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What should I do? Need expert advise!

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Old Nov 9, 2005 | 01:20 PM
  #1  
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Default What should I do? Need expert advise!

I NEED EXPERT ADVISE AND ITR GUYS USUALLY KNOWS WHATS UP! PLEASE DON'T DELETE I NEED HELP.



This is the situation. Some guy totalled my car on the morning of 10/31/05 @ 2:45am. It was a hit-and-run but because he hit me so hard, his car was leaking oil or some kind of fluid that led me to his house 2 blocks away (this is an area where if you don't live there, you don't go there). Now I am dealing with the guys insurance company and they are refusing to pay for my upgrades to the car. Btw, they accepted 100% responsibility already for the accident. The upgrades I have to my car which is a 92 civic si hatchback is itr 5 lug conversion w/ gunmetal rims and brand new toyo proxie 4 tires, tein ss suspension, and goodridge ss brake lines, jdm sir yellow fog lights...all which have been totalled in the accident.

So now they are trying to give me $4500 just for the stock car and refusing to pay for the upgrades saying they are "personal preference" even tho I have all the reciepts for parts. They are telling me I have to go through my own insurance company for those upgraded parts but I only have liability insurance so it doesn't cover things on my car. Now I am stuck and wondering if I should take the other guy to court or what? Please help!
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Old Nov 9, 2005 | 01:22 PM
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From: blavica
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Court, otherwise I think, but check your local laws on Ins., your screwed. Sorry to hear. Good luck. It sounds like dude who hit you is offering the 4500? Get a few estimates from others who would have interest in your car and go from there.
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Old Nov 9, 2005 | 01:29 PM
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Default Re: (Dave_B)

the other guys insurance company is the one offering $4500 for the car. i don't know why i should be the one taking a loss for this?? if i take him to court, how likely am i to win the case if i have all the reciepts for the parts? there is a lot more little jdm stuff on the car but those are still salvagable so i am going to take those out. i just want to get paid for what was damaged, is that so much to ask?
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Old Nov 9, 2005 | 01:32 PM
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Default Re: (*****StEr)

you need to take HIS INSURANCE company to court if you expect to get paid...

taking the guy personally to court will not guarantee that you get paid...

getting a judgement is one thing
collecting on that judgement is another

good luck to you
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Old Nov 9, 2005 | 01:33 PM
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From: blavica
Default Re: (*****StEr)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by *****StEr &raquo;</TD></TR><TR><TD CLASS="quote">the other guys insurance company is the one offering $4500 for the car. i don't know why i should be the one taking a loss for this?? if i take him to court, how likely am i to win the case if i have all the reciepts for the parts? there is a lot more little jdm stuff on the car but those are still salvagable so i am going to take those out. i just want to get paid for what was damaged, is that so much to ask?</TD></TR></TABLE>

Was a police report ever filled out? What is your Ins Co. policy for "aftermarket" parts. I would tell his Ins. Co. as a threat that your gonna give your lawyer their number. See how they respond. You "shouldn't" have to pay for the "extra" parts but who knows. Use the scare tactics first.
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Old Nov 9, 2005 | 01:38 PM
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Default Re: (Dave_B)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Dave_B &raquo;</TD></TR><TR><TD CLASS="quote">

Was a police report ever filled out? What is your Ins Co. policy for "aftermarket" parts. I would tell his Ins. Co. as a threat that your gonna give your lawyer their number. See how they respond. You "shouldn't" have to pay for the "extra" parts but who knows. Use the scare tactics first.</TD></TR></TABLE>

I dont know if the police filled out a report, but i did call the police to the scene of the accident and they filled out a little white piece of paper with the other guys info on it for me. My insurance company isn't going to cover my parts because I only had liability. Should this be takin to small claims court or should I try to find a lawyer?
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Old Nov 9, 2005 | 01:43 PM
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From: blavica
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Usually lawyer consultations are free. Contact a local lawyer and put it past him, see what he says. I'm not sure myself how it will end up working out for you in the end. I hope you get all your moneys worth though
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Old Nov 9, 2005 | 01:46 PM
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Default Re: (Dave_B)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Dave_B &raquo;</TD></TR><TR><TD CLASS="quote">Usually lawyer consultations are free. Contact a local lawyer and put it past him, see what he says. I'm not sure myself how it will end up working out for you in the end. I hope you get all your moneys worth though </TD></TR></TABLE>

anyone know of a good decent priced lawyer specialized in these kind of cases in san francisco?
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Old Nov 9, 2005 | 01:47 PM
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From: not walker111 do a search hoes
Default Re: (*****StEr)

Go to court. Go to acura and get a quote for the RR suspenion, hub, and wheel. Give that to thee ins. This is were everyone gets screwed on aftermarket parts, the ins will give you money for the car itself. There is no real way that they can put a price on used aftermarket parts.

