sidekickin Posted February 19, 2012 Author Share Posted February 19, 2012 Still fighting with the insurance company on the value of the car. I provided receipts to show it was well maintained. After getting the receipts, they raised the offer a whopping $100! At that point I told them that the car can sit for 2 years...that I am not signing anything until I am satisfied. So we will see what happens now. Quote Link to comment Share on other sites More sharing options...
edrach Posted February 19, 2012 Share Posted February 19, 2012 I spent some time looking at the rules/laws regarding insurance claims in Ohio. http://www.dmv.org/insurance/how-to-handle-a-disputed-car-insurance-claim.php is the best I found (I'm sure you have also). Ohio's regulations suck compared to Washington state; they seem to have been written by the insurance companies. I haven't found the actual code for what is covered yet, just a guideline of how to go about it. Very frustrating. Bottom line in any insurance claim is to be restored to where you were before the accident and the monetary settlement offered isn't anywhere close to getting you there. Maybe another approach is to have them find you a suitable replacement hatch (in comparable and running condition) and let you keep your old hatch for parts if needed. Quote Link to comment Share on other sites More sharing options...
edrach Posted February 19, 2012 Share Posted February 19, 2012 I finally made some headway in what the insurer is required to do under Ohio law. http://codes.ohio.gov/oac/3901-1-54 . Here's the important stuff: (6) In settlement of claimants’ automobile total losses on the basis of actual cash value or replacement of the automobile with another vehicle of like kind and quality, an insurer which elects to offer a replacement automobile shall: (a) Provide an automobile by the same manufacturer, of the same or newer year, of similar body style, with similar options and mileage as the claimant’s vehicle and in as good or better overall condition than the first party automobile prior to loss; ( Ensure that the automobile is available for inspection within a reasonable distance of the claimant’s residence; © Pay all applicable taxes, license fees, and other fees incident to transfer of evidence of ownership of the automobile at no cost to claimant other than any deductible provided in the policy; and (d) Document the offer of the replacement automobile and any rejection of the offer in the claim file. (7) In settlement of claimants’ automobile total losses on the basis of actual cash value or replacement of the automobile with another of like kind and quality, an insurer which elects to offer a cash settlement to claimant, shall base the offer upon the actual cost to purchase a comparable automobile less any applicable deductible amount contained in the policy, and/or deduction for betterment as contained in paragraph (H)(2) of this rule. The settlement value may be derived from: (a) The average cost of two or more comparable automobiles in the local market area if comparable automobiles are or were available to consumers within the last ninety days; or ( The average cost of two or more comparable automobiles in areas proximate to the local market area, including the closest in-state or out-of-state major metropolitan areas. If comparable automobiles are or were available to consumers within the last ninety days when comparable automobiles are not available pursuant to paragraph (H)(7)(a) of this rule; or © The average of two or more quotations obtained by the insurer from two or more licensed dealers located within the local market area if comparable automobiles are not available pursuant to paragraphs (H)(7)(a) and (H)(7)( ofthis rule; or (d) The cost as determined from a generally recognized used motor vehicle industry source such as: (i) An electronic database if the pertinent portions of the valuation documents generated by the database are provided by the insurer to the claimant upon request; or; (ii) A guidebook that is generally available to the general public if the insurer identifies the guidebook used as the basis for the cost to the claimant upon request; and (iii) to which appropriate adjustments for condition, mileage and major options are made and documented in the claim file. (e) Any method or source chosen as specified in paragraph (H)(7)(d) of this rule shall be used consistently over a period of time by the insurer. (f) If within thirty days of receipt by the claimant of a cash settlement for the total loss of an automobile, the claimant purchases a replacement automobile, the insurer shall reimburse the claimant for the applicable sales taxes incurred on account of the claimant’s purchase of the automobile, but not to exceed the amount that would have been payable by the claimant for sales taxes on the purchase of an automobile with a market value equal to the amount of the cash settlement. If the claimant purchase an automobile with a market value less than the amount of the cash settlement, the insurer shall reimburse only the actual amount of the applicable sales taxes on the purchased automobile. If the claimant cannot substantiate such purchase and the payment of such sales taxes by submission to the insurer of appropriate documentation within thirty-three days after receipt of the cash settlement, the insurer shall not be required to reimburse the claimant for such sales taxes. In lieu of reimbursement, the insurer may pay directly the applicable sales taxes to the claimant at the time of the cash settlement. An insurer that settles a total loss on a cash settlement basis must maintain in the claim file the documentation used to determine the loss. Such information shall be provided to the first party claimant upon request. An insurer shall notify the first party claimant of any rights to renegotiate the settlement if a comparable vehicle is not available for purchase within thirty-five days of receipt of the settlement. When an insurer elects to offer a replacement vehicle available to the claimant, the insurer shall provide all the details where such vehicle is available including the vehicle identification number. (g) An insurer that settles a total loss claim shall provide written notice to the claimant of the right to reimbursement of applicable sales tax as specified in paragraph (H)(7)(f) of this rule. The notice shall be issued to the