No fault Car accident - loss of use

[adjusterjack]

So, I am confused in that regard about Pennsylvania. they must have some other variation of no fault that still allows the at fault driver to be responsible for the tort of the non at fault parties vehicle.

Different strokes for different states. PA's no fault is for injuries. PA also allows consumers to opt out of no fault and buy full tort insurance. Property damage is full tort in PA.

Nolo has a good article about PA no-fault.

Pennsylvania No-Fault Car Insurance

 

[solo2013]

Just received revised CCC report Today. they are offering $3800 (including tax, fees) now. it shows 10 comparable vehicles with listed price and adjusted price. Why is it that adjusted price is lower than listed price. 7 out 10 are lower than listed price. some of them are below $1600. Also, it's not even same trim level.

I searched the local listing and found 8 cars with same Year make model and similar mileages. The average ACV was $4300-$4400.

Should I keep argue about it? Or just give up and accept the offer?

 

[VolAgent]

Just received revised CCC report Today. they are offering $3800 (including tax, fees) now. it shows 10 comparable vehicles with listed price and adjusted price. Why is it that adjusted price is lower than listed price. 7 out 10 are lower than listed price. some of them are below $1600. Also, it's not even same trim level.

I searched the local listing and found 8 cars with same Year make model and similar mileages. The average ACV was $4300-$4400.

Should I keep argue about it? Or just give up and accept the offer?

One of three things.

One, listed price is what it was listed for sale for and adjusted price is what it sold for. If so, then adjusted price is ACV. However, I would expect adjusted price to always be lower than listed price.

Two, listed price is what it sold for and adjusted price is their adjustment for trim level and condition. If most of the vehicles used were in better shape and/or had better trim levels, then I can see why they were adjusted down.

Three, it is a combination of the two. Listed price is what they were listed for sale at and adjusted price is what they sold for after adjusting for differences in trim and condition.

My bet is 3, but I'd have to see it to be sure.

You can continue to argue. If you want to be successful, you need to gather evidence of your own as to what your car was worth. Meaning you need to compile a list of 10 comparable vehicles and the actual sale price. You should also be prepared for adjustments based upon differences in condition.

Does the $4300 include tax, title and license? If so, then the difference is only $500. If not, then maybe $1,000? Only you can determine if it is worth the time and energy to fight. The better your evidence and reasoning, the more likely you are to get more.

 

[Allen Trent]

Different strokes for different states. PA's no fault is for injuries. PA also allows consumers to opt out of no fault and buy full tort insurance. Property damage is full tort in PA.

Nolo has a good article about PA no-fault.

Pennsylvania No-Fault Car Insurance

Great article. Seems like this could be a mess on collision claim. If I have collision on my car with my insurance carrier, it would seem like they would love for you to not file a claim with them & rather try to collect from the at-fault party. I am guessing if you buy Collision you must have a right to file with your own carrier & not have to chase the at fault party. So simple a Cave Man can do it & save you 10% in 15 minutes or less.........................

 

[VolAgent]

Great article. Seems like this could be a mess on collision claim. If I have collision on my car with my insurance carrier, it would seem like they would love for you to not file a claim with them & rather try to collect from the at-fault party. I am guessing if you buy Collision you must have a right to file with your own carrier & not have to chase the at fault party. So simple a Cave Man can do it & save you 10% in 15 minutes or less.........................

Yes, if you have collision, you can always file on your insurance. Collision covers upsetting the vehicle or collision with another object. It doesn't specify who collided with who or what upset the vehicle. As always, read the policy language for specifics.

As to why they'd prefer you file on the at-fault, simple. They aren't they paying to fix your vehicle and going after the other company to pay. Plus the other company may try to split the liability with them versus accepting it all. Additionally, it will show up on your CLUE record as a Not At Fault claim. And while it isn't supposed to count against you, it usually does. Finally, you aren't out your deductible and hoping your company can recover so they can reimburse you for it.

So yes, when possible, always go after the other driver's insurance.

 

[adjusterjack]

So yes, when possible, always go after the other driver's insurance.

I agree.

Especially if your car is driveable. You have the luxury of being able to take the time to deal with the other driver's insurance company.

However, if your car is not driveable I suggest using your collision coverage if you haven't gotten a positive response from the other driver's insurance company within two or three days.

I searched the local listing and found 8 cars with same Year make model and similar mileages. The average ACV was $4300-$4400.

Asking price is typically 10% to 15% higher than selling price so the $3800 would appear to be in the ballpark based on average values. Once you get the money you can go look at the $4300 car for sale in your neighborhood and probably buy it for $3800.

 

[solo2013]

I have a secondary car. He drove it for 16 days. I charged him $30 per day. Total due is $480.
Nationwide didn't contacted us more than two week. The adjuster is arguing that he cant reimburse the fee. Because my dad didn't paid the fee yet.

I told her that i will take this to small claim court if I dont get paid.

 

[moneycage 2018]

My father got into car accident. it was not at fault accident. They determined that the car is totaled. We went through the at fault drivers insurance which is Nationwide. We filed claim day after the accident. However we didnt received any calls for two weeks.

Anyway, nationwide is offering us only $3300 including tax and title fee. I looked on local listing from cars.com, autotrader have cars with similar mileage listed for over $4500. Its 2006 sonata GLS model with 129k miles on it. since last year we spent over $1500 to replace parts on the vehicle.

I was on the phone with the adjuster Today. I asked about the loss of use compensation. they said nationwide does not compensate loss of use vehicle and its state law. they have not contacted us for more than 14 days. Now they are telling us to rent a car for 10 days only.

I am still waiting for revised CCC report to come back. I want to know if my father is entitled to loss of use.
he lives in pa. He is using my secondary car at the moment.

Came across your post, I am not a Licensed P&C Agent, nor am I a lawyer, but I have totalled 2 cars in my life in 2 different states, so I will tell you what I was told.

First off there is a different between what a car is worth and what a car dealer sells a car for. Wholesale and retail with any industry are two different worlds, alot of gray area to it.

Second, like was mentioned earlier, your father is only entitled to be compensated for the loss and how it alligns with the coverage he is paying for. Similair thing happened to me and I asked an attorney and he told me that because the insurance company offered me a rental car they are technically compensating me for a loss because now I have a form of transportation to live my every day life with to get to work, buy groceries, and leisure as well.

As far as the actually car being totalled, now a days insurance companies will look at what they can get at the wholesale level for the parts and compare it to the book value of the actual car itself. It they are making even $1 more for the parts they will "TOTAL OUT" the car and pay you the money.

A friend of mine for at a works at an auto body shop. He told me he has literally driven a "Totaled Out Car" around the block 4 times before they have come to collect all the parts.

 

[adjusterjack]

I told her that i will take this to small claim court if I dont get paid.

It's your Dad's claim. YOU don't get to take anybody to small claims court, except your Dad since he owes you the money you say you charged him for the car.

If your Dad wants to PAY you for the use of the car and you give him a receipt for the payment they may reimburse him. Or they may figure it's family hanky panky and still not pay it.

 

[VolAgent]

I have a secondary car. He drove it for 16 days. I charged him $30 per day. Total due is $480.
Nationwide didn't contacted us more than two week. The adjuster is arguing that he cant reimburse the fee. Because my dad didn't paid the fee yet.

I told her that i will take this to small claim court if I dont get paid.

I'd say the adjuster will win this one. This is a transaction between family. The fact that your father hasn't paid you would suggest it is a sham transaction designed to get money from an insurance company.

Dad should have paid you and you should have invoiced him for it.