(no subject)

Christopher Ritchie critchie1 at hotmail.com
Wed Feb 7 14:04:20 EST 2001


Duane Hale wrote:

Any insurance 'experts' out there who can provide advice on my
battle with
State Farm and their policy of paying 'market value' for a
totalled '87 5TQ?


This is difficult.  The policy pays "actual cash value" (ACV) which is 
usually "market value".  The market is an average.  Everyone who makes a 
claim has an extraordinary car.  No one has an average car.  They are all 
perfect.  The average is a bell curve.  Some are higher, some lower.  So, 
you need to overcome their natural bias against your claim that your car was 
better than average, thus justifying a higher value.  First, be a pain in 
the ass.  Second, document and present your case in an organized fashion so 
as to impress them.  They are going by the "book".  Usually NADA, the blue 
book, etc..  Find all the "books" on the Internet.  Search the want ads for 
your car.  Copy all your receipts for parts and work on this car.  Any 
photos?  Print any and all of this stuff and send it to the insurance 
company.  The more, the better.  They do tend to pay by the pound (of file 
documentation).  Yes, you are stuffing the claims adjuster's file.

Finally, consider suing them.  What state are you in?  I am familar with 
Massachusetts consumer protection laws (c. 93A).  Most states have similar 
laws.  If a business is screwing a consumer, the consumer can sue the 
business for 3 times damages, plus costs, plus attorney's fees.  See what 
the Small Claims ceiling is for your state.  If you go this route, you need 
to send them a demand letter in specified form more than 30 days before you 
sue them.  Usually when you send the demand letter, they increase their 
offer.

Sorry, but the market does not think well of these cars.  They really aren't 
worth all that much.  Be realistic in your expectations of how far you can 
push them.  Good luck.
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