redsaab9000 asked:


Our 93 Saab was rear-ended and we did not get the other driver's insurance information. The bumper appeared intact, undamaged except for some scuff marks, though slightly shifted. What was damaged, however, was the gas tank which began leaking after the collission.

We contacted our insurance company to report the accident and file a claim; we wanted the gas tank replaced, and wanted the car checked for frame damage, or other non-visible damage.

The car was towed by the insurance company to their authorized repair center. The repair center prepared an initial estimate to replace the gas tank and do body work and painting to repair the car.

We told the insurance company no body work was needed, nor painting, and only the gas tank was required.

The insurance company insisted the car was damaged, and that it would be totaled due to the car's ~$2000 value, and the likelihood that further damage would be found once the bumper was removed.

We spoke to the adjuster who supposedly viewed the car, he stated that it appeared the rear-body panel was damaged behind the bumper assembly, and it was his opinion the car was a total loss.

Again, we protested, and told the adjuster the bumper didn't appear damaged to us, that they could deduct the cost of painting the bumper, etc., from the estimate, and just replace the gas tank.

This went on back and forth for a week, at least, until the adjuster agreed to install a used gas tank if further damage was found.

We agreed, the car was disassembled, and the body shop compiled a new estimate for a new rear bumper assembly, new gas tank (they would not install a used tank), painting, gas tank straps, fuel hose, etc…

This new estimate exceeded the value of the car and we were told the car was a total loss. Again, we protested and insisted that we didn't think the bumper was necessary, but that we found used parts totalling $465 shipped that would bring the repair cost to less than a total loss repair.

The insurance company refused and refused to allow us to repair the car ourselves (I am handy with cars). They also stated that even if we withdrew the claim, they would report the car as a total loss to the State of Florida and our title would be revoked.

We protested and they said that the car is a total loss, talk to us if you can find someone to repair the car cheaper with used parts. We contacted an independent saab mechanic and they said liability issues would prevent them from installing a used gas tank, and they recommended against having anyone do this.

At this point, we calculated the cost of purchasing another 93 Saab 9000, and it didn't make sense as we have invested over $5000 in our Saab over the last few years, including installing a brand new transmission. What made sense was buying a used Prius, and using the gas savings to compensate the interest.

So, we negotiated a final settlement with a total loss value plus we would keep the car and the salvage value was waived. We figured we could always repair the vehicle with salvage title, or sell it to someone else who wanted to replace the gas tank and bumper and have an otherwise excellent Saab.

We agreed to the settlement and were told we would receive fedexed paperwork the next day, and were told we only had a few days left on our rental car. That day we put a deposit on a used Prius as there were 15 buyers behind us, and received the car back from the auto body shop.

Over the weekend, while we awaited bank funds to finalize purchase, we inspected the Saab. There was no damage to the rear-body panel, and no damage to the inner portion of the bumper assembly. Further, the auto body shop had failed to return nuts and bolts, and had damaged the fuel feed line. We also learned in the State of Florida once the car is declared a total loss (over 80% of value), that it could not be repaired to be driven.

On Monday morning we picked up our Prius, finalizing payment, and contacted the insurance company to state that the body shop and adjuster had mis-represented damage and that we never received settlement paperwork.

We stated we were fine with the settlement, as long as the title would be corrected to a repairable title vs a certificate of destruction.

The insurance company said they would send an independent appraiser to verify damage and get back to us.

The independent appraiser arrived the next day and viewed damage. He stated there was no damage to the car other than the cracked gas tank (from force of impact), and that body shop had inflated damage.

His repair estimate, with used gas tank, was $498, $2 less than our deductible.

Insurance company wanted to deny claim. We protested, and claims person read file and realized the problem.

They have now withdrawn the settlement offer and are giving us three options:

1. repair car and waive deductible
2. total vehicle (minus deductible) and retain vehicle
3. total vehicle (minus deductible) and sell back the car at $800 salvage value.

What are our rights here? We fought for a month to convince the insurance company the auto body shop and adjuster were inflating damages. We were told the car would be totaled by State even if we withdrew claim. We were told we were running out of rental car days. We purchased a new car due to the position we were put in, plus stress of fighting insurance company for a month.

It's nice of the insurance company to fix the car and waive deductible, but we just spend $23K on a Prius plus $1500 tax and tag.

Naturally, they didn't force us to buy a Prius, but what do we deserve here?

Your thoughts, we just want a fair settlement.
I appreciate the responses… I'm not sure how I got what I asked for. All I asked for was for them to follow-thru on their settlement offer, but correct the damage estimate to $1200, the actual price to install a new gas tank ($498 estimate is for used gas tank that insurance company initially refused to install), so that I could have a salvage/driveable title, not a certificate of destruction which means the car cannot be repaired and titled (except in Kentucky perhaps, for Kentucky roads). That would leave me with $1900 which would cover the cost of me repairing vehicle myself, and taxes/title on the Prius, so I'm made whole. I agree, option A here is the best, provided they install a new gas tank by Dealer, and don't have one of their shops mess things up any further than they have already, but I still feel I deserve compensation for a month of phone calls, arguing, and tax/title on the Prius. I know states like Washington award triple-damages for bad faith ins.settlements

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lucyblue_1999 asked:


I was involved in an accident in which the insurance company deemed my car a total loss. I still owed captial one auto finance about 6,000 on it and I didn't have gap insurance. I elected to buy the car back from the insurance company for $600, but now I'm worried about Capital one trying to repossess the car, even though it's wrecked now. Will captial one reposess a vehicle which has been deemed a total loss? Will I get a salvage title from the insurance company automatically, or who do I need to contact to get that?

atlanta salvage