ZHP Down!! This sucks.

[Rock Nova]

So my beloved ZHP was involved in an accident a little over a week ago. I'm just now getting around to posting the pictures.

Story:
Took the car to a reputable indy shop for some general maintenance (oil change, trans fluid, diff fluid, & new fuel filter). I got a call from the owner around lunch time and I figured it was him calling to tell me the car was done. When he said he had some bad news I thought he saw something else that needed fixing while in there working. The he told me he wrecked the car. I thought he was joking a laughed and said, "yeah right". He said he was not joking and that while test driving the car after completing the work a girl ran a stop sign and he nailed her - never even hit the brakes. Everyone was ok, except for the two cars.

So I hear back from the girl's insurance company today and they say the car is a total loss and they will give me $14,105 + $1,374 sales tax, bringing the total to $15,479 or I can keep it and they give me $12,887 for repairs, but it now has a salvage title.

To me the $14,105 for the car seems like a slap in the face considering the mileage & condition of this zhp. When I look at kbb or nada I get between $15,800 and $17,600. So $14,105 just sucks. Hell I still owe $16k since I just bought the car at the end of last year.

Does anyone know if there is any wiggle room for negotiation in those offers from insurance companies? I would at least like to get what I owe on it. It sucks that I would have to come out of pocket just to get rid of a car that I didn't even have a part in destroying.

[Ryans323i]

Oh that sucks. It's worse than sucks, that's black hole bad.

I wonder if there's any liability with the Indy shop that was driving the car.

I really hate to hear/see this. If there's no other options, I would opt for the salvaged title. The car can be repaired, and then you wouldn't be in the negative trying to buy another car.

[JupiterBMW]

Wow man that really sucks. Sorry to hear. Not sure how to advise you on what to do, but I would definitely let them have the car. Negotiate that you want the load paid in full though instead of the $15479 they wanted to give you. Also, tell them you need a rental car in the meantime because you need transportation...

I think that's fair. Looking at the car, I'd say you're looking at at least $10k in damages. The money they give you will probably just barely pay for the fix, and you'll still have the loan to pay. And you'll have a salvage car, worth MUCH less... Not worth it in my opinion...

Plenty of ZHPs out there...

[webster]

ugh, this is the worst kind of bad news :{ so so sorry to see this.

given the pics, i don't think the chances of fixing it back to 100% are that good...esp if there's frame damage. i do think as ryan said you should see if the shop has any liability. when you give them the keys ultimately they are responsible for delivering the car back to you in the same condition you brought it in, even if the accident wasn't their fault.

as far as the insurance goes, your car is definitely worth more than that. you can definitely contest the value. make sure they understand that your car is not just a standard 330i ZSP, the ZHP package adds significant value on top. you can pull comps of other ZHPs for sale in your area as proof...

[Rock Nova]

Ryan, my concern with opting to repair it and just live with the salvage title is if the car finds itself in another accident after being slapped with the salvage title. Insurance then will surely not give me crap for the car - which could be VERY bad since I still owe so much on the car. If it were paid for or close to it, I think I would go the route of just fixing it. I just have this thought in my head of it being in another accident later and insurance only giving me like $5,000 for the car and me still owing like $14,000 or something. Then I still have $9k to pony up on my own...and no car...and have to buy another car on top of that.

[cakM3]

I hear everyone saying get rid of the car because of the salvage title. If you are planning to keep the car until the wheels fall off (on other words, never getting rid of the car) then I would repair the car and keep it if it's repariable and the money the girl's insurance company pays covers those repairs. Other than the damages seen in the pictures, the car looks very clean... I agree that this really sucks - I hate seeing ZHP's wrecked like that, especially when someone is so stupid that they can't follow road signs :facepalm ... ultimately, you will have to decide what you want to do. Good Luck...

OP, you have raised some good points about possibly getting into another accident with a salvaged car. I hear you on this... not that my cars are salvaged, but I had the same concern concerning my ///M, which is why I now drive my ZHP. I still have concerns with my ZHP but that's the chance we all have to take while driving on the roads with idiots out there....

