RE: [alfa] GTV6 Rear-ended

["Brian Shorey" <bshorey@xxxxxxxxx>]

> I would really love some advice from those of you who know
> insurance law and/or have dealt with having your baby wrecked.
>
> I was sitting at a stop light in my 1982 GTV6.  It was a long
> light so I took it out of gear and sat in neutral with the
> brake on.  The light turned and I had a little bit of trouble
> putting the car in gear.  I moved about 10 feet and got just
> hammered by the jerk who had previously been stopped at the
> light behind me.  I think he was on the phone and didn't even
> notice that I was there, but rather noticed that all the
> other cars had moved and he stomped on the gas.  Anyway the
> one body shop in town who would write me an estimate says
> it's $4700 to fix it.  I believe it because it's all frame
> damage.  The whole back of the car is bent under and there
> are creases running up both rear quarter panels.  The spare
> tire well is bent enough around the spare that it cannot be
> removed from the car.  The bumper is about 1.5 inches closer
> to the car on the passenger side than the driver's.  That's
> the damage.
>
> So I claim it with this moron's insurance company (State
> Farm) and they don't want to pay me more for the car than
> $1570.16.  They base this number on "what two dealers said
> they would pay."  I have no idea where they got that number
> or which "dealers" they talked to.  I have a declared value
> on my insurance policy of $5000 which I think is fair (and
> I've paid the premiums to prove it...).  I have over $7000 in
> receipts for parts alone, since I did almost all of the work
> myself.  This car is in much much better condition than most
> cars I could buy even if they did pay me the declared value.
> When I told them that I have a declared value on the car and
> expect to get that from them they told me to claim it on my
> insurance, they will pay my deductible and then my insurance
> company will "subrogate it."  I talked to my agent, who is in
> the Alfa club, and he, like I, figures that's not a very good
> way to deal with this.  State Farm's client did the deed and
> they should take care of the damage.  Plus there is no
> guarantee that my insurance company won't fight me tooth and
> nail to make this go away.  Nor any guarantee that they will
> pay me, either.  Has anyone dealt with this?!!  How the heck
> do I get treated fairly when they are getting paid to not
> treat me fairly?  I either want them to pay the $4700 to fix
> the car or pay me the declared value.  I have a fund started
> already for a paint job on the car... and then it would have
> been basically done.  Now I am faced with this mess.  So you
> can understand the condition of the car, here's what I have done:
>
> I've owned the car for almost 4 years.  I bought a 3.0L
> engine from England (was cheaper at the time) and installed
> it in the car.  I rebuilt the whole front suspension,
> driveshaft, and exhaust system.  It has nearly $1000 worth of
> Stebro exhaust on it, Konis, Sport springs, the 3.0L 75
> motor, hot cams, seats from a 2001 VW GTI which I custom
> fabricated adaptors for, a new carpet set, new dash, new
> water pump, new tensioner, new brake master cylinder, new
> clutch master cylinder, new rotors and pads all around,
> rebuilt front suspension (ball joints, tie rod ends, etc),
> urethane bushings all around, rebuilt brake booster, new
> coolant hoses throughout the car, Milano A/C system (works
> great!), Balocco rear seat, 4.10 gearbox from a Milano
> (crunchy 2nd), new fuel pump, NOS gas cap, all new rubber
> below the windows.  etc.  This car runs perfectly and is
> practically brand new mechanically and in terms of the
> interior.  I am running european computers as well.  The body
> is rust-free and (was) straight.  The paint is pretty bad.
> The car has stock 15" alloy wheels with very recent Pirelli tires.

Karl,

What they 'want' to pay you, and what they are obligated to pay you, are two
different things.  You were not at fault, it is their responsibility to put
your car back into the condition it was prior to the accident.

Whatever you do, refuse to settle with them.  Threaten to sue them, or get a
lawyer involved.

Their client hit you.  They are obligated to make it right.  Tell them
you'll have it repaired, properly, and send them the bill, and sue them if
they refuse to pay.  Nothing should come out of your hide.

You might also tell them you require substitute transportation while they're
sorting the whole thing out.

bs
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