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If my car was totaled and not my fault, can I get more than the blue book value?

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maiden
Whoa!

Member since 5/08

1814 total posts

Name:
T

If my car was totaled and not my fault, can I get more than the blue book value?

DH was sitting at a red light and a car smashed into him from behind by a Lexus. Thankfully he is not hurt, but our car is considered a total loss. It was a perfectly good 2003 SUV and we needed it to last a few more years. The adjuster of the Lexus's insurnace company said our car is a total loss, but the amount we will get for the car is not enough to get us another reliable car. We do not know anything about cars, so its not like we can fix something up or know what a good, safe, old used car is. We need a safe, reliable car that my 1.5 year old daughter can ride in. I feel like the Lexus's insurance company should help us pay for a car that we know is reliable, since it was completely the other car's fault. We need help paying for a reliable car and this accident really hurt our life financially, even though it is not DH's fault at all.

Is there a way to get more than just the blue book value of the car if the accident was not our fault?

Posted 12/12/10 8:57 PM
 
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THUMPER
LIF Adolescent

Member since 5/05

509 total posts

Name:
Laurie

Re: If my car was totaled and not my fault, can I get more than the blue book value?

I think they only will give book value. Not sure if you can sue driver personally.

Posted 12/12/10 9:04 PM
 

dottiemchugh
<3

Member since 5/05

8261 total posts

Name:

Re: If my car was totaled and not my fault, can I get more than the blue book value?

They will only pay what the vehicle is worth based upon year, mileage, and condition. That is all they are obligated to do. I used to work in auto ins claims.

Posted 12/12/10 9:34 PM
 

DaniRella
Dream Walking...

Member since 11/06

11196 total posts

Name:
Danielle

Re: If my car was totaled and not my fault, can I get more than the blue book value?

we were pretty shocked - years ago, when vin got hit, they gave us about four/five grand more than what we thought we'd get based on the book value. we're still shocked lol.

Posted 12/12/10 9:35 PM
 

maiden
Whoa!

Member since 5/08

1814 total posts

Name:
T

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by DaniRella

we were pretty shocked - years ago, when vin got hit, they gave us about four/five grand more than what we thought we'd get based on the book value. we're still shocked lol.



Wow. Do you know why?

Posted 12/12/10 9:38 PM
 

LadyBugN2Buggies
<3

Member since 5/10

6691 total posts

Name:

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by maiden

Posted by DaniRella

we were pretty shocked - years ago, when vin got hit, they gave us about four/five grand more than what we thought we'd get based on the book value. we're still shocked lol.



Wow. Do you know why?



really?
what insurance company was it?
Chat Icon That's almost unheard of...do share!!

Posted 12/12/10 9:44 PM
 

ReddHeadd
LIF Infant

Member since 9/10

104 total posts

Name:
Jessica

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Being not at fault for an accident doesn't make your vehicle anymore valuable.

Posted 12/12/10 9:54 PM
 

ReddHeadd
LIF Infant

Member since 9/10

104 total posts

Name:
Jessica

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by THUMPER

I think they only will give book value. Not sure if you can sue driver personally.



You can only sue them if 1. They don't have insurance or 2. They don't have enough insurance to cover the damage of the car.

Posted 12/12/10 9:55 PM
 

MrsPJB2007
HOMEOWNERS!!!!!

Member since 7/06

11756 total posts

Name:
MJ

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by DaniRella

we were pretty shocked - years ago, when vin got hit, they gave us about four/five grand more than what we thought we'd get based on the book value. we're still shocked lol.




This just happened to a friend of mine. The book value of her car was $2400 in fair condition -- and they gave her $4300! I couldn't believe it. The accident wasn't her fault either.

Posted 12/12/10 9:55 PM
 

LSP2005
Bunny kisses are so cute!

Member since 5/05

14985 total posts

Name:
L

Re: If my car was totaled and not my fault, can I get more than the blue book value?

http://www.legalmatch.com/law-library/article/dealing-with-your-insurance-company-when-your-car-is-totaled.html This website had advice on how to counter the insurance company to get more $ when your car is totaled.