[Hornung418]

Wow, so sorry to see this :(

[das boots]

OP....Keep this car. Even if it is a Salvage Title. But try to get more from what they offer. At least to the amount of the purchase price when you bought it. The most I can see that needs replacement are the hood/bonnet, bumper, right and left fenders. And maybe some other frontal damage that are behind the shown damage. I do not think the frame are bent. I do see the air bags deployed. A very good body shop would be able to do wonders to the damage. We have a shop here in San Diego who is top notch.....Phil Thearle's. Hopefully you do have a shop some where in the 'T' area. In fact, a BMW dealer who has their own body shop would also be acceptable. BTW, try to save some body parts that you can since the body shop would be replacing new on some of them. Good luck with dealing with the insurance.

[danewilson77]

Send your insurance company (by FAX), all receipts of all maintenance performd on the car since buying. Mine reimbursed me (a %) for cooling system, suspension, brakes, vanos etc....that that I had performed only months before being rear ended.

I don't quite understand why this is your clain though. He wrecked your car. He is an insured driver, hence it should go through his insurnace, no?

[Hochspannung]

my car was in an accident that was similar damage when it was almost new. the damages were $11000, new hood, fenders, bumper, headlamps, rad, fan, and all the small stuff.. headlight washers, etc... my car still has a clean title though

[toddness]

Sorry to see this.

The following applies to you and anybody who is involved in an accident and needs to work with an insurance company:

I had a really interesting (and long) discussion with a body shop owner in Washington a year or two ago regarding accidents and insurance and claims. I'll have to research hard who this was, though I called him for a PPI on a car I was looking at, and he was so forthcoming, I could no longer consider the car I was interested, specifically due to his findings. He was referred to me by the lot selling the car too, almost funny.

Essentially what he was saying, in cases like yours, you would refuse to accept the claim and tell the insurance company you are going to sue them for damages, loss of use, and legal fees. Seemed like a bit of a scam, but the guy, (Jeff it turns out-see below) said it's the way to go. Not having a wrecked car, I didn't have to give it a go.

OK - I did some looking and determined I spoke to Jeff at Haury's Lake City Collision in Lake City, Washington. Attached is the link to the yelp review which mention both positive and negative results of his methods.

http://www.yelp.com/biz/haurys-lake-city-collision-seattle

I do think he'd give you the same information about the method, if you were to call, and he had available time. I wouldn't tell him you are in Tennessee, (and you'd want to be sure of the local laws), but I would call him and ask him to detail how he does this. If nothing else it would be an interesting conversation. My conversation with him has stuck in my head, and was the first thing I thought of when I read this post.

[danewilson77]

my car was in an accident that was similar damage when it was almost new. the damages were $11000, new hood, fenders, bumper, headlamps, rad, fan, and all the small stuff.. headlight washers, etc... my car still has a clean title though

Yours did not meet their definition of total loss...which is based on a % of damage to care value. USAA is 80%

Sent from Williamsburg, VA USA

[kakashi169]

Holy crap, im sorry to hear that. that sucks a lot. you should talk to you adjustor and explain to him how you babied it and your situation. maybe he will raise the price a bit.

if you ever part out, let me know. i would to take the rear bumper off you.

[Rock Nova]

Dane - I'm not having to go through my insurance. Claim is filed through the insurance of the girl who ran the stop sign.

I did call the guy back who I talked to earlier this morning and told him his values were unacceptable. I can't get close to a 79k mile zhp that is in similar condition to my own for the $14k he offered. I told him both KBB and NADA are significantly higher, and comparable cars on the market currently are priced $2-3k higher than his offer. I'm crossing my fingers he reconsiders his values.

[Meric]

Hi so sorry to hear this man. It really sucks. But I suggest dont keep the car. Even tho everything is fixed it will not be the same as it was used to something will be loose or not feel right. (I know it because i've seen alot of my friends who have done it) Good luck mate! :/

[Newjack]

An 05 with 77K it definitely worth more than 14K. I'm just assuming everything else (paint interior) was in good condition as well. I'm really not sure what to say.

I can't believe this situation. Best of luck.

[nk_zhp]

Consult as attorney in your state. It shouldn't cost you much to at least tell your story to a lawyer and get a quick opinion onto what your options are.