claimant simultaneously with the conveyance of the settlement check to the claimant. If an insurer elects to pay the applicable sales taxes directly to the claimant at the time of the cash settlement in lieu of reimbursement as provided in paragraph (H)(7)(f) of this rule, the insurer is not required to provide written notice of the claimant’s right to sales tax reimbursement. (8) An insurer shall not require a claimant to travel an unreasonable distance to inspect a replacement automobile, to obtain a repair estimate, nor to have the automobile repaired at a specific repair shop. (9) An insurer shall provide notice to a claimant prior to termination of payment for automobile storage charges. The insurer shall document all actions taken pursuant to this paragraph in accordance with paragraph (D) of this rule. (10) An insurer shall include the first party claimant’s deductible, if any, in subrogation demands. The insurer shall share any subrogations recovery received on a proportionate basis with the first party claimant, unless the first party claimant’s deductible has been paid in advance or recovered. The insurer shall not deduct expenses from this amount except that an outside attorney or collection agency retained to collect such recovery may be paid a pro rata share of his expenses for collecting this amount. If you've already found this, sorry. But it's useful since it gives you an option of insisting that the insurance company finding you a replacement vehicle. Also, it gives you the right to insist on a settlement based on NADA, KBB or Edmonds. Lots to read, but important stuff for any of us filing a claim for our unusual, rare and hard to find Subarus. Quote Link to comment Share on other sites More sharing options...
Red92 Posted February 19, 2012 Share Posted February 19, 2012 Indeed. I argue with them that why is my premium based off my car being in retail condition, but when there's a claim, they dispute the value of my car? If my car isn't worth as much, then shouldn't my premiums be less? No kidding! Quote Link to comment Share on other sites More sharing options...
mickytrus Posted February 19, 2012 Share Posted February 19, 2012 Here's a story I went through..... with insurance companies....... First, It is important to know what is the name of the insurance company of the guy who it you, so you can determine.. the companies credibility..... for example........ one time I got rearended by State farm insurance........ It was a really pretty decent experience............ the Used the NADA guidelines for replacement value... and they also replaced a damaged bike rack and bike that were on the car........... ANother time I was not as lucky..... took four months to get my claim.... it was a small insurance company..... (can't remember the name) Just a no name back stabbing company....... THis is what they tried to pull........ They took local sales of the vehicle.... (private party sales mind you).... This should be Retail sales.......... the other thing they did is they compared it to two wheel drive vehicles...... Mine was 4wd.......... They have to provide to you how they derive at their determination of your cars value in writing........ so when they did this it was clear to me why they said my car was totaled and why they were gonna give me only 400 bucks.............. SO once I got by all their crap and the loser low life adjuster realized that he had lost..... he said, "hey mr.xxxx(me) I an not trying to screw you, I just want to complete processing this claim.......... AND that is when I chimed in and said, you want to complete it? here is how.... and 2800 bucks later....... I signed the check and it was settled............ SO THE MORAL OF THE STORY..... 1.) DONT agree on anything you don't like.... 2.) DONT sign a check for an amount you think is unfair.... Of course be reasonable... and support your argument with proof to substantiate why you should get what you are asking................ 3.)DONT keep the rental car longer that you need to. In fact if you don't need it don't take it..... they are worried when you can still get around with out your car.(this shows your indepence of the matter....... 4.) DO go by guidlines set on the sale of your Car.... NADA....... KBB......... I think KBB website doesn't go back as far as it used to..... 5.) ALSO.......... IF they are not in compliance with your demands.(and your are reasonable). ... SAY, "look, This car was in great shape (support documentation - receipts) I just had all this work done etc...... I WANT YOU TO FIND ME An exact REPLACEMENT OF THIS CAR which I find satisfactory. 6.) ALSO when a car is totaled....... and they pay you a claim....... you can buy it back..... probably at the scrap rate per pound in your area................. So just have all the facts straight...... (yours and their)...... write your conversations down that you have with them..... date them write down who you spoke to when you interface with them.............. and you will settle at your terms........ Quote Link to comment Share on other sites More sharing options...
edrach Posted February 19, 2012 Share Posted February 19, 2012 Mickytrus is right on; short and sweet. Reality is a little harder, but it can be done. You also have state law that indicates exactly what you are entitled to on a totalled car. One more thing; if they do give you a low ball check, DO NOT CASH IT even if they tell you it's a partial payment and more can be negotiated. The only check you should cash will be the last one you get with a satisfactory (to you) settlement amount. Quote Link to comment Share on other sites More sharing options...
sidekickin Posted February 20, 2012 Author Share Posted February 20, 2012 Thanks everyone. The insurance company I am dealing with is Allstate. I told the adjuster that I am in no hurry to settle this because I have other cars to drive. I could tell he didn't like me saying that. So right now the car is sitting here on my property with a tarp over it. They won't be pressuring me into a lawball settlement. I told the adjuster that I am not being unreasonable...that I just want to be made whole on this deal. Then he said it is unreasonable to ask for more than they are offering for "a rusty old car." That pissed me off big time. That's when I said the car can sit for 2 years if need be. Quote Link to comment Share on other sites More sharing options...
