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Re: screwed part deux..the insurance company's offer??./ salvagecert.???
From: "fender tweed":
<<Chris: I don't want to seem harsh, but did you really think you were buying
dollar for dollar coverage? No way; it's all subject to depreciation, and
the net question is, as you mention, does it increase the value of your car
to a willing buyer in an arms' length transaction. Mods like stereo, etc.,
generally have to be considered as things you do because they make you
happy. Rarely, if ever, will you get your initial outlay back, either at
sale time or when there's a loss.>>
I think that we are losing sight of the facts in Chris' case. The other
driver was at fault and he is dealing with the other drivers insurance
company. If this is correct, then all talk of depreciation and purchasing
agreed upon insurance is for the most part irrelevant. Chris has the legal
AND moral right to demand that his vehicle be replaced with an identically
equipped, like condition vehicle. You simply cannot, should not be able to
say, " I took you car away from you and I am going to give you something less
in return." Also remember that, in most U.S. States, that the insurance
company is simply the other guys "agent", in the sense that he represents
that person and that it is the INSURED party who is ultimately responsible.
This has two consequences, one that is applicable in Chris' case. First,
should the settlement exceed the limits of liability than you have to deal
with the insured to get the remainder. Second, if you cannot agree with the
other persons insurer you can go after the insured. I did this when a clown
took a turn too wide and totaled my VW Quantum. I had purchased the car three
months previous and had put a lot of bucks into it, they offered me far less
than that amount. It was also quite a bit below the going rate for similar
condition cars. I refused the insurance company settlement and filed a small
claims action. (The offer was $1100 and I had $2400 into it.) When the
insured got the notice, he pressured his insurance company to settle and they
did,
for $2400 plus sales tax.
John Katos
87 5ktq
Many Alfas