My SHELBY got TOTALED

bouncer18

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moral of the story is....


Get cheap insurance before you get drunk and drive... ????


I dont see how she is paying any consiquence for her action....



my wife was at work one night... lady came in to get her hair cut (where she works) .. girls thought she may be drunk but couldnt do anything about it. Lady got in her car.. backed up into my wifes Lightning... 3 witness's saw her hit my wifes car and it actually moved the truck forward... no damage was noticed so my wife didnt do anything... her co worker got mad and called police and reported it... being that it was on provate property there was nothing they could do.. HOWEVER... they did go to the ladies house and waited in her driveway.. when she got there they did a DUI test and she failed...

the city told my wife to go get a damage report and asked her to be part of the Civial lawsuit they (the city) is filing against this woman in regards to her hitting my wifes truck via a 'Victums Impact Statement"


I would suggest seeing if the city is prosecuting her for the DUI and if so, get involved with them....




personal lawsuit is hte only way you will win.. its the american way anymore... Sounds to me like the mental anguish you are epxeriencing is overwhelming too... perhaps keeping a log of lost sleep would be helpful to recall this tramatic time in your life down the road.

lol.. play the gmae man.. play the game
 

Stripe Delete

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Lawyers usually wont help much on the settlement of the vehicle. They mainly like only the bodily injury side because there is more money on that end. You would probably have to pay a lawyer to push to get you the correct amount for your vehicle and it might end up costing you more in the end. If you have a lawyer helping you on the injury side I would request/demand him to help you with the settlemnet of your car as well.

What a pain in the ass.
 

FEARSNO1

KB Shelby, enough said
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ON D BIT said:
why is it all on your insurance to replace your car. i do believe there was a drunk lady involved in the incident. and with her being totally at fault she should be the one having her life turned upside down, paying for your new car! :idea: this is why your lawyer should still be hard at work on your case regardless of what your insurance will cover.

one other question will your insurance premiums go up because of they are paying for this debacle?


my insurance is paying because she had 10k coverage and i carried 100k coverage.

i agree she should be the one stressing over this and she could careless, i bet all she is worried about is her little ticket she got for OWI. my lawyer is at work on the case and will help me on the car if i need him too. my plan right now is to present my case on my research as to what the car is worth (which my insur. website says i am allowed to do and it be reevaluated) and see what happens. i have a deposit on a car although not the stripes i want it is a blue/white stripe car but i will have the white stripes taken off and painted back on tungsten. i called svt and they (Matt) was VERY helplful in trying to locate me a car but no tungsten stripe cars are available in the nation (well one in so.cal for 120k:rollseyes ) so that is my plan right now thanks for the support guys.
 

ON D BIT

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FEARSNO1 said:
my insurance is paying because she had 10k coverage and i carried 100k coverage.

i understand that. my point is two fold. you should not be penalized because you are the smart one. and if she had taken out a street signal costing the city 200k to repair with her current 10k insurance you can sure hell count on the city making her pay for damage that she caused!

your situation is no different, she should pay for your new car regardless if her insurance can or can not cover it! and she can as well, what are the assets she has in this business of hers? does she own a home? she needs to pay! otherwise she will do it again(drink and drive)!:bash:
 

FEARSNO1

KB Shelby, enough said
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i understand what your saying and agree 150% but easier said than done, i am not sure of her compete assets yet all that will come out in the lawsuit i have against her and hopefully i can recoupe my losses plus some, but as you all know if she has no money you can't get any money.
 

tw0scoops

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Sue either the driver of the car, or the insurance company. Insurance has to pay you for the current value of the car if it is totaled. No ifs ands or buts. Someone needs to pay.
 

ON D BIT

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FEARSNO1 said:
i understand what your saying and agree 150% but easier said than done, i am not sure of her compete assets yet all that will come out in the lawsuit i have against her and hopefully i can recoupe my losses plus some, but as you all know if she has no money you can't get any money.


i know it is(easier said than done). i just want to make sure you still have your lawyer on this. he/she should have her assets and the value of those assets by now. and to tell you the truth this should be the job of your insurance company. they should be going after her to recoupe thier losses. but they wont because as we know its a pain in the ass.

this is what i think will happen. your insurance will pay in full and do nothing else. in order to recoupe thier losses they will raise your premiums because its your claim filed against them!:bash: i wish you luck!
 
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Angel

aLL JaCkeD uP
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ON D BIT said:
i know it is(easier said than done). ......he/she should have her assets and the value of those assets by now. and to tell you the truth this should be the job of your insurance company. they should be going after her to recoupe thier losses. but they wont because as we know its a pain in the ass........


