**Wrecked**

[mlaw7]

It might be some leverage. And on the issue of leverage, my attorney friend said the way to get his resolved faster is persue the person that caused the accident instead of the insurance company. It is up to her to get it resolved and a disgruntled client carries more weight than a disgruntled 3rd party. By applying pressure to her, she will put pressure on her insurance company. He said if it were him, he'd call her every other day.

Not true. At least here in Texas.

It is NOT up to her to settle this and in fact, she really has no say in the matter after a claim has been filed. Her insurance company has the right under her policy to handle the claim as it sees fit, subject to its duty TO HER of good faith and fair dealing.

They are under no obligation to settle with you. Especially if they have the weight of the law in their favor, which in cases like this - as a general rule - they do.

Not that laws can't be changed. They can be, either through the legislature or litigation, but that's another (related) story.

Moreover, not all insurance companies are the same. Same for adjusters.

Some are relatively fair to deal with and some of them are notorious for making you file suit in order to get a fair settlement. Even though it often costs them more money to defend a lawsuit ...

Sometimes these kind of cases go all the way to trial, and even further. A possibility you have to consider is that you may be in for a long (and probably expensive) court battle if you're going to stick to your guns on this.

[austex]

@WingZr0: Yeah, I paid $3,000 for mine before I touched it. I've got about 50 pages of receipts of everything I've done to it. 95% of it done by me personally. There is absolutely no reason why I should settle for a loss of almost $1000 on my initial investment of buying the car, just because of some stupid woman driver who did everything in her power to make sure I t-boned her. It's ridiculous.

@Carl_Beck: Thanks! I was looking for something like that.

@mlaw7: Yeah, I want to stick to my guns up to a certain point. I want them to give me at least $3500 for it, which I think is fair since I'd be able to go out and get the other Z I want. Ideally I'd want more, but I'm a realist.

Edited January 8, 2010 by austex

[mlaw7]

Print this out and FAX/Send it to them.

http://www.collectorcarpricetracker.com/auctions/make/Datsun/model/240Z/years/1970-1973/

A word of caution.

This only applies to 1970-73 240Z's, so I would imagine the adjuster will most likely ignore it given that your car is a 1974 260Z. Don't waste your ammo!

Something like this that covers your specific model will do you much more good.

My $0.02.

[IdahoKidd]

mlaw, absolutely laws differ. When I got rearend and it totalled my Subaru, I didn't settle with his insurance company and went to small claims court. The judge ruled he had to pay more, and his insurance company paid what was ordered. HOWEVER, because I had done much of the work on the car myself, the judge ruled I was NOT entitled to "the fruits of my labor" and he subtracted everything I had done to the car. I came away with more than I had been offered, but far short of what felt I was entitled to. I was pretty bummed.

[mlaw7]

No doubt!

Although small claims court judgments are (at least here in Texas as well as in Tennessee) not the final word unless the time for filing an appeal has passed. It's probably similar in Idaho.

Here's one for you - small claims court judges in Texas do not even have to be lawyers! Amazing but true.

[ajmcforester]

I've seen worse offers by the insurance company a word to the wise don't post any ware what you are willing to take that post might bight you in the arse. I take it you don't have collector car insurance, did you have any appraisal done before the accident, or anything in writing when you got insurance for the car about its value?

I've been down a similar road before, they are not going to offer you much for the car, I'd plan on this going to court, and you will want a lawyer. What your seeing now is why companies like Hagrty started they saw a market of individuals with car values that don't meet the standard laws in car value.

Most states laws work on diminishing returns in other ward they don't need to pay more for older cars that values increased, unless it is in the agreement. You will find even with collector car companies you need to contact them to increase the insured value of the car.

Anyone with a collector car or modified car should contact at-least one or two collector car insurance companies. Even though I was using a not so great company with my first Z, I'm glad I had it their was no question on the $ amount when it was clammed totaled.

[Stickerman]

If the accident was your fault, you would be obligated to take whatever settlement your insurance company offered. This was not your fault and you are under no obligation to settle for a specific amount and/or in a specific time frame. Keep saying no until you get what you want. Is the rental on their dime? The longer you keep it, the more it will cost them in the long run.

You did nothing wrong and it is up to them to make it up to you. I had a rental for 8 months one time, the rental bill was more than the settlement I wanted.

[rivrplay]

Okay, they offered me $2200. That includes the buyback price (only $86).

I'm about to fax some receipts and other documents to them. But I'm definitely not going for only $2200.

It does not matter what they offer it only matters what the true value is. Do your research to establish a realistic value (not 2-3x the realistic value) and then stick to your guns....don't let them intimidate you. Wreck was not your fault so it's on the insurance company to make you whole. If they are not willing to pay the realistic value go to your state insurance commissioner and file a complaint. Make sure the insurance company knows thats what you're doing too. Stay strong...they will pay. BTW - what I found in just a quick search on a 74 260 an average driver value is around 3k while a very good one is valued at 6k.

Also don't get into a shouting match...it won't help. While they have to pay you they don't have to sell it back to you and if your dealings get to contentious they may decide not to deal with you on the buy back.

[=Enigma=]

A word of caution.

This only applies to 1970-73 240Z's, so I would imagine the adjuster will most likely ignore it given that your car is a 1974 260Z. Don't waste your ammo!

Something like this that covers your specific model will do you much more good.

My $0.02.

So change the date.....

http://www.collectorcarpricetracker.com/auctions/make/Datsun/model/240Z/years/1974-1974/

Edited January 10, 2010 by =Enigma=

[conedodger]

So they offered you $2200 and you don't sound totally bummed. Now, I want you to call the adjuster and make a counter offer of $7500. He expects it. You will then get a revised offer of $5000. If you were not totally destroyed by the $2200 offer you should be happier with the $5000 right? The salvage value will not change. You can still keep it for the offer less that $86.

[JohnnyO]

Here's one for you - small claims court judges in Texas do not even have to be lawyers! Amazing but true.

Neither do Supreme Court Justices!

http://wiki.answers.com/Q/Does_a_US_Supreme_Court_justice_have_to_be_a_lawyer

[austex]

@conedodger: Yeah, I'm surprised the first offer was $2200. I figured it would be $1000 (or less). It's still a slap in the face, but I feel a little better about negotiating from $2200 than anything lower, for sure.

I sent them about 40 receipts including the tax receipt from when I bought it back in February of '08. Hoping that'll help...

Edited January 10, 2010 by austex