Author Topic: Totaled My Connie -- What to Expect?  (Read 7359 times)

Offline Miss Silvera

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Re: Totaled My Connie -- What to Expect?
« Reply #20 on: August 08, 2011, 10:18:30 AM »
Time to "lawyer up" as they say......

I'm sorry if there are any insurance adjusters that are reading this , but folks....here-in lies the problem of why we have to pay five people to do a on person job.......

No-one wants to take responsibility....


RapidRoy,  good luck.....we are all pulling for ya...please keep up-dating...  and glad your up and around...hope your doctor visit went well and you keep improving...
"Listen With Your Eyes" 
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Offline soyjim

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Re: Totaled My Connie -- What to Expect?
« Reply #21 on: August 08, 2011, 10:41:19 AM »
I think you can get a copy of the police report by going into the local police station that wrote the report. It would be good to know what that report says before you push the insurance company. Your case will pretty much hinge on what that says.

Offline Cholla

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Re: Totaled My Connie -- What to Expect?
« Reply #22 on: August 08, 2011, 06:49:10 PM »
Leave it to the great state (?) Of I'll to prevent you from committing "chop shop crime" but helping the insurance companies and chop shops do it.
Meanwhile the people the legislators say they are protecting get shat on.
Good advice on lawyering up and getting a copy of the report.
Beware the Black Widows...Feared throughout the land!

Offline jim_de_hunter

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Re: Totaled My Connie -- What to Expect?
« Reply #23 on: August 08, 2011, 08:11:16 PM »
My wife wrecked (Probably, we're waiting for the insurance company to decide if it's totaled or not.) her car this past Thursday.  Per Ohio Revised Code (Retrieved from http://codes.ohio.gov/orc/4505 ) "When an insurance company declares it economically impractical to repair such a motor vehicle and has paid an agreed price for the purchase of the motor vehicle to any insured or claimant owner, the insurance company shall receive the certificate of title..."

In Ohio, the insurance company purchases the vehicle when they pay off.  They can sell it to whomever they want, included the former owner.  In this case, me.  I'm probably going to buy it if the price it right.  I need a beater for me 100 mile round trip commute. 


2006 ZG1000 "The Blue Monster"

Offline Cholla

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Re: Totaled My Connie -- What to Expect?
« Reply #24 on: August 08, 2011, 08:36:55 PM »
Notice the wording that states "and they are purchasing the vehicle"? They aren't purchasing the vehicle. They are covering the loss of value of the vehicle. An outhouse lawyer can tear that law to pieces.
Beware the Black Widows...Feared throughout the land!

Offline soyjim

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Re: Totaled My Connie -- What to Expect?
« Reply #25 on: August 09, 2011, 08:52:13 AM »
It is understandable that you did not learn how to get a copy of the police report at the time of the crash because you were taken away by an ambulance. It is important to know what that says because it will be the first basis to determine who's insurance company pays for the accident. It can be challenged but even your insurance company is unlikely to do that because the legal cost would be expensive.

If the police did determine that the other party was at fault you will recover the value of your bike under the applicable state laws. This is going to be a pretty cut and dried thing. Your getting estimates of the value of the bike will help you get maybe a little more than say kelly blue book price. They should pay for fees associated with getting another bike. Assuming that the other driver is determined to be at fault the most costly thing for that insurance company is likely to be your medical bills. Your own health insurance company will have an interest in seeing to it that the other drivers insurance  pays your medical bills. I would suggest you talk to them about how to get the other party's insurance company to pay for your needs. This information will be somwhat applicable to the property portion of your settlement. They might also have some advice on whether your injuries are serious enough for it to be worthwhile for you to obtain an attorney. Lawyers will not take you case out of the goodness of their heart. They will take a portion of the insurance companies pay out.

We all Know that c10 are more valuable to us than what they can be sold for. You have some rights to getting more for your vehicle because the insurance company is somewhat obligated to replace your vehicle with a similar vehicle. This will be a negotiated process. When compared to the medical costs involved it is likely in this case the insurance company will likely want to keep you happy so that they can close the case on the medical portion. If the other person's insurance company does agree that they have an obligation to pay, the property portion of the settlement is likely going to come out ok for you. It is on the medical pain and inconvience portion of the settlement where you most likely to have significantly large differences where a lawyer would be worthwhile for you to obtain.