This is how it goes down in TX. She should pay the losses. To the Victim or to the Insurance Co.

A few more suggestions and experiances come to mind that my be helpful.

If towards the end of the Issue, the Ins and / or Lawyers do not work, then get all the evidence together, Character Statements and all, get brutal with it and present it all to the State. Had a Co-Worker do this back in 1998.

They may take the case as a Civil Suit and a Business Owner with any wits about them will settle out of Court or they will have no business left to run. Defamation and Pain and Suffering appeal to the State, albeit if the Drunk Driving in Public Domain does not.

Another venue is Reckless Endangerment and Terrorism. Since She had become aware of her perputration against you in her influenced state, and subsequently you were invoked with fear for your health and well being, then this is a possibility. Key in all of this of course, is maintaining stance, keeping the course with Professional Posture.

Glad to hear it is likely you are getting a new Shelby at least.
 

MachsFastr

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Sorry to hear of your loss. Maybe I missed it somewhere, but what happened to the girl? Arrested, hopitalized?
 

lizardbreath

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A) Make the bitch pay
2) Make the insurance pay for the TOTAL value of the car at MSRP
3) If neither pay sue both their asses
4) take out the motor and transmission before they take it away and claim that it must have fell out during the accident.
 

jcthorne

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FEARSNO1 said:
i have found another but the insur. only wants to give me 54k for mine and the new one is 59k so it is going to cost me 5k to get it, that really pisses me off too. since it wasn't my fault to begin with.

I would give this info to your claims adjuster and ask them to either buy the car or find you another one for the price they are willing to pay. If none are available at the price they are willing to settle for, then that is not market value. Perhaps they can negotiate with the selling dealer part of the way. If a car with the correct color stripes cannot be found, they need to be on the hook for the cost of a restripe package and labor to install as well. What about your mods? are you taking those off before they take the salvage car?
 

dcdoug

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I spoke with my insurance agent yesterday about a scenario like this. He used to be an adjuster and said if for some reason my car were to get stolen/totalled and I didn't feel i was getting a real offer of replacement value, I should go out and find 5 offers of Shelby's for sale and give it to the adjuster. He told me his job was to give a fair market price for the car and this would have led him to reconsider his valuation.
 

FEARSNO1

KB Shelby, enough said
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dcdoug said:
I spoke with my insurance agent yesterday about a scenario like this. He used to be an adjuster and said if for some reason my car were to get stolen/totalled and I didn't feel i was getting a real offer of replacement value, I should go out and find 5 offers of Shelby's for sale and give it to the adjuster. He told me his job was to give a fair market price for the car and this would have led him to reconsider his valuation.

i gave them 17 other cars for value and 4 blue cars that were available all over 60k and they still said that "you need to get on one of the lists of the dealers that we talked to and wait" and that "we are not paying extra for you to buy one now or for blue color" this is the value we are offering (52k)

so now it is tied up in a court battle, but i was able to go ahead and buy one but have yet to beable to go get it yet.
 

DAVESVT2000

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FEARSNO1 said:
i gave them 17 other cars for value and 4 blue cars that were available all over 60k and they still said that "you need to get on one of the lists of the dealers that we talked to and wait" and that "we are not paying extra for you to buy one now or for blue color" this is the value we are offering (52k)

That's bullsh*t :cuss: Your insurance should pay whatever they have to to make you whole, and go after her for the difference..

so now it is tied up in a court battle, but i was able to go ahead and buy one but have yet to beable to go get it yet.


What color did you get and how much out of your pocket to get it ?
 

dcdoug

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i gave them 17 other cars for value and 4 blue cars that were available all over 60k and they still said that "you need to get on one of the lists of the dealers that we talked to and wait" and that "we are not paying extra for you to buy one now or for blue color" this is the value we are offering (52k)

That's complete BS. I hope you get a nice settlement out of them in court. Who's your insurance company? Doesn't sound like one that you want to stay with.
 

jcthorne

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The insurance company owes you CURRENT market value, not what they think the value will be in 6 months after you wait for an unproven allocation unit to get built.

Its just very unfortunate that your insurance company is going to make you sue to get what the policy entitles you to recover.

You really need to let others know who your insurance company is so we can avoid them.
 

ROBSNAKE

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I was offered a red vert yesterday for 6 over. Beautiful but not my color and I think Id rather have a coupe. This conversation was non existant not too long ago. He had a chance to switch with another dealer but the switch wasnt what I wanted.
 

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