BTW, here's perfect replacement for you... http://enthusiastauto.com/qsearch/?id=4312&form_display=51

[Rock Nova]

Hi so sorry to hear this man. It really sucks. But I suggest dont keep the car. Even tho everything is fixed it will not be the same as it was used to something will be loose or not feel right. (I know it because i've seen alot of my friends who have done it) Good luck mate! :/

Thanks, Meric. I tend to think the same way. Something will always just be a little bit off and it will drive me crazy.


An 05 with 77K it definitely worth more than 14K. I'm just assuming everything else (paint interior) was in good condition as well. I'm really not sure what to say.

I can't believe this situation. Best of luck.

Paint and body was in good shape. Front bumper has some scapes on the very bottom and there was a ding here and there, but overall in good shape. Interior was damn near perfect.


Consult as attorney in your state. It shouldn't cost you much to at least tell your story to a lawyer and get a quick opinion onto what your options are.

BTW, here's perfect replacement for you... http://enthusiastauto.com/qsearch/?id=4312&form_display=51

I might have to if things don't get worked out to my liking. And I've eyed that same zhp, but $25k is a bit steep. I might as well get something with 98 more horsepower and two less doors for that price.

[Rock Nova]

Just an update - apparently, the guy I talked to this morning was from the shop's insurance company - not from the girl who ran the stop sign's company. The girl who was at fault's insurance company still hasn't determined liability because the guy from the shop won't answer their questions. So, I'm a little confused how the shop's insurance company could already have an offer for me, but the primary company involved has yet to determine liability. I'm supposed to hear back from them this afternoon.

[az3579]

Hi so sorry to hear this man. It really sucks. But I suggest dont keep the car. Even tho everything is fixed it will not be the same as it was used to something will be loose or not feel right. (I know it because i've seen alot of my friends who have done it) Good luck mate! :/

This. The car will never be the same. If you get the insurance company to give you exactly what you owe, you'd be really lucky; they usually skimp as much as they can. But, if they do give you what you owe, it is my opinion that you should pay off what you owe and buy another car. Once in a collision, the car will only be worse in the future; it'll never be the same.

[Rock Nova]

The plot thickens...I just heard back from the insurance adjuster from the girl's insurance (who supposedly ran a stop sign). Her insurance has determined the shop owner who hit her was at fault - saying by looking at the aerial view of the intersection and the location of the impact, even if she ran it, he should have seen the car coming (it is a big intersection at the entrance to a shopping mall). I think his dodging of her questions may have led to this in some way. She says he always tells her he doesn't have time for her to get some recorded statements about the accident or just doesn't answer - even when she calls during business hours. She asked about the values his insurance company offered me and said she thought the $14k was low too as she had $15k.

This should be interesting...

[Token]

sounds like your guy F-ed and didn't call the cops to determine fault.

+1 one on not keeping the car. we had a Tahoe that T-boned a minivan in a similar situation. It wasn't totaled but after the repairs it was never the same.

two more things...a family friend's son recently totaled their prius and the insurance company gave them almost $3k more that KBB value for the car. Maybe they were just lucky, but it doesn't seem right that they are shorting you by that much.

Also, you might want to talk to your own insurance company about the whole situation. Sometimes they will go after the other guy for you. Good luck with everything!

[Rock Nova]

sounds like your guy F-ed and didn't call the cops to determine fault.

+1 one on not keeping the car. we had a Tahoe that T-boned a minivan in a similar situation. It wasn't totaled but after the repairs it was never the same.

two more things...a family friend's son recently totaled their prius and the insurance company gave them almost $3k more that KBB value for the car. Maybe they were just lucky, but it doesn't seem right that they are shorting you by that much.

Also, you might want to talk to your own insurance company about the whole situation. Sometimes they will go after the other guy for you. Good luck with everything!

No, the police were called. It even said in the police report that the other car ran the stop sign or "failure to yield right of way", but the insurance adjuster from the girl's company said that from where the impact occurred that he should have seen her coming if he was watching the road. Plus he told me he was doing 30mph when he hit her and that is a bit fast for that particular intersection.

About contacting my insurance company, I had been trying to leave them out of it. But if they would be more willing to go to bat for me, then I might have to get them involved. I plan on talking to my agent tomorrow to see what he thinks.