For getting estimates on the bike repair you might take pictures of the bike to repair shops and they can give you something that will satisfy the insurance companies needs.

An unrecoveabe inconvience of an accident is that you have to deal with insurance companies that have rules that you have to comply with. Ultimately they have laws that they must comply with and they are going to have a lot of experience in complying with them. You can only get the legal advice that is worth what you pay for it. If you think you are being treated unfairly, it has been suggested that you contact your states insurance regulators.

Offline RapidRoy

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Re: Totaled My Connie -- What to Expect?
« Reply #26 on: August 11, 2011, 11:24:37 PM »
Now 2 weeks into this and still very little from State Farm. I called Monday and was told by the adjuster that they would accept liability. It sounded as if he had just gotten the report and was looking at it for the first time--saying something about it all starting to make sense.

What is strange is that now he says they will have somebody come take a look at the bike. Alas, no calls from someone who will look at the bike to determine the payout. Prime riding weather is escaping. Sorry State Farm, you're moving too slow for me. I think I'll call tomorrow and see what the story is going to be now.
'99 C-10

Offline RapidRoy

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Re: Totaled My Connie -- What to Expect?
« Reply #27 on: August 20, 2011, 11:29:54 AM »
Now just over 3 weeks into this and still no joy. An adjuster finally came to look at the bike last Sunday, but no response all week. Meanwhile, days are getting shorter and riding will be coming to an end in about 6 to 8 weeks. I really find it hard to understand why these companies aren't more responsive. Now that I've seen State Farm's customer service up close and personal, I would never consider buying insurance from them--way too slow and unresponsive. They are really starting to tick me off, to the point of starting to research small claims court.

As far as me, all the soft tissue damage is pretty much healed. I still have a cracked rib(s) which hurt, especially when I sneeze. My upper back still remains jacked up a bit. It doesn't hurt, but feels different to the point of making me wonder if something will come up in a month or two. Best leave the medical open to make sure I don't get stuck with some upper back problem.

I'll keep updating the saga until it is resolved.
'99 C-10

Offline BrianM

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Re: Totaled My Connie -- What to Expect?
« Reply #28 on: August 20, 2011, 11:38:34 AM »
Too slow, draft up a letter stating the case and mail it off to your state insurance commissioner and CC it to State Farm (I usually like to blanket the problem company with these letters, always picking the top-tier management, board members, etc... just to make sure that Lots of people who can make things happen know there's a problem)

It'll cost you a couple hours of time and under $5 in postage (ohh, looks like you can do some of it online).

http://www.insurance.wa.gov/about/contact.shtml

Sorry to hear you're dealing with this still, I had hoped for the best with a fast resolution for you.  Still do actually.

Offline RapidRoy

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Re: Totaled My Connie -- What to Expect?
« Reply #29 on: August 22, 2011, 05:51:10 PM »
Called State Farm this morning for another update. Woman who answered said the claim was now in the hands of the total loss dept. and transferred me to another woman. She indicated that she had just gotten the file on Friday. It is now 8 days after an adjuster looked at the bike and the total loss people still haven't looked at my file. Of course I express my dissatisfaction/extreme irritation with the amount of time it takes State Farm to get something done. She indicates they will get right on it and call me back before close of business.

She calls back and tells me they couldn't find comparable values in my area so they asked a couple of dealers what they would sell a 99' for. The dealers said $2,400 in average, so that was here offer. Again, I expressed my dissatisfaction at that. I paid $3,000 for a bike in good shape and put another $400 into it making it as close to perfect as I could get it. What about my time?

I was steamed to say the least. So I asked her, where I could get one in very very good shape for that money? She told me if I had a different opinion about the value then I could document what I thought it was worth and prove to them they were wrong in their assessment. I told her what I thought about them telling me I had to do all the work or accept their crummy offer. State Farm is not a company I will ever do business with. >:(
'99 C-10

Offline Miss Silvera

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Re: Totaled My Connie -- What to Expect?
« Reply #30 on: August 22, 2011, 07:09:23 PM »
Being that you are a "member" here on this forum and that this is a forum for the C-1000 and the C 1400, I would dare say there is a board of qualified EXPERTS HERE that can offer you an unbiased estimate on your bike.   Plust the cost of farkles, labor and the cost of the mods to make the bike right. 

