Total loss reimbursement

**totalled** · 02-02-2006, 12:59 PM

Hello, and thanks in advance for your help!

My truck was hit head on first week of january and declared a total loss. It was the other driver's fault and his insurance comapny took full responsibility.

The problem is that a month later I finally hear back from them regarding what they are paying me and it is about half of the kelley blue book, and less than half of what similiar trucks are selling for in the area.

The truck is a 92 toyota pickup extra cab, 4x4 V6, that was in between fair and poor condition. It was mechanically perfect but the interior and body were a little worn. The blue book was 3,800. I have seen similiar condition trucks selling for 4000-6000 dollars.

To replace the truck I would say I would be lucky to find one for less than 4,000.

What did they offer me? $1,900 cash, or 1,400 and I keep the smashed up carcass.

What can I do now? :x

**aaron** · 02-02-2006, 03:53 PM

If they won't present a reasonable offer, you may have to resolve the matter through small claims court. I understand that you can sue for up to $7,500 in small claims court, so you should be able to claim your entire loss. If you pursue that approach, you should be prepared to prove the reasonable market value of your truck, which includes not only the sale price or blue book value of similar trucks, but evidence that your truck was in comparable condition. Sometimes a used car manager from a car dealership can provide a specific estimate of (what would have been) the resale value of a vehicle after an accident; check, though, to see if you could get away with submitting an estimate, or whether you would need an affidavit or live testimony.

**totalled** · 02-02-2006, 03:59 PM

Is there a web listing, or other database that I can access to see for myself what similiar trucks have sold for? It's easy to look up what people are asking, but not as easy to find out what they actually got.

Thanks!!

**aaron** · 02-02-2006, 04:03 PM

I am not aware of a good source of such data. The various "blue books" supposedly get information from dealerships and dealer auctions, but I have never seen the raw data made available to the public.

**totalled** · 02-09-2006, 03:29 PM

I won!!

After "talking" with several people within the insurance company, and actually meeting a rep. out at my vehicle at the junk yard, I convinced them that their offer was rediculous.

They re-evaluated the claim , and now they are giving me $4,200, yeah!

Shows what a bunch of angry phone calls, and threats of litigation will do (if they realize you are right).

So those fighting insurance claims, don't give up, stay on em, and you might be surprised like me. :lol:

**aaron** · 02-09-2006, 07:00 PM

Congratulations.

**Erked** · 03-17-2006, 05:10 PM

Quoting totalled

I won!!

After "talking" with several people within the insurance company, and actually meeting a rep. out at my vehicle at the junk yard, I convinced them that their offer was rediculous.

They re-evaluated the claim , and now they are giving me $4,200, yeah!

Shows what a bunch of angry phone calls, and threats of litigation will do (if they realize you are right).

So those fighting insurance claims, don't give up, stay on em, and you might be surprised like me. :lol:

I am SOOO having this very problem right now!! I have dealt with a few different people, but this adjuster is SERIOUSLY playing hard ball!!!! I have four children, I had a 1995 Ford Windstar LX, my fiance was driving it and a semi's transmission exploded, causing four of five cars to wreck. Their insurance accepts total responsibility but is bull crapping about the prices. I have checked ALL of their sources; NADA, Edmund's, Auto Trader (they say they do not use Kelly Blue Book), and I get different figures then ANY of these are showing, anywhere between 800 to 1000 dollars difference!! I told the adjuster and she said that she would not budge!! I told her that I was filing in small claims court and she said that her manager would not let her go any higher. I went today and filed a claim against the insurance, but later I read that I needed to file against the driver, not the insurance company, which makes no sense since the insurance co. is accepting responsibility. I do not have the driver's info b/c he was driving a semi for a company. This has been a HUGE nightmare! I hope that I did not waste my money by filing against the insurance and not the driver!! I know my van is worth MUCH more then she is trying to pay, her offer is ridiculous! How is it fair that the 'victim' is put through SO MUCH STRESS! I had a perfectly dependable car that I felt safe driving my family in, now I have nothing but a huge nightmare and stress!! I do not have the money to come out of pocket for a new car right now! I did not ask for, nor did we cause this mess!! I just wish that it never happened! There is NO way that I can buy another minivan of the same (or even close to the same) callibar as my van, and now I hear that the insurance company will make money off of my totaled van??!!! Who is protecting innocent people from these money-grubbing insurance adjusters? How is this right?
Oh, by the way, congratulations on winning your claim- it at least gives me some hope!
I know that I can prove my case in court, I just am not sure whether I filed the claim right, does anyone know? (I am in Indiana) I would deeply appreciate and welcome any advise!! Thanks!