Cyfun Posted February 20, 2012 Share Posted February 20, 2012 Good work on researching your applicable laws. They hate that! Have you asked them about a rental car though? Pretty sure the law in all states requires you to receive a comparable rental car until they cut you a check, and you are entitled to compensation for loss of use until they do give you a car. Helps motivate them to not drag their feet. You might also want to get in touch with the state insurance commissioner's office. They specifically deal with insurance companies giving people the run-around. If you tell them your situation, they can tell you what your legal rights are. If the insurance company then refuses to abide by them, you can then file a complaint with the insurance commissioner and they will fight for you. In many states, if it comes down to arbitration and the insurance company loses, they have to award you TWICE what they owe you. Quote Link to comment Share on other sites More sharing options...
sidekickin Posted June 18, 2012 Author Share Posted June 18, 2012 Ok, it's been a few months since I posted any updates about my rear-end accident. Allstate is a pain in the butt to deal with. They absolutely would not negotiate with me. They gave me an offer and said to take it or go to court. After 6 months of bickering with them, I decided to just take their crappy offer to be done with the whole thing. So now the question is what I should do with the wrecked car. I have spent 6 months looking for a replacement. Everything I can find is either in awful shape or is WAY overpriced. I love these older Subarus but I am not going to pay 2 grand or more for a decent one. So my wrecked Subaru is either going to get parted out (if it makes financial sense) or it is going to the scrap yard for $225. For me to part it out, it would have to yield at least a few hundred dollars to make it worth it. What do you guys think about this? Thanks for your help. Quote Link to comment Share on other sites More sharing options...
turbosubarubrat Posted June 18, 2012 Share Posted June 18, 2012 i think it would be worth it because the doors on that are rare and i usually see them from 150-250 which is over priced for a door(they fit on brats and the hatches like yours but glass is different for the brats.) and the motor and tranny if there in good condition should be worth 250 easy but u need to find the right person to by it. i also fill your pain was watching a mint 1986 brat in columbia gorge in washington thinking of getting it and next time i saw it, it looked like this:banghead: tore it apart and used it for parts on my 1985 :cool: Quote Link to comment Share on other sites More sharing options...
BEECHBM69 Posted June 19, 2012 Share Posted June 19, 2012 Ok, it's been a few months since I posted any updates about my rear-end accident. Allstate is a pain in the butt to deal with. They absolutely would not negotiate with me. They gave me an offer and said to take it or go to court. After 6 months of bickering with them, I decided to just take their crappy offer to be done with the whole thing. So now the question is what I should do with the wrecked car. I have spent 6 months looking for a replacement. Everything I can find is either in awful shape or is WAY overpriced. I love these older Subarus but I am not going to pay 2 grand or more for a decent one. So my wrecked Subaru is either going to get parted out (if it makes financial sense) or it is going to the scrap yard for $225. For me to part it out, it would have to yield at least a few hundred dollars to make it worth it. What do you guys think about this? Thanks for your help. Sorry for your loss, but if you decide to part it out, I would gladly take the transmission off your hands. Dan Quote Link to comment Share on other sites More sharing options...
sidekickin Posted June 27, 2012 Author Share Posted June 27, 2012 (edited) It isn't a dual-range trans. It is a single-range 4 spd manual transmission, just to let you know. Still not sure what I should do with the car yet as far as scrapping vs parting out. I will at least cut the catalytic converter off and get money for that. And possibly remove the radiator and battery and scrap those separately. I also have a set of Peugeot 14" aluminum wheels I could scrap separately. The car also has factory Subaru 13" aluminum wheels which could be scrapped (only 5000 miles on the tires). Engine and trans are in great shape with fluids all changed regularly...180,000 miles on both...never needed any work done to either. I still start it up every couple of weeks and drive it around the property to keep it up and running. I would really like to part it out just because these parts are becoming more and more rare, and I know people could use the parts, BUT there are none of these vehicles left here in the rust belt. So to part it out, I would be doing it online and shipping would be cost a fortune for wheels, trans, engine, etc. There is absolutely ZERO demand for these parts here locally. And if I do part it out, most of the local scrap yards will only pay the $275 per ton if the car is "complete." I don't want to be left with a shell that I can't get rid of. Just some thoughts going through my head. Any thoughts or suggestions are welcome. Thanks! Edited June 27, 2012 by sidekickin Quote Link to comment Share on other sites More sharing options...
sidekickin Posted June 29, 2012 Author Share Posted June 29, 2012 I'm guessing the car is going to the crusher then. :-( Quote Link to comment Share on other sites More sharing options...
turbosubarubrat Posted June 30, 2012 Share Posted June 30, 2012 dude u know u can part it out and the rest of the car u can chop it up and put it in the back of your truck and scrap it:D but through away all non metal stuff thats left and u will get more money for it because its ready to be melted down Quote Link to comment Share on other sites More sharing options...