Plus you would be getting estimates from all over the country.   

Right off, the condition of your 99 with the mods and farkles you have lost I believe would be in the 3500 to 3600 dollar range. (my unbiased estimate)

Insurance companies are in business to make money as you know so they are going to low ball you over and over,   set your recovery price and DO NOT GIVE IN!!!!!!!   Not one damn red cent!

PLUS start talking to them about pain and suffering, and medical costs you have and are gonna have...that should loosen them up a bit...
"Listen With Your Eyes" 
Identify, Acquire, Press, Press, Move
Wit, Grit, Courage,and Determination .....
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Offline RapidRoy

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Re: Totaled My Connie -- What to Expect?
« Reply #31 on: August 22, 2011, 07:40:53 PM »
Miss Silvera,

Great idea. What is it worth? A 1999 in excellent shape with 32,000 miles. All, and I mean all, maintenance that needed to be done was just done within the last month or 2 (brake fluid, radiator flush, oil filter, front bearing checked, rear gear oil...). The only fluid not replaced was the clutch because I had just stripped the screw head off and so put that off a bit. Had a rifle windshield, stick coils added. Brand new front tire, good rubber on the rear tire. Oh yes, heated grips.

I just sent a message telling them that if they want me to do a bunch of work proving to them what it is worth, I'd much rather do that before a neutral party like a judge.

I still find it hard to believe they treat people like this. Delay then low-ball.
'99 C-10

Offline soyjim

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Re: Totaled My Connie -- What to Expect?
« Reply #32 on: August 22, 2011, 11:55:18 PM »
If you can document that you paid $3000 relatively recently for the bike that is a good place to start in showing what the fair market value of the bike was when you bought it. It sounds like some of the items you put into the bike were upgrades and some were maintenance. If you can get them to agree that 3200 is a fair value for the bike then add sales tax and registration and that will get you to over $3500. That is one example of reasonably presenting to them that you should get more than what they are offering.

You need to decide what you think is a fair value. Then like you are doing with us present a reasonable explanation of what you think it is worth to the insurance company. In my opinion as long as you can come up with some reasonable explanation of it, you might get the insurance company to pay as much as $4200 for a 1999 concours in really good shape. Realistically my opinon, based on what I know now, $3500 would be the best you will get. Just present what you think you should get. They will probably say they will have to get back to you. You really don't want to go the hassle and time of getting a court involved in settling this, if you don't have any serious long term injuries. 

I understand that this a real pain. On the bike portion of the accident, which you would like to get settled pretty quickly, were arguing at most less than 2000 dollars. If you have any lingering medical issues that could cost you many thousands of dollars if you settle too quickly. It is easy for me to say, I have a running bike, don't close this out too quickly. If you have a transportation hardship because you don't have your bike you might be able to get a rental car paid by the insurance company. You will have to explain to them why you need a rental vehicle now.

What do you think the insurance company should pay out for the bike? In dealing with the insurance company stress that this is a low milage bike that is current on all its maintenance needs like you have presented to us. Do you know if the laws of your state let you keep the bike? I would try to find that out.

The insurance company wants to get the whole accident cleared up at once. You want to get the peices of the damages paid out as quickly as possible. I sympathise for you. That and about 5 bucks will get you a cup of coffee at starbucks. Hope you are well and you get what you want for the bike.

Offline timsatx

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Re: Totaled My Connie -- What to Expect?
« Reply #33 on: August 23, 2011, 06:42:35 AM »
I don't really think that telling them that you changed all the fluids and put on a new tire is going to mean a tinkers damn to them as that is normal wear and tear items. The condition of the bike before the accident and any modifications should mean something as long as you can document the costs (like heated grips and stick coils). The only other thing that would probably add to cost is if you had other things on the bike at the time like a GPS or a stereo.

Offline RapidRoy

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Re: Totaled My Connie -- What to Expect?
« Reply #34 on: August 23, 2011, 10:25:08 PM »
Timsatx,

I suppose you're right about the maintenance items, but I look at it a differently. If I spend $35 for an oil change, then I expect that to be amortized over the next 4,000 miles ($0.0875 per mile). When their driver caused the crash, they took that property from me (fresh oil and filter). I look at the tires and other maintenance items all the same way. I believe a vehicle that is completely up-to-date with maintenance and has had all wear items recently replaced is worth more than the equivalent vehicle without up-to-date maintenance and wear items.

