Insurance help urgent!
 

Hey guys I need some help.

My fiance bought sarahs old fake wrx (White 1.6l fwd with full wrx kit including genuine sti wing, aftermarket rear lights, lowered springs, 17" rims, exhaust, we also added sti skirts and rear pods, pioneer touch screen dvd, apexi turbo timer, new speakers front and rear, pod filter, $800 worth of new 17" tyres which were only 3 days old and some other gear).

Now we've spent quite a bit on the car and bought it (with most the wrx kit) for $7000 and I'd rate the rest of the gear we have bought around atleast another $3000 worth.

On monday some guy rear ended the car on the freeway whole I was driving, the car is a write off and i dont have insurance but its ok because his insurance has to pay out.

Now the problem is that I have heard they dont take mods into account when paying out a write. The problem being a stock 93 1.6l fwd manual is valued at $4100 on all car value websites (which the insurance guys go off).

I have also heard that when they write a car off (which it is) anything that is on the car goes with it. Meaning my dvd player, her rims, sti kit, etc.

And all we get is $4100 which is nothing really more than what we could part the mods out for.

I mean really we want atleast $9000 minimum so we can buy another one or kit one up (not buying her a real wrx for her first car).

The problem is she has literally only paid her $8000 car loan off this week and hasnt even driven it yet because she gets her license next month!

Is there some way we can come to an agreement with the insurance place? Shouldn't they really give us a car that is the same or atleast buy her a stock car and let her transfer her gear onto it?

I mean at the moment it looks like we will be left with nothing, if we buy the wreck back they will want atleast $3000 considering all the gear in it leaving us with $1100 to find a new car, or we get $4100 and buy a stock lx. Either way She loses for something that wasn't her fault.

Any help on this matter would be great!

A question first. When you get finance on a car they normally force you
to get insurance. Did this not happen ? You said she just paid it off.

I see it this way...
If it is his fault, then he must pay what it costs to replace the vehicle in an "AS IS"
state when the accident occured. Normally this would not be an issue because
your insurance company would chase him (and his insurance) to fix it.
Because you do not know the traps etc, his insurance company will do whatever
they can to get you to "agree" to a different settlement.
Note that this all hinges on it being HIS fault and the police report reflecting this.

Get several quote to replace the car (including all mods) back to the way it
was. If the insurance company won't budge then you will need to take them
to court, or take civil action against the driver to recover your vehicle and
costs. As you can imagine, this takes money. His insurance company knows
this and will use it against you. It may be worth contacting the
insurance ombudsman and putting the question to them.

I know someone who hit a nice merc. He did not have insurance to pay so the
merc owner took civil action and sued him for the car, and for his lost income.
It very nearly sent this guy bankrupt.

The only way you will see your full money is.
* Present insurance company with quotes for new car with mods back
to "AS IS" and hope the insurance company is nice to you.
* You take civil action against the driver to recover costs to replace
the car.

DO NOT sign any form of agreement with the insurance company. They
are in the business of making money, and will try to trick, dupe, ignore
and every other trick in the book to avoid the FULL replacement value.

I am interested to see what other say about this. I am happy for others to
point out flaws in my thoughts.

NOTE: Keep in mind that this ALL requires a police report indicating that
the other driver was 100% at fault, and she did NOTHING to contribute
to the accident.

insurance
 

I think the previous post hit the nail on the head.

All i can say is goodluck, and i hope you are prepared for a lengthy fight with his insurance company.

not trying to insult you, but why didnt you at least get third party insuance?

Jim.

agree completely with fobz, considering its not your own insurance paying the claim and providing (as previously mentioned) the police deem it to be the fault of the other party, it would be my belief that their insurance would be liable to replace the vehicle to an equivalent or payout a value which represents its condition (including modification) at the time of the incident.

I can't see how they could pay a 'basic market value' on a vehicle for which they are not the insurers, in my opinion, they have no choice but to pay the full figure of its value in the condition prior to the accident.

I would definitely be sourcing a minimum of three quotes which represent the FULL value of the car in its modified condition.

Insurance conmpanies can be tricky bastards so make sure you have all your facts along with documented proof of modification cost before agreeing to anything.

Furthermore, I would probably even go down the road of paying a couple of hundred bucks and seeking the advice of a solicitor before taking it further, but get those quotes first, because the solicitor will only ask for them anyway.

Josh

Mate call this guy and he can help you out, put it all in writing and you can use him in a court of law if need be.

R.W. Morley and Assoc
Motor vehicle consultants & Valuers, Buyers Agent
ABN 53 174 680 683
PH: 92063312
Mobile: 0418912171

I think it was about $80 when i used him to do my car, You will not be able to claim that $80 back on insurance either.

[QUOTE=Jim621]I think the previous post hit the nail on the head.

All i can say is goodluck, and i hope you are prepared for a lengthy fight with his insurance company.

not trying to insult you, but why didnt you at least get third party insuance?

Jim.[/QUOTE]

The way I have always seen it is that insurance companies are a scam (and this so far hasn't proved me wrong" I always felt like i was paying for nothing and since I am under 25 I am paying alot for nothing, even third party.
As long as i pay attention (unlike most drivers in Perth it would seem) and dont hit anyone I am fine.

Thats what I thought, untill this happened.

Anyway I will call that bloke.

Would it be worth removing parts of the car or leave everything as is?

$4000-$8000 is not a small amount of money and i think you'd be nuts not to get some real legal advise as others reccomended. Or you will get screwed!

The other guys insurance compay wont re-po the car untill you have a final agreement. When you do agree, if you only $4K payout for a base model with no mods. Then thats all the insurance company are entitled to.

Pull out ya sterio/dvd player etc. Mate strip the bloody car! swap the mags for the shittiest base wheels you can find, debadge it, sell the glove box to a wrecker! lol

My honda got rear ended a month after i reduced the amount it was insured for. They wouldnt pay me for my mags and sterio. So i poulled them off. I even let the insurance company know thats what i was going to do and they said that was fine.

They lost out big time on that one. and now I drive my WRX!

Depending on your insurance company will depend how difficault they'll be with a case like this. What i've been told and learnt in the past that if you don't like a decision an insurance company has made you can contest that. Good luck with it and hope you get what you want.

[QUOTE=doadrift]pioneer touch screen dvd, [B]apexi turbo timer[/B] , new speakers front and rear[/QUOTE]

I'm curious to know why you would have a turbo timer on a non turbo car??? :confused:

If it turns turn to shit and you need to strip it, ive got some 14 inch gx steelies.
Send us a pm if you need em.

[QUOTE=doadrift]As long as i pay attention (unlike most drivers in Perth it would seem) and dont hit anyone I am fine.[/QUOTE]

It scares me more that people think this is an ok attitude. If you can't afford the insurance, you can't afford the car.