[Vwdiesel] Keeping a totaled vehicle in IL - appeal to list wisdom

[Scott Kair]

> Under the topic of insurance recovery of a total loss
> vehicle, I submit the following (it's longish)...
>
> The short of it: my sister was in an accident (not her
> fault) and her car is likely to be totaled.  It is a
> 96 model year vehicle.  IL law (for "chop shop" crime
> prevention) says that a totaled car must be taken by
> the insurance company - i.e. can't keep it, even with
> a salvage title - if it's 8 or less model years old.


    Just got off the phone with our insurance agent's office, and the
requirement is statutory. She's been there quite awhile said the law has
been in effect for well over 5 years.  That makes it hard to dig up on the
state leg's website.

> Any thoughts on how to circumvent this (or at least
> delay it)?

    Might be something you could negotiate with the at-fault party's
insurance company.  I wouldn't just pillage it without discussing it with
them.  Don't trust them, though.


> At least we're friendly with the owner of the shop
> where the 96 Golf is sitting now.  I'm thinking of
> towing it to my house in the meantime while my sister
> negotiates with the other guy's insurance. <<

    Don't be surprised if the shop owner asks you to sign a "hold harmless"
agreement to protect himself from claims by the insurance company.



 > From what I've seen on the
> list, it's always better to be in a position where
> you're not in a rush for a settlement in order to
> properly recover your losses from an insurance
> company.<<

    Yup.  I've not tested the theory yet, but every time I see a 92 ECO on
ebay, I print and file the final sale price pages.  Might come in handy
negotiating the differential between market price and book value.
    Bear in mind, though, that litigation gets very expensive very quickly.

> Do these seem like plausible strategis for when the
> ins. co. declares the car worth $4500, repairs would
> be $7k - so they want to total it:
> 1)  Demand that we will fix the car, give us the max
> to repair it they allow (typ. 80% of the value of the
> car)
> 2) Take the $4500, but only if they allow us to remove
> the parts we want.  They can deduct from the salvage
> value of the car as appropriate (i.e. take a few
> hundred $$ off the settlement).  My sister winds up
> with $4200 or something.
>
> In the end, the "chop shop" crime is not an issue.
> The VIN/chassis will be scrapped.  This car won't be
> used to bring a valid title to a stolen car.

    Not sure whether it will work, but it doesn't hurt to try. It may be
worthwhile to discuss the matter with your own insurance agent.   (And let
the list know how it works.)


> Another thing that bugs me, what if someone running
> liability ins. only totals their <=8yr. old car?  The
> ins. co doesn't total it, because there was no
> comprehensive coverage.  The driver must dispose of
> the car on their own, too.  There is still the
> penchant for the chop-shop crime in this case.  This
> law smells like it's only purpose is to keep IL
> junkyards full of newer cars.

    It would seem to benefit car dealers quite a bit, too.

> Pardon my rant.  Maybe there's a useful forwarning in
> all of this for some on the list.  Seems like the same
> thing would apply to any titled vehicle in IL =<8yrs.
> old (motorcycle, motorhome, etc.).
>
> Regards,
> Karl in Johnsburg, IL

    Sorry I couldn't be much help on this one, but the law was news to me,
too.  It would be quite worthwhile to get a specific statute cited.  That
makes them
easier to find and read. Laws are often poorly written, and then filtered
through a bunch of lawyers of varying proficiency, then through corporate
execs of various competence before a summary lands on an insurance agent's
desk.
    Scott Kair