[Beau B]

Sorry to hear that..

As for the insurance company yes you can ask for more money.. it may just take a while.. I had a smilar problem when my E30 318is got hit by a drunk driver. Insurance totaled the car and tried to offer me $2500 for it. After about 4 more months of me calling and fighting with his insurance company I ended up getting $5800. What I had to do was find cars for sale that were in similar condition etc. to prove the price they were going for. Good luck and sorry to hear about your car.

Beau

[SC4ME]

First, that really sucks. A great car gone. Luckily no one was hurt.

As for one of your questions, yes you can negotiate with insurance companies. When my previous car was totaled on the freeway (18yo girl in a Ram 2500 pickup rear-ended me - bent entire frame so the doors wouldnt shut without hitting!) the initial value they told me was very low. I complained and pointed out many recent expenditures (new tires about 3month prior, car was in excellent shape inside and out, et). I was able to get them to raise it by $1,500 (from 7k to 8.5k for a Passat) which was actually around 20% or so. So there is room to negotiate.

That being said, it appears that there is more to the story. In a way, you are in the best possible situation as long as you dont sign away any rights until you are satisfied. The repair shop owes you a ZHP in as good condition as what you drove in, or a reasonable value (not what an insurance agent would estimate but what a court of law would value). The insurance companies should be between the indy shop dude and the lady that ran the light. You have nothing to do with that and should not be involved in any way. That is between the shop and her. You need to worry about the shop giving you what your contract specifies, a car!

BTW, I am not a lawyer nor did I stay at a Holiday Inn last night! But seriously, do not agree to or sign anything unless you are 100% satisfied. You should not be out anything as you did nothing. Zero. The shop is the one with liability. dont forget that.

Cheers and best of luck!!!!

[johnrando]

Sorry to hear! I didn't read all the thread but absolutely you can contest the value. Get quotes from similar cars that show yours is worth more. As Dane said, show all the maintenance records, etc. Have pictures of your cars showing the condition. Take all that in (or email) and negotiate the heck out of it... telling them you won't settle for less. If you don't settle, I believe the next step is court to get a settlement, and insurance companies don't want to waste time/money to do that. So, bring supportive evidence, stay strong, and you'll get more money. They are counting on you being uninformed and folding. It's not that they aren't paying you value for your car, you just have to show them what the value is.

[WOLFN8TR]

Consult as attorney in your state. It shouldn't cost you much to at least tell your story to a lawyer and get a quick opinion onto what your options are.

BTW, here's perfect replacement for you... http://enthusiastauto.com/qsearch/?id=4312&form_display=51

Wow an 2004 with 21,000! Nice but $25,000! A bit steep.

I personally would sue the shop that took your ZHP for a joy ride. Think about it for a moment, if that was you and you were not at fault wouldn't you at least cooperate with the insurance company to get the customers car taken care of you just totalled? Avoiding phone calls or saying your too busy shows guilt.

Good Luck...

Bayerische-Motoren-Werke

[Go Horns!]

My boss got in a wreck, other driver's fault. He had to show the insurance company cars for sale on autotrader to get hem to up their offer, but the insurance company will cave. The cost of them getting a lawyer is not worth the extra money. Find acceptable replacement cars and send the insurance company the ad. You are not negotiating, you are making a demand. They will cave.

If you sue the repair shop, his insurance company most likely has a duty to defend the lawsuit. That is why they will cave on your demand. The insurance company can act all high and mighty, but they don't want to pay for a lawyer.

[Rock Nova]

I have sent his insurance company scanned copies of autotrader ads for similar cars - all with prices higher than what they were trying to give me - and many had more miles than my car. I have also sent them copies of KBB and NADA values - both showing way more than $14k. It will be interesting to see what they come back with.

I also plan on speaking with the owner of the shop who wrecked my car today. I plan on telling him that his insurance company has contacted me and their offers are completely unacceptable. If between the two of them, this is not made right, I plan on coming after one or both of them with an attorney. I'm not trying to profit off of this, but I just want to be able to get back in a similar car without having to come out of my pocket for it - since this was no fault of my own. But if I go the attorney route, I may try to make this sting a little more for him/them.