I guess I really don't care what the insurance company thinks. I'm going to ask for what I think is fair. If they don't pay it, then I will take their driver to small claims court and plead my case before a judge. I'll be sure to also tell the other driver that State Farm chose to put her in this position because they feel it is okay to take advantage of people.

I decided today that I will simply tell them what I want. They can choose to pay or not. More than likely, they will ask me to prove that value by spending a bunch of time documenting it. My response will simply be, that fair valuation is supposed to be their job. Furthermore, if you are going to make me go to the time and trouble to develop a case, then I would much rather argue it before somebody who is neutral, like a judge. Based on my experience thus far, I have no expectation of getting a fair hearing from State Farm.
'99 C-10

Offline RapidRoy

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Re: Totaled My Connie -- What to Expect?
« Reply #35 on: September 02, 2011, 09:32:12 AM »
Epic saga continues. I got a call back from a claims adjuster 4 weeks, to the day, after the accident. I did exactly what I said I was going to do in the last post. That is, I told State Farm what I wanted, they said, "No. If you think it's worth more then you'll have to prove it." I said, "No. I don't have to prove anything to you guys. Even if I did go to that trouble with you, I have no expectation based on your behavior so far that I will get a fair hearing anyway. I think I will just short cut a whole bunch of frustration with State Farm and go directly to small claims court to get a fair hearing." Their response was, "That is certainly your right."

Apparently, they could care less about having their customer served with a summons to appear in court. Next update will be what happens after I file a claim against the State Farm's driver. Actually, I think I'll let her know I'm going to file a claim first, just to see what happens -- I have all her information because the accident report was done at the scene by the police.
'99 C-10

Offline BrianM

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Re: Totaled My Connie -- What to Expect?
« Reply #36 on: September 02, 2011, 10:30:44 AM »
You're right, State Farm (and ANY insurance company) doesn't care one iota about a customer of theirs being sued.  It's not a threat to them and has only one motivation for them to STOP working with you. 

On the other hand, if you had bothered to threaten State Farm with a complaint to the Insurance Commissioner, that would have been motivation to get you satisfied, quickly.  They stand to lose a LOT more money than the piddly little payout to you if they can't satisfy you and you press the Commissioner.    IMHO, you've just turned something that should have been completed in the 4 weeks you've already spent into something that's going to be drawn out over 3 months (till a court date) and probably a year+ before you get less money than what State Farm most likely would have paid.

Anyway, have fun in court.  And have even More fun try to collect whatever judgement is made, bet that won't take any work on your part at all.... ::)

Offline soyjim

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Re: Totaled My Connie -- What to Expect?
« Reply #37 on: September 02, 2011, 12:30:38 PM »
Big mistake to go to court for property damage only. If you have physical injuries they are not taking care of, get a lawyer. This will not be easily or quickly be settled in court. you did not tell us how much money is involved. If you want to be dealing with this for a long time go ahead and take it to the courts. the court will tell you that you have an obligation to negotiate with the insurance company to get a reasonable settlement. Provide them and the Insurance commisioner with a written estimate of what you think the bike is worth. If you are asking more than Kelly blue book make sure you indicate why that should be. Probable due to condition and mileage.

The insurance commissioner is the way to go first. He is your first impartial agent to see that the insurance settlement is fair. You are the one that has broken off the negotiation and the court will not look favorably on that. The insurance commissioner is the first place to go to for a better result. It is his job to get insurance companies to deal fairly with claimants. It does not sound like there has been anything in writing yet that a court can look at.
 
Have you been able to find out if the laws of your state let you keep a totaled vehicle? That is important!

Offline timsatx

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Re: Totaled My Connie -- What to Expect?
« Reply #38 on: September 03, 2011, 03:55:21 PM »
Beyond what I mentioned about standard maintenance , which I don't believe will mean anything to them,  have you asked dealers what a '99 would go for in great shape? You mentioned that they said the average but if yours was above average and can document it then that might hold some sway. Also anything that you added to it as farkles that was damaged, if you can document that then I would think you could also be compensated for that loss.

