Re: IML:drunk people & insurance claims

[Alex Krasicky <krasicky49451@xxxxxxxxx>]

I'm sorry to hear about the incident, Jack.

While I know little about car insurance (I don't yet own a car), I recently read "Buying a Car for Dummies" and have a good example. In one chapter, the author described how she was in an major accident and ended up battling in court over a fair value for her medical bills. Her technique was sneaky: sitting down with the opposing attorney and being very friendly and understanding. She talked calmly about how she how she loved her job, writing, and that she couldn't continue because of her injuries, etc., etc., instead of getting into a shouting match like TV dramas show them to be.

She received the full amount, $30,000, instead of the $3,000 or so (I can't recall exactly, the first offer may have been more)  that the defense had tried to offer previously. She also bought her truck back from the salvage yard (like Kenyon suggested) for a few hundred dollars, and got it back on the road for about $2,000 in
 repairs.

Her case is extreme compared to yours, but it would help to consider her technique, nonetheless. Check if your library has "Buying a Car", as I can't convey it as well as she wrote it.

All the best of luck,
Alex Krasicky

Kenyon Wills <imperialist1960@xxxxxxxxx> wrote:

The drunk's ins company will struggle to come to terms
with the value of the car- be prepared and logical
about it. Getting angry will not work in your favor -
it's oly business to them. They will likely assess a
low value to it, perhaps $1000 regardless of anything
else. This will be their first offer, and do not take
offense, but decline it right away.

It will lie to you to establish fair market value if
it is worth more than what they offer and you expect
$$.

There is a list of Imperials that were on ebay last
year with final auction results (who did that? It's
super! Still working on it???). It's under MAILING
LIST on the club website.

I had a 71 lincon MKIII get rear-ended, and showed
them the print page from Hemmings (print was still
powerful back in 1996). It showed 10 other cars just
like mine with a range of $2500-$6500. I didnt go
into detail that the resource was a collector-car
publication that had better than average cars....it
established that the car had value and that was good
enough for AAA.

This gave the insurance flunky the ammo to go to the
boss for an apporval. I got $5500 after an initial
offer of $950.

A pristine 72 or 73 sold for $8500 on ebay in the last
12 months. If there is a way to research ebay
transactions (I think there is), this would be worth
pursuing as part of your proof.

These cars are going for a song, so being choosy with
the evidence that you produce could assist your case.

By the way, think in their terms of reference. Paying
you $5000 to total your car may very well be "cheap"
in comparison to the cars that they deal with every
day that are considerably more valuable, so don't be
embarassed about asking for "what the car is worth".
They most likely won't have any clue about what it's
worth, and it's up to you to make the argument that it
isn't some worthless "old car".

If you can buy it back from the company on a salvage
basis, you'll get it for a song and have a pretty good
parts car. I would not hold out much hope for a
repair that you can trust, being that it's a unibody
and so-forth, but the body shop may surprise you.

Take it to 2 body shops for estimates to bolster your
claims, and have lots of grisly photos to show when
you start your negotiations. You might be able to
argue the family heirloom angle and get a check for
the (higher?) repair amount, but don't hold your
breath.

You'll likely wind up getting a replacement online
(you are going to stick with an Imperial?) for $2500
or less, certainly not more than $3500, and you can
spend the balance of your "$5000" or whatever you get
making it roadworthy or chasing women as you see fit.


Sorry about your loss. Am happy to hear that you were
not in the car at the time. In CA these things go on
your driving record - usually.

Make certain to insist that the ins. company report
this to the state and anyone else (credit bureau?)
that might possibly want to know about the drunk's
financial exposure. He should get a ding on his lic.
and if he lawyers up the police may let him off.

The ins. company has the ability to report this
activity to the DMV and should be encouraged to do so.
Got another person that hit me and refused to provide
ins info to be granted a point with no police report =
ins company did it for "hit and run" after I sued him
for his ins policy and got a judgement. It allowed
them to jack up his ins rates, so that's why they even
had an interest.

You do not need to deal with his insurance co. by any
law, by the way.

He did it, and they are paid to sheild him, but he has
ultimate liability. File a small claims court case
for $50 below the maximum allowed or whatever you can
establish using research and estimates. Guess what?
The ins. company will not pay a lawyer to deal with
this. Get a judgement and your barganing position
just got a lot stronger. A judge doesn't care what
your car's worth, just who's responsible and if your
claim is justified by law. Guess what most judges
think of behaviors committed by drunk people?

If his insurance carriers don't want a judgement, they
may become suddenly pliable. Remember to request
"court costs" in your court claim and then pay someone
with a badge and a gun to serve him. Here the Sherrif
does that for more than companies, but it's ultimately
on him and it's more satisfying that way. Ask
questions about local pocedures if you're not familiar
- small claims is fantastic if you have a case.


Good luck.





--- jlindholm
wrote:

> Hi All,
> I've been quiet here lately as life things have
> been pretty loud,
> I hope all are well.
>
> Early this morning my '73 Lebaron was hit by a very
> intoxicated
> citizen in a honda at suprisingly high speed (given
> the damage to my car).
> I was parked on the street in front of my building
> here in Brooklyn, NY, and went out to find my car
> at a 30 degree angle to the curb having been pushed
> into the car in front of it.
> The NYPD had left me a kind note with a phone # to
> call to get the accident report.
> What I know is the driver spent the night as a
> guest of the city,
> and they say he's insured. The official report will
> be available on Monday.
> so to the damage->
> all of the rear sheet metal behind the rear doors
> is lifted and pushed in, with wrinkles in the C
> pillars on both sides. The frame rails are kinked
> just behind the axle and all the trunk sheet metal
> is ripped and buckled. And all the rust in the
> quarter is very revealed.
> The doors are all still straight, but the front
> grill is pressed in a bit, the hood dented, the
> bumper pod on the left smashed.
> sigh...
>
> Does anybody have experience with dealing with
> something like this,
> re: the other guy's insurance, value, repair?!? etc?
>
> I only have NYS liability on the Imperial.
> (but hey, he hit me and was drunk.....)
>
> I'd really appreciate any insights on how to
> proceed.
>
> my fear is that it's a total
>
> btw,
> my father originally bought the car in '73 and I'm
> the second owner.
>
> it's probably in C+ condition, with lot's of stuff
> replaced
>
>
> Thanks
>
>
> jack
> very damaged 73 Lebaron
>
>
>
>
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