[BCS_ZHP]

Rock,
Terrible news and sorry to hear about the dilemma they've stuck you in.

On replacement, if a coupe would work for you, I'm contemplating selling my son's 2004 TIAG/black leather, 6 spd ZHP when he leaves for college in about a month. About 30K more miles than yours, some minor scrapes and dings, all maintenance up to date and overall the best running E46 or ZHP we've ever had in the stable. Because of how fine it runs, that's the part that still has me undecided on whether to keep it or not.
Bruce

[Blaster3500]

Sounds like a nightmare. Hopefully his insurance will step up and pay you for what the car is worth. I am curious to see the outcome of this. Good luck!

[apridge]

Unfortunately my family has been through this a few times in the last year (M5, X3, and Toyota Tacoma... yeah, bad year for us..). In my experience when I wrecked the M5, the insurance company came back to us with basically a midrange blue book offer on the cars current value, which was significantly less than we paid for the car. What really helped us fight for a better settlement was researching on our own -cars of the same condition and mileage, and sending them into the insurance company. All to many times the insurance companies will offer you the bare minimum for the car without taking into consideration its upgrades and options. The M5 had the upgraded butterscotch leather package, which was ignored in the first offer, which made a big difference in the outcome. We also sent in receipts for recent repairs and money put into the car. We ended up getting a much better offer, and they even paid for all four Michelin tires we had put on the previous week.

My point, you can definitely work with the insurance companies. Send them a handful of cars currently for sell that are as close to yours as possible. Get them receipts of repairs you've done recently, and they should adjust their offer. The only advise I'd give you when trying to reason with them is to be patient. It took forever for us to come to an agreement, and to finally get the settlement. About 2 months of emailing back and forth.

Good luck, and I'm sorry to see such a beautiful machine in that condition.

[Rock Nova]

I heard back from his insurance company again today with their revised offer. They went up a whopping $700! Now we are up to $14,8XX. I told them that is still too low and asked for what options and packages they are including in their valuation. He said he didn't have that information in front of him, but that it did include the "sports package". To which I further explained there is a sport package and then there is a performance package which is a step above the regular sports package. He said he will contact his field guy that supposedly determined the options, packages, etc.

[johnrando]

I heard back from his insurance company again today with their revised offer. They went up a whopping $700! Now we are up to $14,8XX. I told them that is still too low and asked for what options and packages they are including in their valuation. He said he didn't have that information in front of him, but that it did include the "sports package". To which I further explained there is a sport package and then there is a performance package which is a step above the regular sports package. He said he will contact his field guy that supposedly determined the options, packages, etc.

Rock On Rock Nova! You got it now, keep staying strong and they will come up again. Good call on making sure they knew the difference between the packages.

[wsmeyer]

Just an update - apparently, the guy I talked to this morning was from the shop's insurance company - not from the girl who ran the stop sign's company. The girl who was at fault's insurance company still hasn't determined liability because the guy from the shop won't answer their questions. So, I'm a little confused how the shop's insurance company could already have an offer for me, but the primary company involved has yet to determine liability. I'm supposed to hear back from them this afternoon.

I think that's a pretty good indication that, at least in your state, the shop is held liable for the safe keeping of your vehicle. You should call your insurance company and find out. If that is the case I would be presenting your idea of value to the shop owner and explain that regardless of who cuts the check, if that's not the amount, you're going to sue the shop.

William.

[Rock Nova]

I think that's a pretty good indication that, at least in your state, the shop is held liable for the safe keeping of your vehicle. You should call your insurance company and find out. If that is the case I would be presenting your idea of value to the shop owner and explain that regardless of who cuts the check, if that's not the amount, you're going to sue the shop.

William.

I'm with you. He told me he would call me today. Well, he didn't. I believe that is the conversation we are going to have Monday. I expect a check for the real value of my car - not the value of a regular 330i or even a sport package 330i, but the value of a very clean, mechanically flawless, impeccably maintained, 79k mile, performance package 330i. If it looks like his insurance company is not going to honor that, then I will lawyer up and come get my money from him/his shop/his insurance company/his dog/whoever.

[wsmeyer]

I scrolled through again and it sounds like you'd be happy with 17k and they would give you 13k for repairs. The shop owner might be just as happy to put this behind and be willing to buy the car off you for the 4k difference. He can repair it, part it out whatever.

