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Pete

Not at fault accident and car is totaled.

12 posts in this topic

I was hit in the back by a careless driver and my car was totaled. Their insurance company offered me the actual cash value plus tax and registration as a settlement for property damage. I haven't accepted their check as yet. When I shop for another used car, reputable dealers all seem to want  "dealer fee" in addition to the price of the vehicle. Can I recover the actual dealer fee from the insurance company as well?

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You are free to try and negotiate anything your heart desires.  This includes with the insurance company and the dealers.

 

I haven't paid that fee on a car or motorcycle in well over a decade. You just have to be willing to walk away.

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You are entitled to the cost of repairing your car or your car's fair market value at the time of the accident, whichever is less.  Nothing more.  If you don't want to pay a "dealer fee" when you buy a new car, try to negotiate it away or don't buy your car from a dealer.

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I had full coverage on my vehicle. I was offered approximately the same money from my insurer and the other insurance company. The difference was that the other insurer wanted to total the car and take it from me. They would then sell it at auction or salvage it which effectively gives them a discount on  their cost. I took the check from my insurer which was for the cost of repairs and traded the car for a newer model. I got the dealer to eliminate the dealer fee and give me one drive-it-away price. The bottom line was very very nice and the check plus the trade-in offset my cost considerably. Now all that is left is the return of my deductible once the subrogation process has been completed.  The at-fault insurer shouldn't get a discount on their liabilities. That is a flaw in the law that needs to be corrected.

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There is nothing wrong with the law or the process. That's how it works. Your insurance chose to pay for your repairs. It could just as easily have paid you the ACV less your deductible, taken the car and sold or salvaged it.

 

 

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4 hours ago, Pete said:

The at-fault insurer shouldn't get a discount on their liabilities. That is a flaw in the law that needs to be corrected.

 

The insurer isn't at fault.

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adjusterjack, that is what I meant (if that's what it takes to get pg1067 to understand). And, yes, that's the way it works and that is what needs to be changed.  At fault drivers and their insurers should pay full price. No discount. Had I not had full coverage, I would have had to buy a replacement without the benefit of a trade-in. Or, if I opted to keep the car, I would have received less and be stuck with a car with a salvage title. Getting full value(plus tax, tag, and title costs) for my car worked in my favor this time because the car was still road worthy and I had some leverage when I negotiated with the dealer.

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3 hours ago, Pete said:

And, yes, that's the way it works and that is what needs to be changed

 

It isn't going to change.

 

3 hours ago, Pete said:

At fault drivers and their insurers should pay full price

 

They do pay full price, then they own your car and what they do with it is their business.

 

3 hours ago, Pete said:

I would have had to buy a replacement without the benefit of a trade-in. Or, if I opted to keep the car, I would have received less and be stuck with a car with a salvage title.

 

Right on both counts.

 

3 hours ago, Pete said:

Getting full value(plus tax, tag, and title costs) for my car worked in my favor this time

 

This time, yes. That your company paid the repair cost and let you keep the car was a gift.

 

 

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Pete, don't waste your time on this site. Adjusterjack and pg1067 simply come on her to antagonize people who think there might be helpful advice to be found. Instead these yahoos make wrong and  biased comments, seemingly for no other reason than than they find their jollies of their miserable existence in your misfortune (an accident).  Both were way off on what I had posted to the point of being offensive. Go somewhere else - this was a waste of my time.  I can now come back and post because I have the final outcome and its far from the "advice" they provided.  I am now going to logoff and never visit this site again... so go ahead and respond... I won't be reading it.

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On 9/15/2018 at 9:18 AM, Jeloman said:

Pete, don't waste your time on this site. Adjusterjack and pg1067 simply come on her to antagonize people who think there might be helpful advice to be found.

 

And by contrast, this "yahoo's" "advice" was incredibly useful....

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