HELP! They're trying to take my car!
11-18-2010, 05:17 PM
#1
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HELP! They're trying to take my car!
Hey guys, I know my posts have been a little sporadic lately. Life has been a little crazy, but I really could use your advice.
On 11/1 I was coming down Rt 101, as I crossed over Horseblock rd I forgot about the hump in the intersection. The car became airborne, and I came down hard on the front end, snapping my axles etc. on impact. I lost control, spinning 180 into the outside lane and jumping a curb which led me to sliding backwards on the grass through some small bushes but miracously I did not hit a single tree. Majority of damage was done to the undercarriage with some light scruffs around the car from the bushes. Everything else remain untouched and I was able to walk away.
I use Allstate and I've always carried full coverage on my car even once it was paid off. Its an 2005 with 65,000 mi.
I have the car towed to my body shop and the adjuster comes down, my mechanic and him go over the car and even though the adjuster is made aware of everything that the car would need, he grossly underestimates the damages but gives the ok for the bodyshop to begin repairs on how they see fit. Everything was going great and the car has been coming along perfectly with high hopes that I would be able to take him home soon in the immaculate condition that he was in before all this started.
Today I receive a phone call from the bodyshop, the car is 75% complete, all parts have been put in and the car was preparing for the respray. Apparently the adjuster came down to reevaluate the car and the figures of course were much higher then the original estimate the adjuster had put in. He has now ordered my bodyshop to stop repairs due to the likely circumstance that Allstate will total out my car. I was livid, how can they do this after so much work has been completed? I call up the adjuster to find out whats going on, he tells me that its a 99% chance the car is now going to be totaled out once he speaks to his manager and that it's a New York state law that they have if the car has taken damage costs equaling to 75% if what its worth. So basically after he tells me I have no say in any of this, I ask him what happens to the car now that all the work has been put into it. This was his exact words, " Of course we will then take the car and place it into auction"
WHAATTT, this is my baby......I'm the original owner. Can they really do this? Is there anything I can do?
I have quite a bit of money invested into the car as well and he's basically telling me that I wouldn't have any rights to the parts but he'd "allow" me come down and remove all my stereo equipment. Things such as the exhaust and other parts would have to remain on the car (I have all my OEM parts).
I really don't understand, not only would they have to pay me the value of my car but they also have to pay my body shop for the work thus far. That's way beyond what it would cost them to just let my body shop finish the work....
Has anyone been in this situation? Any advice will help. Thank you.
On 11/1 I was coming down Rt 101, as I crossed over Horseblock rd I forgot about the hump in the intersection. The car became airborne, and I came down hard on the front end, snapping my axles etc. on impact. I lost control, spinning 180 into the outside lane and jumping a curb which led me to sliding backwards on the grass through some small bushes but miracously I did not hit a single tree. Majority of damage was done to the undercarriage with some light scruffs around the car from the bushes. Everything else remain untouched and I was able to walk away.
I use Allstate and I've always carried full coverage on my car even once it was paid off. Its an 2005 with 65,000 mi.
I have the car towed to my body shop and the adjuster comes down, my mechanic and him go over the car and even though the adjuster is made aware of everything that the car would need, he grossly underestimates the damages but gives the ok for the bodyshop to begin repairs on how they see fit. Everything was going great and the car has been coming along perfectly with high hopes that I would be able to take him home soon in the immaculate condition that he was in before all this started.
Today I receive a phone call from the bodyshop, the car is 75% complete, all parts have been put in and the car was preparing for the respray. Apparently the adjuster came down to reevaluate the car and the figures of course were much higher then the original estimate the adjuster had put in. He has now ordered my bodyshop to stop repairs due to the likely circumstance that Allstate will total out my car. I was livid, how can they do this after so much work has been completed? I call up the adjuster to find out whats going on, he tells me that its a 99% chance the car is now going to be totaled out once he speaks to his manager and that it's a New York state law that they have if the car has taken damage costs equaling to 75% if what its worth. So basically after he tells me I have no say in any of this, I ask him what happens to the car now that all the work has been put into it. This was his exact words, " Of course we will then take the car and place it into auction"
WHAATTT, this is my baby......I'm the original owner. Can they really do this? Is there anything I can do?
I have quite a bit of money invested into the car as well and he's basically telling me that I wouldn't have any rights to the parts but he'd "allow" me come down and remove all my stereo equipment. Things such as the exhaust and other parts would have to remain on the car (I have all my OEM parts).
I really don't understand, not only would they have to pay me the value of my car but they also have to pay my body shop for the work thus far. That's way beyond what it would cost them to just let my body shop finish the work....
Has anyone been in this situation? Any advice will help. Thank you.
11-18-2010, 05:22 PM
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You can offer to buy it back, however it will have a salvaged title. in this situation, if you really love the car, you wouldnt mind it. On the bright side, there will still be money left from your insurance if you buy the car back and you can spend on some more upgrades 
11-18-2010, 05:31 PM
#4
What the body shop probably did was call the adjuster back to do a supplement. Which is a request for more money to do repairs beyond original estimate and was unforeseen prior.
You can buy your car back if they total it for a unspecified amount of money, you would have to work that out with the insurance company.
You can buy your car back if they total it for a unspecified amount of money, you would have to work that out with the insurance company.
11-18-2010, 05:41 PM
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Thanks guys, but will I have the option to buy it back from allstate or could they deny me?
They would have to pay the bodyshop for the repairs thus far, all thats left to be done was the respray.
They would have to pay the bodyshop for the repairs thus far, all thats left to be done was the respray.
11-18-2010, 05:50 PM
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I don't see any reason why they would deny you. Just try to call them and ask them what the buy back cost is. If agreed upon, they usually deduct it from the check they were suppose to send you. However, in this case, they might say that you have to pay the shop from your money since the buy back scheme is an as-is condition from the accident.
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11-19-2010, 05:35 AM
#9
I know it's your baby and all but with that kind of impact and damage, I don't know if I would want the car back. You're talking possible frame damage and any number of other things.
As for the parts, I would think as long as you could replace with OEM, it seems like BS that you wouldn't have a right to them.
As for the parts, I would think as long as you could replace with OEM, it seems like BS that you wouldn't have a right to them.