[Rock Nova]

I scrolled through again and it sounds like you'd be happy with 17k and they would give you 13k for repairs. The shop owner might be just as happy to put this behind and be willing to buy the car off you for the 4k difference. He can repair it, part it out whatever.

I would be happy if they gave me $16k for the car at this point. Although I think $16.5k would be more of a fair value of the car. I mean if I were buying the car right now, I would have no trouble paying $16.5k for it.

[az3579]

I would be happy if they gave me $16k for the car at this point. Although I think $16.5k would be more of a fair value of the car. I mean if I were buying the car right now, I would have no trouble paying $16.5k for it.

I'm pretty sure $16.5k is around what the actual value is. Hope you get it!

[otisdog]

I think it's crazy that the girl's insurance thinks that it's the mechanics fault...she's the one that blew the stop sign.
Good luck!

[Rock Nova]

Update - just got out of a heated exchange with the insurance adjuster. He is not budging past $14.8k for the car. I mentioned that he is still around $1k below kbb which is usually fairly conservative and almost $3k below NADA (which seems on the high side). I explained that I now have 9 months of a prepaid 3rd party warranty that is useless (which I calculated was still worth about $600). He said he didn't care that a warranty doesn't add value to the car. I asked him if he were choosing between two identical cars and only one had a warranty, which one would he choose? He didn't answer and just restated it doesn't make the car worth more.

I then asked to get set up with a rental and he said I can't get one since he already made a "fair" offer for the car. This is such bullsh*t.

[blablac]

So you are left with two options: use your current car insurance to fight them (and they will), or lawyer up.

Based on my short and only experience with a lawyer, go for the insurance company, make a claim through them. They will turn around and do the fighting for you, should put you in a rental car as well (depending on your contract).

[az3579]

So you are left with two options: use your current car insurance to fight them (and they will), or lawyer up.

Based on my short and only experience with a lawyer, go for the insurance company, make a claim through them. They will turn around and do the fighting for you, should put you in a rental car as well (depending on your contract).


And then his insurance goes up because he put a claim in. Insurance companies will shaft you whenever possible. Even though it's not his fault, his rates will still most likely go up.

[aurelius]

FWIW, post #51 here:

http://www.zhpmafia.com/forums/showthread.php?4089-A-Bit-of-Bad-News/page6



Plenty of ZHPs out there...

Indeed there are. Really nice '05 Blk/Nat Brown 6MT sedan @34k mi in Charlotte was on AT for about 15 mins yesterday. $18k.


I think it's crazy that the girl's insurance thinks that it's the mechanics fault...

Agreed. Something seems odd here if the shop owner isn't contesting that.

[Crestwood1001]

Just go after the shop owner, he should not have had the car in a situation where this would have happened, lawyer up and take him for what you can, call the BBB while your at it and hurt his business, a lawyer and that should make progress.

[Rock Nova]

I just spoke with the claims adjuster's supervisor. He said he is going to see what he can do. I'm not expecting much to change as he is probably going to back his guy for the most part and maybe come up a little in his offer, but I'm not expecting a miracle. Depending on how this next conversation goes, I will be talking to the shop owner again. He has mentioned in passing that if his insurance doesn't come through that he will make it right. We'll see.

[Rock Nova]

So you are left with two options: use your current car insurance to fight them (and they will), or lawyer up.

Based on my short and only experience with a lawyer, go for the insurance company, make a claim through them. They will turn around and do the fighting for you, should put you in a rental car as well (depending on your contract).

I am trying to avoid involving my insurance for the very reason az3579 mentioned. I guess I will if I have to, but it is a bit further down the list of actions. I actually spoke with an attorney last week and he said to keep working them up if I can, because hiring them to go after the insurance company would cost me too much and end up in a worse situation in the end. He did say I could file a lawsuit against ALL involved parties as that would be the most sure way to get enough money, but it could take anywhere from 6 to 9 months to get in front of a judge.


And then his insurance goes up because he put a claim in. Insurance companies will shaft you whenever possible. Even though it's not his fault, his rates will still most likely go up.

