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Before you go in with guns blazing and lawyers...
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Posted by turrbo [Email] (#8) [Profile/Gallery] (more from turrbo) on Tue, 14 Mar 2006 22:05:07 Share Post by Email
In Reply to: Insurance wants to total, I want it fixed; rights?, LJB, Tue, 14 Mar 2006 21:35:33
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Try negotiating with them, using your 20 year status as bait.

Unfortunately, your car doesn't have much value to it, and when the bags and tensioners go off, it gets expensive. It's pretty much in the "contract" that you signed (or policy, whatever you want to call it) that if the cost of repairs exceeds the value of the car, it gets totalled. Legally, you don't really have a leg to stand on (unless CA law is different than MA or NH) just because you "don't want" them to total the car. You don't have much of a choice there.

What you could argue is that the car will be difficult to replace, that a 9000 in good condition is not too common, etc. If there was anything extraordinary about the car (mods, flawless condition, etc.) then you could bring that up too. Also offer to have the car fixed with used parts.

If the car was hit hard enough to shoot off the bags, there's probably some mechanical damage up front too. Two years ago, I struck a dog or coyote going about 35 mph. The bags didn't go off because the animal isn't solid enough, but there was almost $4,000 in damges up front including the intercooler, radiator, grille, AC condenser, foglights, spoiler, couple sensors and some more stuff I don't remember right now. It was a struggle to get them to pay up for all new OEM parts, but they did once they realized they'd be paying $35 a day for my rental until they paid for new parts! So the damages may be more than what you think, and usually adjustors stop tallying once the cost exceeds the value.

The best you might do in this situation is to get them to give you more to total it, and you can fix it with a salvage title. For a car this old, a salvage title isn't really bad, since the resale on it is pretty bad anyways. A salvage won't make a huge difference in that area.

What about going through the other car's insurance? If it was the other driver's fault, you'd have more leverage and be able to claim that their driver is at fault and you shouldn't have to suffer.

Good Luck!
_______________________________________
¯_(ツ)_/¯

-turrbo

My babies:

1995 9000 Super CS
2001 9-3 SE Convertible (gone but still in the family)
2004 9-3 Aero Convertible (sold but in good hands)
2007 9-3 Aero SS
2008 9-3 Aero Convertible
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