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Thread: ZHP Down!! This sucks.

  1. #21
    Join Date
    Oct 2011
    Location
    Middle Tennessee
    Posts
    67
    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...

  2. #22
    Join Date
    May 2011
    Location
    California
    Posts
    41
    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!

  3. #23
    Join Date
    Oct 2011
    Location
    Middle Tennessee
    Posts
    67
    Quote Originally Posted by Token View Post
    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.

  4. #24
    Join Date
    Jun 2012
    Location
    Marysville OH
    Posts
    87
    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

  5. #25
    Join Date
    Jan 1970
    Location
    Poway, CA
    Posts
    280
    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!!!!



    Three pedal ZHP

  6. #26
    Join Date
    Jan 1970
    Location
    Southern California
    Posts
    16,976
    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.
    Randeaux/Rando/John/jr - '06 Cic ZHP; Southern California
    "ZHP or not, I still like you"


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  7. #27
    Join Date
    Aug 2011
    Location
    Las Vegas, NV
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    5,750
    Quote Originally Posted by nk_zhp View Post
    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/?i...orm_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...

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  8. #28
    Join Date
    Jan 2011
    Location
    Fort Worth
    Posts
    555
    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.

  9. #29
    Join Date
    Oct 2011
    Location
    Middle Tennessee
    Posts
    67
    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.

  10. #30
    Join Date
    Dec 2010
    Location
    Fairfax Station, VA
    Posts
    2,804
    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

    Bruce
    14 GMC Sierra - mine
    16 X5 M-Sport - wife
    11 M3 - 1st son
    05 Tundra - 2nd son
    17 X1 M-Sport - daughter

    Former (mo/yr sold):
    15 335xi M-Sport (8/18)
    11 335is (8/17)
    11 X5 AW/blk (11/15)
    04 330xi blk/gray (7/15)
    06 ZHP SGM/blk (6/15)
    08 335xi blue/blk (4/15)
    04 ZHPci MB/blk (2/14)
    04 ZHPcic IR/Alc (10/13)
    01 540iT anthra/blk (7/13)
    04 ZHPci TIAG/blk (9/12)
    03 540i M-Sport (9/12)
    01 325ci (3/12)
    02 325iT 5MT (10/11)
    05 ZHPci (7/11)
    03 330cic (2/11)
    00 323ci (10/10)

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