Posted 12/12/10 9:55 PM
 

SummerMom
My time to shine

Member since 6/07

4761 total posts

Name:

Re: If my car was totaled and not my fault, can I get more than the blue book value?

We had Geico and when our car was totaled, we got a little more than its worth too. I think it's because, since it was totaled, you couldn't tell the condition it was in. The car had had some cosmetic damage for years that I never got around to fixing, problems with the automatic mirrors, etc. But after it was totaled, it was one big mangled wreck. Geico gave us the Blue Book value for the best condition of our year, make, and model, even though it was more than we would have gotten had we sold it on our own.

Posted 12/13/10 12:00 AM
 

butterfly20
She's here

Member since 4/06

7041 total posts

Name:

Re: If my car was totaled and not my fault, can I get more than the blue book value?

their obligation is only to bring you back to pre-accident condition.

so they give you the value of the current vehicle. The idea you can find the same 2003 suv with similar mileage that someone else is selling. If the mileage is off then they just adjust the value based off it.

Posted 12/13/10 8:19 AM
 

METLove2008
LIF Adolescent

Member since 5/08

506 total posts

Name:
Ellie

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Geico gave us about 3k more then book value when our car was totaled. They told us it was because they pay fair market value not book value. They searched the area for cars that were for sale that were our make/model with comparable mileage (they even sent us the print out of all the cars for sale that they were using to estimate the value). So, even though book value was only 10k they gave us 13k because we wouldn't have been able to buy that same car for only 10k around here.

Posted 12/13/10 12:48 PM
 

MrsKS
Thank You St. Gerard.....

Member since 12/09

8306 total posts

Name:
Kerri

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by THUMPER

I think they only will give book value. Not sure if you can sue driver personally.



yes you can.
We did this.
But suing them personally really means suing their insurance.

What will first happen is the ins teams will evaluate the accident and determine percentage of fault. This will weigh heavily on how likely you can sue and win.

We were found 0% at fault and were able to sue and won. The only catch I think is... you need an injury.
So we got a payout for the car's book worth (which JUST covered the loan on the car) and then sued the lady who ran the stop sign for injuries my husband suffered (he was the driver) and won more money awared to DH.

Posted 12/13/10 1:02 PM
 

mrsboss
my little love

Member since 12/09

4214 total posts

Name:
Me

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by ReddHeadd

Being not at fault for an accident doesn't make your vehicle anymore valuable.



Exactly.

I work in insurance. You will get actual cash value for your vehicle. That value depends upon the pre-accident condition, unrelated prior damage, mileage, etc.

Most insurance companies use NADA.com, KBB, or CCC. The price they will refer to and use on those site is the 'clean retail value'.

You can always get an estimate written from your own company, and see what they would offer you. I can guarantee you it will be in the same ballpark, less your deductible.

Another avenue to pursue, is what's called a diminished value claim, but since your vehicle is totaled, this would not apply.

You can always file a bodily injury claim, where your husband could perhaps get a settlement for his 'injury', but as you said, he was not hurt. But that doesnt stop people from doing that anyway.

Posted 12/13/10 1:16 PM
 

Bridex100
Two Under Two Mommy

Member since 3/08

9075 total posts

Name:
Momx100

Re: If my car was totaled and not my fault, can I get more than the blue book value?

My car was totaled earlier this year and it was not my fault. I didn't get more than the value the insurance company put on it.

Our insurance company and the other insurance company valued the car around the same amount.

Message edited 12/13/2010 1:18:05 PM.

Posted 12/13/10 1:17 PM
 

dani731
Blessed!!!

Member since 1/08

3323 total posts

Name:
Dani

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by METLove2008

Geico gave us about 3k more then book value when our car was totaled. They told us it was because they pay fair market value not book value. They searched the area for cars that were for sale that were our make/model with comparable mileage (they even sent us the print out of all the cars for sale that they were using to estimate the value). So, even though book value was only 10k they gave us 13k because we wouldn't have been able to buy that same car for only 10k around here.



