IML:drunk people & insurance claims

[<pnkmoore@xxxxxxxxxxxxx>]

I did auto defense work for insurance companies for years in my law 
practice, and still do some.   Representing the "enemy," I have some 
thoughts that may be of help to you.  I'll start be saying that Ray and 
Kenyon both had very correct advice.  There are a few additional things to 
keep in mind:

Insurers differ, so there's a bit of the luck of the draw as to how you're 
going to be dealt with.  Of course, they'll all in the business of giving 
away as few dollars as possible, so you'd best prepare yourself for the 
low-ball offer from an unsympathetic adjuster who will maintain ignorance 
(fiegned or real, the former being more likely) as to the value of the car. 
They do this as a matter of course, as some appreciable  number of claimants 
will take whatever is offered first without objection.

Be prepared to be inconvenienced and to have to create your own evidence of 
value.  They won't do it for you, and be prepared the entire process to take 
some time.  The guy who hit you is the culprit here, so keep that in mind if 
the insurer treats you like an inconvenience.  This has been foisted upon 
you by a criminal: you're not the bad guy.

Be prepared also to have to bring the matter to small claims court, this 
given the fact that you're valuing an unual car that their estimating 
systems won't easily categorize.  I'm the magistrate judge for the local 
city court, and have experience (in small Southern town terminology anyway, 
but the outcome is the same).  You live in Brooklyn, I think you said, so 
there's little doubt that a small claims system exists within the City or 
County government that has more than enough dollar jurisdiction (probably a 
$25K maximum) to help you, and those systems are usually "non-lawyer" 
friendly to some degree, meaning a thinking man of the general public 
shouldn't have too much trouble traversing the procedures necessary to get 
the matter properly lodged.  The clerks are supposed to supply you with 
sufficient instructions, probably in the form of printed material, to permit 
you access to the court.

This is important, regardless of whether you plan to take the claim to 
court:  If the you can get the police report on the DWI findings, meaning a 
blood alcohol level or if the guy pleads guilty to DWI, most states have 
double damage laws in favor of claimants such as yourself, though not always 
for property damage claims only.  I wouldn't hesitate to let the adjuster 
know you're looking into that possibility, the result being that they'll 
want to get rid of your claim sooner and may throw more money at it.  The 
drunk guy's policy may exclude that type of coverage, but be assured it will 
help your claim be one they don't like.  In the same vien, be aware that 
most states require insurance companies to pay property damage claims within 
thirty days of receiving "full proof of loss."  Accordingly, the thing to do 
there is to provide them up front with good evidence of value, the best 
numbers you can find (Ebay, Hemmings, whatever) AND MAKE A SPECIFIC DEMAND! 
The rule there is to make your first demand higher than you're willing to 
take (i.e. you think it's worth $5k, demand $10k first).  When you deliver 
the demand, which you need to make in writing, also make them aware that you 
consider this adequate proof of loss, that they have 30 days to pay you the 
demanded amount, and close your note (politely!) with the fact that if you 
can't come to an agreement, your next trip is to the courthouse.

Adjusters hate "pro-se" plaintiffs in the courthouse, meaning people who 
file suit without the benefit of an attorney.  Judges often end up helping 
pro-se plaintiffs more than a represented plaintiff.

Overall, get your best valuation evidence, be polite, prepared and 
unruffled.  They can pressure you all they want, but they can't make you 
sign anything on the spot.  Take your time, subject to the fact that your 
state will impose a statute of limitations, or "prescrption" period on the 
claim.  The minimum is one year.  Plainly, if you get paper in front of them 
with valuation and keep those phone calls and letters coming, you'll be in a 
position to settle before the statute runs out.

If you hear:  "We don't use Ebay for valuation"  The answer to that is 
"Okay, but I think the Judge might.  Let's find out!"

Salvage:  Given your description of damage, I suspect that the cost of 
repair will far exceed the cost of replacement/actual cash value.  The drunk 
guy is only obligated to pay the lesser of those two numbers.  I know that 
seems unfair, particularly since this is your dad's car, but that's what the 
law tolerates.  Get body shop damages anyway, as the high numbers will 
enhance your claim.  So will the fact that this was your Dad's car and you 
are justified in associating higher value to it.  Note that the insurance 
company will have to do a body repair estimate too, and you might find it to 
be pretty accurate when compared to what you get from a body shop.  Be 
prepared too for the body shop to ask "you want an estimate for us to really 
fix it, or for an insrance company?"  The two totals may vary greatly!  They 
may charge for the estimate (unless you know the guy).  I don't know what 
your local economy tolerates so I'm trying to guess at all possibilties. 
Since your car is on the street and given your zip code, keeping salvage may 
be impractical.  If you want it, don't expect to pay more than a few hundred 
dollars.

One last trick, one that I've used to my advantage in several cases:  Call a 
bank or go to a auto finance website (and if the insurer is huge enough to 
offer auto financing, call them!  USAA, for instance, owns a bank and offers 
financing to their insureds, even on classic cars) and find out how much the 
bank would secure the make and model Imperial if you were financing it's 
purchase.  I have used this method with powerful results against insurance 
adjusters who complain that there was no way to value an old car, or that an 
old car is only worth $500.  My response was "Well, let me help you out. 
Here's Bank of America's website printout for classic car financing, and 
they'll secure the same make and model car for $10,000 in the condition mine 
was in.  Get out your checkbook!"

Sorry this was so long, but I got a little carried away.  I hope it helps. 
Good luck.

Patrick
Southeast Louisiana
'58 Southampton project car



----- Original Message ----- 
From: "Rob McCall" <Rob_Mopar@xxxxxxxxxxx>
To: <mailing-list@xxxxxxxxxxxxxxxx>
Sent: Saturday, October 07, 2006 9:39 PM
Subject: RE: IML:drunk people & insurance claims


The only thing I can add to what Kenyon said is to insist that you do not
want the car totaled, you want the money for repairs.  Even if you do decide
later that the car is too far gone to repair, it's your call, not his
insurance company's.  With the age of the car, they may not argue.   You
might not be able to get all the money necessary to repair the car, but it
would be something to work with.

Rob McCall
'67 LeBaron




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