Re: Insurance Calls

[Dwight Varnes <mxbreed@lancnews.infi.net>]

Charles Schwartz wrote:
> 
> My advise is to NOT sign anything without consulting a lawyer.  You can bet
> 7-11 consulted their lawyer.  Also, if the cars smell weird in any way, try
> to get a new one.  I don't care how nice a car is, I would never buy a
> smelly one no matter how cheap.
> 
> But in my opinion this is really a matter of negotiation.  There really
> isn't any question that 7-11 is responsible for the incident.  The question
> is how savvy you and they will be in resolving this situation.  It is to
> good business to made you happy and avoid publicity and some possibly very
> costly legal fees.
> 
> My advice is to do some serious thinking about what has changed in your
> life, what this incident has so far and may eventually cost you.
> 
> Best of Luck,
> 
> Charles

I read the original post, but haven't followed the thread up until now, 
so if I'm a little out of context, I apologize.
Here is what you're entitled too, nothing more, nothing less: Your car 
returned to the condition it was in before the incident. If this cannot 
be accomplished, they should declare your car a total loss and pay you 
the market value for it prior to the incident. I always get a kick out of 
the statement "They should buy you a new car". They won't; it's not their 
responsibility. I hear this on a daily basis "You've got to find me 
another car just like this one!"  Nope, just have to pay you what one 
would likely cost you. 
You have two advantages...One, you are the claimant, and not the insured. 
This gives you more clout than if you, say, worked for 7-11. Second, they 
are probably self-insured, which usually means they are more flexible 
than the average big name company as far as bending the rules to make you 
happy.
Leave your lawyer out of it. All you'll do is spend more money than 
you'll probably get. Unless you were physically injured, a lawyer won't 
be a benefit. "Think about how your life has changed"...what the heck 
does that mean? Now you're afraid to pump your own gas? Your girlfriend 
won't ride in your car because it might explode? That's silly.
Remember, it's all about putting your car back to the way it was before. 
That's all.

Dwight Varnes
PA licensed auto damage appraiser
86 Coupe GT