Total loss and loss of use with at fault’s insurance party

Thank you for the research! As much as I appreciate your efforts, there is a significant differences in price between those baseline FJs and trail teams edition
 
3rd party report valued my car at $43,300 including those accessories installed on the car

-Their final offer was $35,237 plus tax and license plus loss of use for 27days

Just take the offer, it's a good one for a 13 year old FJ, regardless of all of your TRD accessories and trail teams addition. The offer might not be exactly what you want, but suing the other driver is just going to cause you to lose money imo

I understand this is probably more about the 'principle' of the matter than the dollar amount, but it's not worth fighting. Move on with your life.
 
Thank you for the research! As much as I appreciate your efforts, there is a significant differences in price between those baseline FJs and trail teams edition

I knew you'd come back with something.

OK, here's a trail teams edition with 53000 miles on it that SOLD for $36,250.

2010 Toyota FJ Cruiser Trail Teams Special Edition 6-Speed for sale on BaT Auctions - sold for $36,250 on January 4, 2021 (Lot #41,327) | Bring a Trailer

Another trail teams edition 84,086 miles sold for $24,750.

2010 Toyota FJ Cruiser Trail Teams VIN: JTEBU4BF8AK092790 - CLASSIC.COM

2011 with 63987 miles on it for $29,990.

Toyota : FJ Cruiser TRAIL TEAMS SPECIAL EDITION 2011 toyota fj cruiser trail teams special edition military green in South Bend, IN (smartmotorguide.com)

Take the $35,000. You're not going to win this argument with me, with the adjuster, or in court, if you choose to go that route.

By the way, whatever that "appraiser" charged you for that pie-in-the-sky appraisal, he ripped you off. Get your money back, if you can.
 
I knew you'd come back with something.

OK, here's a trail teams edition with 53000 miles on it that SOLD for $36,250.

2010 Toyota FJ Cruiser Trail Teams Special Edition 6-Speed for sale on BaT Auctions - sold for $36,250 on January 4, 2021 (Lot #41,327) | Bring a Trailer

Another trail teams edition 84,086 miles sold for $24,750.

2010 Toyota FJ Cruiser Trail Teams VIN: JTEBU4BF8AK092790 - CLASSIC.COM

2011 with 63987 miles on it for $29,990.

Toyota : FJ Cruiser TRAIL TEAMS SPECIAL EDITION 2011 toyota fj cruiser trail teams special edition military green in South Bend, IN (smartmotorguide.com)

Take the $35,000. You're not going to win this argument with me, with the adjuster, or in court, if you choose to go that route.

By the way, whatever that "appraiser" charged you for that pie-in-the-sky appraisal, he ripped you off. Get your money back, if you can.

i am going to file a lawsuit. That listing is from 2years ago. 2010 trail teams is the rarest out of all. 2011 we call it NSSE, not so special edition as toyota mistakenly forgot to put many trail teams special parts so their value is much less than other trail teams. While i respect your inputs and guidances, I truly think my car is worth more than 35k. If they gave me credit of maybe $3000 top of 35k for the parts I installed, then i was willing to negotiate but this is way to ridiculous move on their end. Additionally, loss of use only til the first CCC report which used the wrong comparison with many errors? I dont think i am compensated accordingly. Plus no credits for the accessories I have installed and they are all less than a year old. I am for sure filing a lawsuit. This isnt about accepting the reality and moving on. It is about me getting right compensation for the accident.
 
Last edited:
To quote training day "It's not what you know, it's what you can prove."

Good luck with your lawsuit

True that. Ill try at least
To quote training day "It's not what you know, it's what you can prove."

Good luck with your lawsuit
true that. I mean i think its worth filing it to bring the ins back to the nego table. What you and other gentleman are saying is reasonable and helpful
I already filed a complaint with ca dept of ins.

Do you know if i can negotiable the salvage buyback value with ins? Then maybe i can try to negotiate that to make up for the cars value
 
If they gave me credit of maybe $3000 top of 35k for the parts I installed, then i was willing to negotiate

OK. You're willing to take $38,000. Then ask for it. If the adjuster has any sense he'll pay it, or close to it, just to get the PITA closed and off his desk.

"But, Jack, what if he comes back with less than $38,000?"

Then you either take it or you file suit for the appraisal amount. Settlement negotiations are not admissible in court, so you lose nothing by offering a compromise.

By the way, I did manage to come across the CA lawsuit complaint form.

PLD-PI-001 COMPLAINT—Personal Injury, Property 
Damage, Wrongful Death (ca.gov)
 
OK. You're willing to take $38,000. Then ask for it. If the adjuster has any sense he'll pay it, or close to it, just to get the PITA closed and off his desk.

"But, Jack, what if he comes back with less than $38,000?"

Then you either take it or you file suit for the appraisal amount. Settlement negotiations are not admissible in court, so you lose nothing by offering a compromise.

By the way, I did manage to come across the CA lawsuit complaint form.

PLD-PI-001 COMPLAINT—Personal Injury, Property 
Damage, Wrongful Death (ca.gov)

Yea Probably better off writing a 3rd demand letter before proceeding to lawsuit. Thank you again. I found a link in the local court house e filing section.

i will keep you all posted with how it is handled.

so am I able to negotiate salvage buy back value with insurance company? They said it is $8200 to buy it back but was wondering if i can negotiate that
 
I am going to write my last demand letter before proceeding to the lawsuit to show them i am motivated to settle. I dont think they will bite
I am going to try to meet in half of what they think my cars worth and my appraised report
($43,300 + $35,237)/2= $39,268 + $180 towing fee + $3400 reg/tax + $4100 ( loss of use from 2/10 to 3/31) - $8,038(buy back) = $38,910

ill keep everyone posted
 
Back
Top