This is what happened each time some one in my family has totaled a car.

Posted 12/13/10 1:21 PM
 

DrMeg
Officially a CA girl

Member since 5/08

1552 total posts

Name:
Meg

Re: If my car was totaled and not my fault, can I get more than the blue book value?

When my car was totalled, Geico priced out used cars that were similarly specced to mine (same make, model, mileage, options, etc). They averaged those values and that is what I got.
I see it that they give you enough to go and buy the same car you currently own).
Being that your car is a bit older it might be hard for them to find a used one on a car lot. When this happened to me my car was only 3 years old.

Posted 12/13/10 1:57 PM
 

DGoldfarb0776
LIF Adolescent

Member since 4/08

767 total posts

Name:
Danielle

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Two years ago DH was in an accident that wasn't his fault- long story short we got back a bit more of the book value of the car because the car had a sunroof (that adds value in the end with the insurance company) and also less milage.

These both made a difference.
What we did just in case the insurance company was trying to not give us full value was look around and see if there are the same make and model car and get the price they are going for to use as a measuring stick for the value of your totaled car.

Posted 12/13/10 2:58 PM
 

Linda1003
love my 2 boys

Member since 8/08

10923 total posts

Name:
Linda

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by mrsboss

Posted by ReddHeadd

Being not at fault for an accident doesn't make your vehicle anymore valuable.



Exactly.

I work in insurance. You will get actual cash value for your vehicle. That value depends upon the pre-accident condition, unrelated prior damage, mileage, etc.

Most insurance companies use NADA.com, KBB, or CCC. The price they will refer to and use on those site is the 'clean retail value'.

You can always get an estimate written from your own company, and see what they would offer you. I can guarantee you it will be in the same ballpark, less your deductible.

Another avenue to pursue, is what's called a diminished value claim, but since your vehicle is totaled, this would not apply.

You can always file a bodily injury claim, where your husband could perhaps get a settlement for his 'injury', but as you said, he was not hurt. But that doesnt stop people from doing that anyway.

Im a claims manager and this is exactly correct.

Posted 12/13/10 3:21 PM
 

DaniRella
Dream Walking...

Member since 11/06

11196 total posts

Name:
Danielle

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Posted by speakthetruth

Posted by maiden

Posted by DaniRella

we were pretty shocked - years ago, when vin got hit, they gave us about four/five grand more than what we thought we'd get based on the book value. we're still shocked lol.



Wow. Do you know why?



really?
what insurance company was it?
Chat Icon That's almost unheard of...do share!!



LOL We were so thrilled we didn't want to question it! What if they then took it away?! Chat Icon At the time, my husband had State Farm Insurance. He was BANKING on getting a certain amount and when that check came in he was shocked and I thought his face hit the floor because it was way low -- and it turned out it was real high. He had a beautiful car too. I felt real bad when he was in the accident because a man clipped him, sent him into trees, totaling the car, and took off. Vin was found by the State Police out like a light. When they poked him he came to. He spent four days in the hospital. He was OK though - just bruising and he needed physical therapy for some nerve damage in his back. He still says he misses that car though - he got a great deal on it and it was fully loaded. Chat Icon I loved driving it too. This was hmmm four and a half five years ago?? About that - before we were married. I remember posting about it on LIW b/c I had been called at work about it and had to go to the hospital - I was so scared!

Posted 12/14/10 1:12 AM
 

maiden
Whoa!

Member since 5/08

1814 total posts

Name:
T

Re: If my car was totaled and not my fault, can I get more than the blue book value?

Thanks everyone. I understand about getting only the book value for the car, it just stinks because we had a great, reliable car and now we are being put in an uncomfortable financial situation through no fault of our own.

I do have another question though. We are being offered only 3 days for a rental car after the insurance company takes our car. Three days is not enough to shop around and buy a new car.

Can I somehow negotiate to get more than 3 days of a rental car?

Posted 12/14/10 11:39 PM
 
 

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