Cyfun Posted June 30, 2012 Share Posted June 30, 2012 dude u know u can part it out and the rest of the car u can chop it up and put it in the back of your truck and scrap it:D but through away all non metal stuff thats left and u will get more money for it because its ready to be melted down I second this idea. The scrap place will take anything metal, and you can probably still get at least $100 for the shell. I got $50 for a seized chevy small block, but of course it probably weighs more than your car. Quote Link to comment Share on other sites More sharing options...
cpreset Posted June 30, 2012 Share Posted June 30, 2012 man looking at this tread makes me sad i have an 85' the same color and i'd hate for that to happen to it sorry dude Quote Link to comment Share on other sites More sharing options...
turbosubarubrat Posted June 30, 2012 Share Posted June 30, 2012 (edited) hey my 85 brats the same color too:Dsad to see this one go also but it cant be worse than this 86 brat i tore apart a year ago in two months during the school year:D that thing was parked on the side of a high way in the gorge in oregon and some one hit going 60mph and went air born which made the brat go forward and hit another car while the person who hit the brat ran away bare foot and get tackled by cops, from that hit it twist the unibody so bad the right rear wheel well pinned the tire in and the front passenger wheel rubbed up against the wheel well plus it bent the bed so bad that it touched the drivers seat, it also tore part of the frame for the t-top and ripped the gasket in two. the tail gate took a hour to open with a 8 foot crow bar:horse:amazingly this beast was still driveable my dad drove it a 1/4 of a mile like that on are farm after picking it up for $350:grin: Edited June 30, 2012 by turbosubarubrat Quote Link to comment Share on other sites More sharing options...
cpreset Posted June 30, 2012 Share Posted June 30, 2012 that crash sounds like what happened to my parents in their 01' vw cabrio Quote Link to comment Share on other sites More sharing options...
sidekickin Posted July 6, 2012 Author Share Posted July 6, 2012 OK, I've decided that I'll try to part the car out. We'll see how it goes. The car is currently complete and runs great, but as you can see from the photo on page 1, it was rear ended. Rear glass is shattered, along with passenger side rear glass. Mechanically, the car is in great shape. No aftermarket mods. Have a set of 14" aluminum Peugeots also. Let me know if you want anything and I can give you a price and shipping costs. I've posted this in the USMB Classifieds also. Quote Link to comment Share on other sites More sharing options...
ShawnW Posted July 6, 2012 Share Posted July 6, 2012 I have a nice one here in Colorado. If you haven't settled with Insurance let me know maybe we can get them to pay my price for the car. Quote Link to comment Share on other sites More sharing options...
turbosubarubrat Posted July 6, 2012 Share Posted July 6, 2012 Ok, it's been a few months since I posted any updates about my rear-end accident. Allstate is a pain in the butt to deal with. They absolutely would not negotiate with me. They gave me an offer and said to take it or go to court. After 6 months of bickering with them, I decided to just take their crappy offer to be done with the whole thing. So now the question is what I should do with the wrecked car. I have spent 6 months looking for a replacement. Everything I can find is either in awful shape or is WAY overpriced. I love these older Subarus but I am not going to pay 2 grand or more for a decent one. So my wrecked Subaru is either going to get parted out (if it makes financial sense) or it is going to the scrap yard for $225. For me to part it out, it would have to yield at least a few hundred dollars to make it worth it. What do you guys think about this? Thanks for your help. shawn i think he all ready got paid the crappy offer:(, but i know how hard to find these things. the previous owner of the brat i tore apart got $3700 or $4500:headbang:and he only paid $2500 for it:D Quote Link to comment Share on other sites More sharing options...
sidekickin Posted July 6, 2012 Author Share Posted July 6, 2012 Yeah, I already got paid for it and it was a crappy offer. I got sick of fighting with them, which was probably their goal. :-( Quote Link to comment Share on other sites More sharing options...
ShawnW Posted July 6, 2012 Share Posted July 6, 2012 Did your insurance company offer to help discuss it with Allstate? Quote Link to comment Share on other sites More sharing options...
sidekickin Posted July 7, 2012 Author Share Posted July 7, 2012 No they sure didn't. Since I only had straight liability on the car, they didn't want to do anything to help. Quote Link to comment Share on other sites More sharing options...
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