This is precisely why I'm trying to leave my insurance company out of this. I have the same company for my home and autos and they are already putting a new roof on my house (hail). If I can avoid getting them involved in my car fiasco I will.

[Rock Nova]

FWIW, post #51 here:

http://www.zhpmafia.com/forums/showthread.php?4089-A-Bit-of-Bad-News/page6



Indeed there are. Really nice '05 Blk/Nat Brown 6MT sedan @34k mi in Charlotte was on AT for about 15 mins yesterday. $18k.



Agreed. Something seems odd here if the shop owner isn't contesting that.

I missed the black one on AT. I generally check it everyday - @ any distance. Although call me crazy but I'm being tempted by thoughts of a WRX or STi. (I know I know).

I too think it is a bit strange the shop owner doesn't seem terribly concerned about the liability being placed on him. Police report does say the girl ran the stop sign, but something does seem odd. Plus, my brother who is a police officer (and has seen MANY car accidents) questioned the guy's story as soon as he saw the damage to my car the day it happened. He said that something doesn't add up here.

[aurelius]

Just go after the shop owner, he should not have had the car in a situation where this would have happened...

There's actually a lot more potential liability for the shop if they don't test drive your car post-service. I remember seeing a wheel fly off a car at highway speed. Driver had just come from a tire shop. D'oh!

[aurelius]

So I just spoke with a friend who went thru something similar last year: she was not at-fault and the at-fault's ins co was low-baling. She went thru her ins co. They went to bat for her. It wasn't some special favor; presumably all of that is spelled out in your policy. Anyhow, it worked and she was ultimately able to get a much better settlement. This route was, ironically, recommended by the rep at the at-fault's ins co.

NOTE: you'll need to call your ins co either way in that you should not be paying to insure a car that has been damaged and is not in service. They should owe you a credit back to the date of the accident.

The friend in question took the settlement $$ and had her Land Rover fixed by an indie paint & body guy. She came out way ahead. One difference tho is she had title in-hand, therefore no issues with salvage title issuance.

EDIT: Where's the car now? If your '05 has AL xenon headlights, I call dibs...

[das boots]

Along this line...if you intend to salvage....I'll take the whole set of moldings....

[aurelius]

EDIT: Where's the car now? If your '05 has AL xenon headlights, I call dibs...

Speaking of...

Had the dog out last night and a neighbor's babysitter's car was parked on the street. Worst looking E46 I've seen. 325 sedan in terrible shape. But with AL xenons. So annoying. Wanted to "trade."

[Rock Nova]

So I just spoke with a friend who went thru something similar last year: she was not at-fault and the at-fault's ins co was low-baling. She went thru her ins co. They went to bat for her. It wasn't some special favor; presumably all of that is spelled out in your policy. Anyhow, it worked and she was ultimately able to get a much better settlement. This route was, ironically, recommended by the rep at the at-fault's ins co.

NOTE: you'll need to call your ins co either way in that you should not be paying to insure a car that has been damaged and is not in service. They should owe you a credit back to the date of the accident.

The friend in question took the settlement $$ and had her Land Rover fixed by an indie paint & body guy. She came out way ahead. One difference tho is she had title in-hand, therefore no issues with salvage title issuance.

EDIT: Where's the car now? If your '05 has AL xenon headlights, I call dibs...

I think the car is still at the towing yard. I haven't been by in a few weeks. But the headlights were ZKWs anyway. But I not going to have it repaired.

Going to my insurance is still on the table, but I want to first, see what the claims adjuster's supervisor can do for me (should get a call from him today). My next step would be to go to the shop owner for the difference of what his insurance gives me and what I want. My third possible course of action is to go to my insurance company.

[johnrando]

This "talk to the supervisor" feels like a sham. They'll up a little, but not to what you ask. Refuse the first offer from the supervisor too. Tell them it's not a "fair" offer as it's not the value of your car.

[aurelius]

I should have noted above: the advice to go thru your ins carrier comes from a lawyer who's well versed in this realm.

[das boots]

I think the car is still at the towing yard. I haven't been by in a few weeks. But the headlights were ZKWs anyway. But I not going to have it repaired.