What you paid for it also will not mean much, if anything, to them. They are only looking at what they believe the value of the bike to be. If you paid more for the bike than it was worth (and I am not saying you did) it isn't up to them to cover that cost. You will have to prove to them that it is worth more than they say. They have already come up with what they believe to be fair valuation of the bike, now you have to show them that it is worth more. It is not up to them to prove to you that your bike is worth what you think it is.

Good luck going to court. I don't think it will help but I would be happy to be proven wrong. That documentation that you think they need to have to show that your bike is worth more will have to be brought by you to court. They will simply tell the judge what they have established as a good value of the bike.

<edit> In my neck of the woods the bike is worth ~$2,615. I am sure the value is more where you are at, just saying that from my point of view what they are offering is about right unless you prove the cost of the items I mentioned earlier.

Offline RapidRoy

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Re: Totaled My Connie -- What to Expect?
« Reply #39 on: March 26, 2012, 11:33:01 AM »
Finally had a resolution to this, so I thought I would post how it turned out. Before that, however, I should relate what I think about how to approach an insurance claim and my experience with State Farm Insurance.

State Farm was painful to deal with. Initially (right after the accident) I was proactive and tried to do everything I could to move things forward. When I would call, they acted like they had never seen my file or would need to open up the file to see where things stood. In each case, I had to poke them to move forward. This very quickly made things worse as I felt like they were unresponsive.

When they finally did get around to making me an offer for my bike, they used an outside firm who called two dealers, one in Spokane and one in the Tri-Cities Washington. They gave them a price for an “Average” bike of the same year (1999) and mileage (~30K). I had argued all along my bike was not average but rather near perfect with some upgrades. They ignored that and said prove it.

At this point my response to their unresponsiveness and their “I will tell you how it is going to be.” attitude was to lose my temper. Big mistake, as some of the forum members have said—especially since we were only about $600 apart.

I told them I did not have to live with their rules, I could take their insured to court and that was my intention. They said fine, that’s your option. Frankly, I was astounded that they would put their customer through that for $600. My logic here, as stated earlier was that if I had to prove something, why wouldn’t I do it to an unbiased judge rather than State Farm, who was clearly biased.

This really is flawed logic for at least two reasons. First, taking things to court is far more work and will require far more documentation and proof. Second, why put the other driver through that if it isn’t necessary. Sure, they were responsible, but they didn’t do it on purpose.

FYI, I was working with a particular adjuster at this point who I felt was condescending. I never talked with this adjuster again and began to interact with a different adjuster. Perhaps they have a strategy of switching when they get nowhere with someone. Whatever the case, the second adjuster was much better to work with.

At that point, I just spent the winter cooling off (in more ways than one). I couldn’t ride and needed to shop for another bike. Would have been nice to have the money but I could live without it for the time being. They didn’t call me and I didn’t call them for months.

I finally sent them an email saying I would like to get the issue resolved. It took them two weeks to call me back. When they did, the claims adjuster left a message. I called him back within a couple of days and had to leave him a message again. It took him another 10+ days to get back to me and leave another message. By now you are getting the picture here – State Farm is slooooooooow to respond! We went round and round for another couple of weeks and finally connected.

Bottom line, the adjuster said they had their appraisal and could not just give me more money unless I were to show them why. In fairness, the original adjuster did communicate the same thing, just with a more condescending and “this is how it’s going to be” tone. Bottom line, I sent them some Craig’s List ads, they adjusted the price to above what I was asking for and settled.

State Farm was true to the end. After we agreed on the phone, the adjuster indicated that he would send a message to let me know where to pickup the check. He didn’t. I had to call around and find a local agent that could tell me the day I was supposed to settle. When I got to their office, the receptionist was on the phone…and on the phone…and on the phone. This probably when on for 15 minutes with me pacing around before she finally got off and asked me what I needed. All I can say is WOW! How these people stay in business is beyond me. The local agents must have to compensate and shield their customers from this or they wouldn’t have any customers at all.

My advice to those of you unfortunate enough to go through this is to:

1) Stay calm, even if you are mad as a hornet. As prior posters have said, getting mad didn’t accomplish a thing.

2) Document things well. Craig’s list saved me here. I started capturing ad images right after the accident that showed people asking far more than State Farm’s low-ball offer.

3) Complain early and often to everyone who will listen (state insurance commission, adjusters…). I am not sure how much this helps, but it can’t hurt.

4) Never consider buying State Farm insurance.
'99 C-10