[Coach]

Recently I was in a car accident that was not my fault.

After getting an estimate on the car, the price to fix the car is more than the Blue Book value, therefore the car is "totaled" but still drivable. The car, a 1989 Honda Accord 107K miles, is in excellent condition. I've taken great care of it and had recently paid for some repairs.

Bottom line: Can I negotiate with the other guy's car insurance and get more than Blue Book for the car? If so, what steps can I take?

Thanks

[Dork.]

The only advice I can give is to get at least two independant appraisals of the car if you want to try to get more than Blue Book for it. Laws vary from state to state of course, but I got into an accident in Buffalo, NY a number of years ago with my first car, a true beater which was probably totaled before the accident. They wanted to give me $900, I wanted $1400 based on the blue book value and the appraisal of the guy in the colision shop.
I went to small claims court (really just to give them a hard time and learn the process more than anything else -- I was in college, and their time was worth far more than mine). I got the impression that I won the case based on the facts of the accident, but since I only had one appraisal the hearing officer had to go with the $900 they initially offered.

Also, (pure speculation on my part) maybe you could agree to what they are offering for the car, but ask that you keep the title to the car. When cars are totaled the insurance company usually takes physical possession of the car as part of the settlement. Even if you keep it, though, since it was declared "totaled" there may be some more stringent inspection requirements you need to meet to get the car back on the road, and the title will probably state that the car was totaled and rebuilt, probably nixing any resale value.

Your leverage in the negotiations is the fact that you can go to small claims court. Get the appraisals, get the accident report (it helps a lot if the report states the other driver was at fault), and learn how to file a claim. (I had a lawyer friend help me). The filing fee is probably very small, and once the lawsuit is filed you have a lot more leverage.

[El Gato]

Originally Posted by Coach

Bottom line: Can I negotiate with the other guy's car insurance and get more than Blue Book for the car? If so, what steps can I take?

No.

The point of insurance is to "make you whole" if you have a loss. This just means, to put you back to where you were before the accident - not to allow you to make a profit on the accident.

The insurance company is always going to go with whatever the cheapest of the two options are. So, if totaling out the car and paying you the blue book value is cheaper than fixing the car, that's what they're going to do. They're not obligated to pay you any more.

[Dork.]

Well, the real issue ought to be whether or not the car was worth more than Blue Book value. The Blue Book is just a guide, after all, and even though they make allowances for the condition of the car, each car ideally ought to be looked at on a case-by-case basis. If he can get two independant appraisals of the car at a value above Blue Book, then that should set the fair value of the car.

Of course, the cost of getting these appraisals in the first place may make it easier to just take their settlement.

[SVass]

I agree with Dork and have actually done that. Once my old pickup truck was hit on the passenger side door leaving a big dent. Eventually the insurance company gave me the blue book value ($1700) and I kept the truck for several more years. Eventually, I gave it to a friend who was rebuilding part of his house and hauling materials and I got to borrow it whenever I needed to pick up beauty bark, etc. sam

[Coach]

Thanks for the advice.

I'd like to get more than the online Blue Book quote because I've put a lot of work into it lately and, mechanically, the car was in excellent condition.

Regarding the statement about insurance "making things whole", I don't know where I'd fine a car as in wonderful condition of this car was in for the price Blue Book is quoting or the insurance company may offer.

I'll get those appraisals as soon as possible.

Thanks

[James L]

Hey,

You should also attempt to obtain evidence of "market value" for your vehicle. Blue book price is rarely market value.

I had a vehicle written off once. Prior to going in to see my adjuster, I obtained hundreds of listings from the net, the auto trader, local newspapers, other car dealerships, etc of what a vehicle with the same features and milage as the one I lost was worth in todays market... i.e., what I would have to spend to replace what I had.

The number was significantly higher than the blue book price. This strengthened my position, and we ended up settling on a number between the blue book price and the values I brought in.

It worked out well for me.

Good luck!

[Athens]

a friend of mine got smacked from behind while he was driving his prelude. He had spent over 6000 on it that month with new mods, paint and all. He drove it into ICBC to be assessed, key point he drove it in, the car was still drivable, it just had a messed up trunk and bumper. When he came back the next day they allready sold it off and tried to give him the blue book value. Months later he found his car was fixed and being sold for twice as much as he got for it. That was a pretty shitty deal for him.