Going to my insurance is still on the table, but I want to first, see what the claims adjuster's supervisor can do for me (should get a call from him today). My next step would be to go to the shop owner for the difference of what his insurance gives me and what I want. My third possible course of action is to go to my insurance company.

Would you be able to confirm if you have access to retrieve parts from the car? PM sent.

[Rock Nova]

Well, I took their latest offer today. They came up to kbb ($15.8k) and with the sales tax figure, I end up getting about $17.2k. But since they are actually valuing the car at $15.8k, I'm going to ask the shop owner to honor is suggestion that he would make up the difference if I am not happy.

[Hornung418]

Great outcome! Hope to see you back in a ZHP.

[wsmeyer]

I know it's not all you wanted but at least it's behind you and you can start looking for a new ZHP!

[az3579]

Wow. So with the salex tax figure, you're back to pretty much being able to pay off what you owe, right?

[Rock Nova]

Wow. So with the salex tax figure, you're back to pretty much being able to pay off what you owe, right?

With the sales tax figure I come out about $1k ahead.

[midlandtech]

With the sales tax figure I come out about $1k ahead.

That's great man, happy car hunting


~Steve
Sent from my iPhone using Tapatalk

[johnrando]

Way to hang tough! That's a victory for us all.

[webster]

congrats on the settlement. so...are you indeed looking for a replacement ZHP? or something else?

[Rock Nova]

congrats on the settlement. so...are you indeed looking for a replacement ZHP? or something else?

I think another ZHP is at the top of my list. I'm also being tempted by the thought of a WRX or STi. And I've even kicked around the idea of just getting something VERY cheap for a while to pay down some debt because it is likely I have a major financial hardship on the way (thanks wife).

[johnrando]

Congrats on the future financial hardship! lol

[Rock Nova]

Congrats on the future financial hardship! lol

Different kind of hardship. lol Definitely not another child. Most likely a divorce. I still have some hope it will be prevented, but I often think I should prepare for it by not spending much on a replacement for the zhp.

[johnrando]

Ah, thought it was a baby, sorry. I hope things work out for you.

[Rock Nova]

Ah, thought it was a baby, sorry. I hope things work out for you.

Thanks! No worries.

[midlandtech]

FYI if you have cash saved ie you bought a cheap car and tucked some money away and you then Get a divorce she is able to take half of the cash.... It's harder for her to take half of the car


~Steve
Sent from my iPhone using Tapatalk

[Rock Nova]

FYI if you have cash saved ie you bought a cheap car and tucked some money away and you then Get a divorce she is able to take half of the cash.... It's harder for her to take half of the car


Yeah, I figure I'll put every dime I get back into a replacement car. I may end up going with something cheap, just so it is paid off quickly and that will free up more money for inheriting my share of post-divorce debt. We sunk a pretty penny into repairs and upgrades to our house last summer (new windows, added a front porch and stacked stone to the front of the house) - all through debt - thinking we would be in this home for many years. (it was supposed to be our "forever home"). If she ends up filing then I'm stuck with my share of that crap for a while.

I'm a little afraid to get another car I love for fear of losing it (again) due to circumstances outside of my control (again).

[SC4ME]

holy thread resurrection! But I was just hit and had to find a body shop in San Diego. Did a search and found this thread with a great recommendation. But I also saw my own post from years ago, havent been here in eons but glad to see ya guys still active. For now, I have to fix my ZHP (i hope, maybe its totalled as their value is low now) and Im busy with a 55 Thunderbird resto-mod .

Cheers!

[johnrando]

holy thread resurrection! But I was just hit and had to find a body shop in San Diego. Did a search and found this thread with a great recommendation. But I also saw my own post from years ago, havent been here in eons but glad to see ya guys still active. For now, I have to fix my ZHP (i hope, maybe its totalled as their value is low now) and Im busy with a 55 Thunderbird resto-mod .

Cheers!

Oh no! Sux to hear. I know there is one in Huntington Beach that I and Hieu have used, A1 Body shop. I imagine JP Hermes may know one down there. GL with that and the T-bird.

[das boots]

I still think Phil Thearle's Autowerks does fantastic job (recommendation only. No attachment or paid by the company).

If they can do wonders to a E30 M3 to bring back from the grave (not mine) then that is top notch.