Chris288

My wife and dog were in a pretty bad accident on tuesday,, Her explorer is totaled and my dog was thrown out the back window.. The wife is full of bruises and her neck and back aches,, My boxer was found in the woods dazed and confused, full of cuts and scrapes. They are both very luck and home resting.

My question is this,, they totaled the explorer and are going to send her a check, but the motor, trannie and various other items are fine, plus she just had approx. 700 dollars in maintenance done just last week. The insurance company says we cannot have the car according to NY state law,, The truck is proabably worth 2,500 in salvage that we are not entitled to.. To replace the truck is approx. 13 - 15 grand, the insurance comapany is screwing her and are not even close to this figure, and they will salvage the truck for another 2 or 3 grand, so they are basically paying her 5 or 6 grand total.. The insurance company said we needed to be a liscenced auto salvage to take the truck, we asked if we could sell the truck to a salvage yard, they still said no.. I thought if the insurance company totals a car your entitled to it ??

CigDaze

I have no idea man, but I'm sorry to hear.
I hope they are both okay. Best wishes to the both of them.

mcollinstn

"Normally" the insurance company can offer to sell you the car back at a price comparable to what they would get from a salvage yard. This, however, is not a RIGHT of yours, and different ins companies have different policies.

We buy wrecked motorcycles all the time. We sell rebuilt bikes to guys and always let them know that if they total it that we would like an opportunity to buy it back from them for $500 over what they pay their ins co to keep it. We've gotten 4 or 5 rebuilds over the years from this. Lots of times the guys don't know they have the option to buy their wreck.

It's just that, though. When it is totalled and the ins co pays you for it, then it becomes THEIRS and you have no more ownership.

Your main thrust here should be to ensure that you are paid fair market value for your truck. The salvage portion is completely separate.

Make sure you get full med payments for the wife and dog. Lots of people forget to claim those.

Ange

Chris, sorry to hear about the accident. I am glad they are doing well though. Be sure the wife goes to the doctor! And the pooch to the vet for a check over.

wannabe

Chris288:

First of all I am glad she is OK, and the dog alive. They really must have gotten plowed into from behind. What year was the Explorer and mileage?

Check the policy and see what basis the value is on: Kelly Blue book, black book etc and reconfirm this your self. Remember to take into account mileage etc. The maintanance she just put in is a lost cause because it is looked at as "routine" and not enhancing the value just keeping it up. Insist on seeing the basis of their valuation. Most insurance companies assume you will take the check and not question them. Ask questions and keep bugging them.

Most insurance companies are essentially buying the vehicle from you when they "total" it. The other course is to insist they fix it (which you may not want).

I don't know the laws in NY but can you go after the other drivers insurance company for the differential value in buying a used one to replace it?

Good Luck

Wannabe

Wellby

I know, in Texas, you can buy the wrecked vehicle back from the insurance company. My next door neigbor bought his wreck back for next to nothing. Glad to here wife and dog are home recooperating.

EvilTwin

Chris,

I am glad to hear everyone will be ok. Just as a reference, I have State Farm Ins. and when someone totaled my bike (ZX-9R) they also had State Farm. They gave me the money for the bike and then a day later I got a call from the adjuster and she said she forgot to offer the bike back to me for a salvage value. She said I have first chance to buy back my bike. I asked how much, she had to go get a figure and she said $250! I said I guess I would like to have it back for sentimental reasons . I immediately sold it as is for $3,500. I was straight up with the new owner and he had the parts to fix it. So my point is at least State Farm is one that offers the owner first the chance to buy it back. I thought all Insurance companies did that. ???

IceAngel

Chris I am so glad they are OK, sounds like they could have been worse I too only am familiar with Texas laws and Wellby just about covered all of that.

Tell her that our thoughts and prayers are with her and you dog for a speedy recovery!!!

Terra & Sean

Cord

iTrader: (2)

Do not let them tow the car to their impound yard. Keep the vehicle local to you. This will force them to continue to pay the storage fees. They hate that. Remember, you still own the vehicle until they buy it from you. What would you sell it for? Then that's what they should be paying you. If they won't come up to book value, then hire an arbitrator. I paid one $300 once and he adjusted the value by $1,200. Once the insurance company had the true value of the car, they agreed to settle immediatly. As for buying the car back, if the title never changes hands then, the title is still clean. Something to consider.

Chris288

Thanks for all the replies and well wishes... Kinda along the lines of what I thought,, I forgot the buy back part... Even so, they said, we couldn't have the car back either way because we could try and sell parts off it or rebuild it and that is agains NYS law.. Oh, well, at this point we just have to make sure we get fair value from the insurance co.


As for the wife and puppy,, The wife is a paramedic and she is doing very well considering the damage, she was T-Boned in a direct hit in the drivers side @ approx. 55 - 60, My boxer Suki was thrown out the back window, luckily this all happened across the street from the Vets office and a couple of nice people stopped and help look for her in the woods, they gave her a tranquilizer and she is nows on anti-inflams and pain killers, My wife says she is part cat,, because she is on her 4 life.