If she is not at fault the other persons insurance should compensate her, not hers.
Car totaled, need insurance question help
I need accident advice. I have never dealt with this before and since I have seen some pretty intelligent people on here, hopefully I will learn something and NOT blow up an insurance companies office! My girlfriend just recently (3 weeks) purchased and awesome used diesel Touareg. It wasnt easy to find one in her price range (under 30k) but she just recently got a great new position at a large Pharma co and she really wanted to drive something she enjoyed. She was thrilled with the car (as was I for the tuning capabilities and overall impressions of the vehicle). Saturday a woman made a blind left turn in front of her on a country rode immediately after a large RV had pulled out of a camping park. My girlfriends car was basically hidden by the rv coming out and the lady didnt see her. My gf was cruising along at a pretty good clip (55 mph ish) and WHAM plowed into the ladies right front end. Both parties were ok (thank god) but the car is probably totaled. The state trooper said since she was going straight my girlfriend was completely at no fault but we are waiting on the accident report. She will potentially be out a significant chunk of change that she put down to make her payments on the loan easier. How can she recoup this money? The insurance company says she only has half tort so she cant sue. WTF? Any help will be greatly appreciated. Its tough to swallow seeing her so upset about losing a 3 week old car ( to her) but I keep trying to tell her that car either saved her life or at least spared her major injury (NO damage to interior other than airbag deployment). Now the search is on for a similar low mileage TDI Touareg. Not easy to find!
1 - 8 of 8 Posts
I never heard the term "half tort". Whose insurance company is saying this?
Is this it?I never heard the term "half tort".
https://en.wikipedia.org/wiki/Full_tort_and_limited_tort_automobile_insurance
Since it is your vehicle, you tell them what you want for it, or tell them you want them to fix it. Ultimately, it's your vehicle and you get to make the decisions about it (within reason of course). Now, I'm not advocating fleecing your insurance company. But if you paid $20k for it, I would tell them to give you $20k or fix it. They don't want to fix it. I would also cite the relative dearth (lack) of TDI's out there - and scarcity drives up prices.
They don't want to pay any more than they have to. You want to get out of it what you put into it. There's a way to make it work, but it takes some dialogue and time. Be nice. Be firm. Tell them what your number is. Don't tell them why (they don't need to know that). Then make them meet your number.
Lastly, your hole card in all of this is vehicle value. Since you just bought it 3 weeks ago, it's hard to argue that the price you paid for it (and the number you are asking for) is out of whack with market prices. You are the market.
Good luck - it will be fine!
They don't want to pay any more than they have to. You want to get out of it what you put into it. There's a way to make it work, but it takes some dialogue and time. Be nice. Be firm. Tell them what your number is. Don't tell them why (they don't need to know that). Then make them meet your number.
Lastly, your hole card in all of this is vehicle value. Since you just bought it 3 weeks ago, it's hard to argue that the price you paid for it (and the number you are asking for) is out of whack with market prices. You are the market.
Good luck - it will be fine!
Well, if that is what "half tort" is, then it does not seem to apply to property damage (i.e., damage to her Touareg), especially if she is not at fault.
Her "loss" limitation will essentially be the fair market value of her Touareg before the accident. What she just paid for it may be an indication of FMV, but will not be conclusive of FMV.Since it is your vehicle, you tell them what you want for it, or tell them you want them to fix it.
* * *
Lastly, your hole card in all of this is vehicle value. Since you just bought it 3 weeks ago, it's hard to argue that the price you paid for it (and the number you are asking for) is out of whack with market prices. You are the market.
The way to win. (or at least do as well as you can)
0 ) Be nice, Be firm, and Be nice and firm.
1 ) Know What you want (Never tell them)
2 ) Make sure #1 is "reasonable" (Does not have to, "very reasonable" just not "unreasonable")
3 ) Ask what they are offering. (Above #1, accept, below #1 reject)
4 ) Ask how they arrived at the number. If there is anything vague (at all) ask how they arrived at that.
5 ) Never tell them what you want.
6 ) Don't accept their explanation, make them explain further.
7 ) If they raise their offer, ask for more explanation.
8 ) If they hold their offer ask to speak to someone higher up.
9 ) Just because they hit your number, you don't have to stop asking how they got there. (See #6, #7 and #8 )
10) Be nice, Be firm, and Be nice and firm!
0 ) Be nice, Be firm, and Be nice and firm.
1 ) Know What you want (Never tell them)
2 ) Make sure #1 is "reasonable" (Does not have to, "very reasonable" just not "unreasonable")
3 ) Ask what they are offering. (Above #1, accept, below #1 reject)
4 ) Ask how they arrived at the number. If there is anything vague (at all) ask how they arrived at that.
5 ) Never tell them what you want.
6 ) Don't accept their explanation, make them explain further.
7 ) If they raise their offer, ask for more explanation.
8 ) If they hold their offer ask to speak to someone higher up.
9 ) Just because they hit your number, you don't have to stop asking how they got there. (See #6, #7 and #8 )
10) Be nice, Be firm, and Be nice and firm!
1 - 8 of 8 Posts
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