Expert: Anne - 7/21/2008

Question
My toy car, a 2000 Jaguar convertiable, and I were envolved in a collision Friday, July 18.  Other driver was clearly at fault.  I was transported to the emergency room of a local hospital by county EMT.  Injuries do not appear permanent but at least temporarly painful.  Car was damaged to the extent that the other parties insurance will probably attempt to total it.  Assuming that there are no permanent injuries, I would expect to end up with a replacement auto no less acceptable than mine.  My concern is that I had spent the past 8 months, since purchase of the car, making it as near new as possible.  I have documentation of thousands of dollars of maintainence and repair costs.  My questions are: what do I need to do, or not do, to maximize any settlement on the car? and second, because I have many new parts, including $1200 of new tires, on the car, how do I negotiate retaining the car.

Answer
Hello Tom,

Well, you have several issues on this question. To negotiate, argue, and dispute a total loss, visit:
http://www.auto-insurance-claim-advice.com/totaling-a-vehicle.html
There are several tips there on how to increase your settlement.

You ask for a “replacement car.” Some states will only give you a replacement rental car if you show that you need one. You say this is your “toy car” which implies that you have other vehicles. Be careful how you express this to the insurance company or they will assume you have other cars at home and will not pay you for the loss of use. Some states differ on this, but you have to show that you “need” this car for them to give (or pay you) a rental car.
  
Also remember that some states only allow for “basic means of transportation”, so they might be able to pay you for a “small vehicle” or a “compact car” event though you had a Jaguar convertible. I know this is very unfair, but this is what they would be obligated to pay you.  

Visit the link above and double check that the insurance company is taking into account all the repairs and maintenance records. Insurance companies will not want to include any of your receipts and will argue that they do not have to. It will be an uphill battle but it comes down on how you negotiate your settlement.

I hope this helps
Anne
http://www.auto-insurance-claim-advice.com