Threaten them with court and a lawyer and see where that goes. A hit and run of that caliber should be a big problem. Was the driver drunk? Obviously going faster than 25mph.
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Old Nov 9, 2005 | 01:51 PM
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Default Re: (BlueR)

Before you go to court, you can try filing a complaint with your state's insurance commissioner's office; I've included the link to the office in California, just download the complaint form and send it in with your supporting documentation/photos - I would suggest you send it CERTIFIED MAIL WITH RETURN RECEIPT.

http://www.insurance.ca.gov/co...A.pdf

Good luck.
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Old Nov 9, 2005 | 01:53 PM
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Default Re: (walker111)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by walker111 &raquo;</TD></TR><TR><TD CLASS="quote">Go to court. Go to acura and get a quote for the RR suspenion, hub, and wheel. Give that to thee ins. This is were everyone gets screwed on aftermarket parts, the ins will give you money for the car itself. There is no real way that they can put a price on used aftermarket parts.

Threaten them with court and a lawyer and see where that goes. A hit and run of that caliber should be a big problem. Was the driver drunk? Obviously going faster than 25mph.</TD></TR></TABLE>

cops say the driver was not drunk. he was "stressed"? but a hit-and-run is a hit-and-run right? after i found his car and where he lived, his wife saw me taking down his license plate so i guess she figured they were caught already. after that i went back down the block to my car, and i called the cops. when the cops came the wife came down 10 minutes later and talked to the cops. so the cops are saying it was NOT a hit-and-run because she came down by herself? i bet she wouldn't have came down if they didnt get caught!
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Old Nov 9, 2005 | 01:55 PM
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From: not walker111 do a search hoes
Default Re: (*****StEr)

yea def bad ju ju. I would def have something to say about that situation.

&lt;Former law enforcement.
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Old Nov 9, 2005 | 01:57 PM
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Default Re: (walker111)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by walker111 &raquo;</TD></TR><TR><TD CLASS="quote">yea def bad ju ju.
</TD></TR></TABLE>

what the hell?
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Old Nov 9, 2005 | 02:16 PM
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Default Re: (*****StEr)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by *****StEr &raquo;</TD></TR><TR><TD CLASS="quote">

what the hell?</TD></TR></TABLE>

That's what happens when the Carib meets the East.

If they'll sell you the car back for $1000 or so, you might still manage, don't you think?
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Old Nov 9, 2005 | 02:27 PM
  #15  
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Default Re: (George Knighton)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by George Knighton &raquo;</TD></TR><TR><TD CLASS="quote">

That's what happens when the Carib meets the East.

If they'll sell you the car back for $1000 or so, you might still manage, don't you think?</TD></TR></TABLE>

thing is i don't want a totalled car and have to deal with the headaches. i just want back what i lost and that is the car itself and the upgrades which is about $2500 - $3000 or so.
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Old Nov 9, 2005 | 04:42 PM
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Default Re: (*****StEr)

May or may not help but....

2 days after i lowered my car and put brand new Konig tantrums on it, someone backed into my LF quarter panel ruining the wheel and everything around it including the tire.

HIS insurance company bought me a new tire, new konig wheel, new quarter panel and paid for the whole frontend to be repainted.

It is possible that in your case the guy that ran into you probably has the cheapest insurance company in the world and if you're really concerned about your loss I would talk to an attorney right away and make sure you have you police report and get a damage assessment done by a professional adjuster.
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Old Nov 9, 2005 | 04:50 PM
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Default Re: (m0t0rhead)

SAFECO insurance licks nuts.
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Old Nov 9, 2005 | 04:55 PM
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Default Re: What should I do? Need expert advise! (*****StEr)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by m0t0rhead &raquo;</TD></TR><TR><TD CLASS="quote">It is possible that in your case the guy that ran into you probably has the cheapest insurance company in the world and if you're really concerned about your loss I would talk to an attorney right away and make sure you have you police report and get a damage assessment done by a professional adjuster.</TD></TR></TABLE>

That is when you can file against your insurance company through your uninsured/underinsured coverage.
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