideration rightfully and that is:

From a physician side i have seen many cases of post motor vehicle accident where the person involved in the accident had very mild symptoms in the beginning 3 days then symptoms escalated over the following days to find out that a herniated disk at the level of c spine was the reason for some neurological symptoms that started showing up later, i think it is very important for his wife even if she had mild pain to have a full exam and document all those things so he doesn't end up with heavy medical bills down the road GOD FORBID, again i hope there will be no need for all that and she is ok , however the force is significant from the pics and it is something that needs to be documented at least.

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Whether or not they choose to make the claim is up to the claimant. If you want to blame someone for higher insurance rates, blame the uninsured drivers all accross the country.

 

I was simply stating the facts for someone that may not know them.

 

And you are correct, GREED has altered the insurance industry since the beginning.

 

THE GREED THAT THE INSURANCE COMPANIES HAVE IN MAKING HIGHER PROFITS BY DENYING LEGITIMATE CLAIMS AND DUPING THE MASSES INTO BELIEVING THAT THEY HAVE TO CHARGE MORE IN PREMIUMS BECAUSE OF FRAUDULENT CLAIMS.

 

Do not be fooled, they are in the business of making money by sticking it to as many claimants as possible.

 

Look up in youtube....the three Ds of Insurance....Deny, Delay, Defend.

 

Thanks for your flame though, I just refuse to be a lemming.

+1

You've done some good posting here, IMO. Thanks from all of us for the great info!

 

Ken

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There is one point though luckySnake that has to be factored in and the attorney took it into consideration rightfully and that is:

From a physician side i have seen many cases of post motor vehicle accident where the person involved in the accident had very mild symptoms in the beginning 3 days then symptoms escalated over the following days to find out that a herniated disk at the level of c spine was the reason for some neurological symptoms that started showing up later, i think it is very important for his wife even if she had mild pain to have a full exam and document all those things so he doesn't end up with heavy medical bills down the road GOD FORBID, again i hope there will be no need for all that and she is ok , however the force is significant from the pics and it is something that needs to be documented at least.

 

You are exactly right, thanks for the insight from a physician's perspective.

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Whether or not they choose to make the claim is up to the claimant. If you want to blame someone for higher insurance rates, blame the uninsured drivers all accross the country.

 

I was simply stating the facts for someone that may not know them.

 

And you are correct, GREED has altered the insurance industry since the beginning.

 

THE GREED THAT THE INSURANCE COMPANIES HAVE IN MAKING HIGHER PROFITS BY DENYING LEGITIMATE CLAIMS AND DUPING THE MASSES INTO BELIEVING THAT THEY HAVE TO CHARGE MORE IN PREMIUMS BECAUSE OF FRAUDULENT CLAIMS.

 

Do not be fooled, they are in the business of making money by sticking it to as many claimants as possible.

 

Look up in youtube....the three Ds of Insurance....Deny, Delay, Defend.

 

Thanks for your flame though, I just refuse to be a lemming.

I understand your feelings and advise. Unfortunatly you are correct about some insurance companies. I am 100% for anyone involved in an accident where it was even remotly possible they may have been injured to get checked out.

I draw the line on encouraging someone or suggesting taking money because you think you can get away with an easy buck. I personaly understand why Insurance companies have to make it difficult for someone to collect on bogus claims. There is a two way street on the whole subject, I understand your position.

I hope the car is totaled and the Insurance company pays all costs to replace it. I stand by my position that suggesting a Bodily Injury claim when your not hurt, is wrong.

"Thanks for your flame though, I just refuse to be a lemming." Your welcome for the flame, you have the lemming part backwards.

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Sorry to read this :banghead: On the other hand your lady is ok, hopefully the insurance company will total it. 2 ft of frame movement is pretty bad.

 

One thing about bodily injury is there are times when the injury is not apparent right a way. Keep an eye on her and make sure she tells you if she starts to have pain. I'm not saying to milk it, just saying it does happen. Many people rupture spleens or have injuries they dont realize at first because they take time to manifest.

 

KC666

:rockon:

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I must me a total idiot and can't read because I thought she didn't get hurt. "Keep in mind that your wife will have a BI (bodily injury) claim when the property damages are all settled." This is the exact BS statement that contibutes higher insurance rates for everyone. It sucks the car is wrecked, but it sucks for everyone when gread kicks in.

 

As suggested in another post I'd make sure your wife gets checked out real good to make sure she is alright.

I wouldn't settle with the insurance company until you know for sure all is fine. A BI claim "mention" may

persuade them to settle and get you off their books quickly by totaling your car. I've heard most insurance companies like

to wrap these things up in a timely manner before they grow big and cost more money.

Like I said "mention" it. I personally would never take a settlement knowing it wasn't honest, but I wouldn't hesitate

to use that angle to get the best possible deal for me in a situation like this.

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I understand your feelings and advise. Unfortunatly you are correct about some insurance companies. I am 100% for anyone involved in an accident where it was even remotly possible they may have been injured to get checked out.

I draw the line on encouraging someone or suggesting taking money because you think you can get away with an easy buck. I personaly understand why Insurance companies have to make it difficult for someone to collect on bogus claims. There is a two way street on the whole subject, I understand your position.

I hope the car is totaled and the Insurance company pays all costs to replace it. I stand by my position that suggesting a Bodily Injury claim when your not hurt, is wrong.

"Thanks for your flame though, I just refuse to be a lemming." Your welcome for the flame, you have the lemming part backwards.

 

Well put, and, I agree that making a claim when there is no basis to do so is wrong.

 

There is a moral and ethical line in my profession. I see people on both sides of that line on a daily basis, and can only make sure that I stay on the "right" side of the line.

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Let the adjuster know that not only will they be paying the $29k repair and MONTHS of a high end rental car (you are entitled to a rental of comparable quality to what was removed from servce, Hertz rents Vetts) but they will also be on the hook for a settlement of diminished value to be determined by appraisal AFTER the repairs are done. Once they know that you know what you are entitled to and that you do not intend to back down, they usually take the easy way out and total the car if its even close. At $29k its more than close.

 

Good luck.

 

 

 

+1

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  • 3 months later...

after fighting with the insurance company and Michigan having no fault insurance laws, I had no choice but to have the car repaired they called me on Friday and told me the car was ready to be pick up. The person that did the repairs on the car is a Friend of the family and he did a great job. I have had the car out for two days and running her hard and she drives and rides like she did before the accident the collision shop did a great job on the body all of the lines match, inside the engine compartment looks like it did before the accident. I could not tell where the car had been damaged

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Glad your wife is alright -that's the most important thing ,cars can be repaired or replaced. I find it very interesting that the OP clearly states that there was not bodily injury yet the PI attorney states "Keep in mind that your wife Will have a bodily injury claim...." not if your wife develops an injury she has a claim.

Sorry but the PI attorney seems to be living up to the attorney stereotype through his language!

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after fighting with the insurance company and Michigan having no fault insurance laws, I had no choice but to have the car repaired they called me on Friday and told me the car was ready to be pick up. The person that did the repairs on the car is a Friend of the family and he did a great job. I have had the car out for two days and running her hard and she drives and rides like she did before the accident the collision shop did a great job on the body all of the lines match, inside the engine compartment looks like it did before the accident. I could not tell where the car had been damaged

 

Good to hear the car was repaired properly (as best you can tell).

 

So, are you going to go after diminished value? I would believe it will now show on carfax for any future buyer. Does your state require disclosure when you sell/trade? Here in TX they do.

 

Tom

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