Hot Rods So I got rear ended, and could use a little advice

I was driving my '63 Galaxie 500XL 2-door the other day and got smoked from behind by a guy not paying attention. He hit me so hard the motor shifted in the mounts and cracked the oil pan on the cross member under engine. So she is dead in the water.

He wants to settle out of insurance. My question is...is this a good idea? I'm concerned the insurance company is going to want to total the car. I'm in Bozeman MT and the nearest appraiser is in Spokane. Dunno what she's worth aside from a cursory Haggerty search, but chopping the rear end off and replacing it ain't gonna be cheap. Should I get an estimate and not bother with appraising it? As long as he's willing to pay up that may be the wiser choice maybe.

While it sucks, I realize it was an accident and I'm not gonna soak the guy. However, I put a lot of time and money into her and don't want to get fucked.

What would you guys do if you were in my shoes?

 

What would you guys do if you were in my shoes?

Id be calling my insurance company first , and then getting a letter from his bank that states his ability and credibility to pay.

Then decide my next move

Probably wouldn't ask an automotive Internet forum for advice on an accident. On the Repairs , well yes of course

 

Yes, get a hold of your insurance and let them know. Get a couple of estimates, especially from any restoration shops if you can. This could get expensive depending on the damage. He may not realize the cost. You should at least know who his insurance company is. Did you have a police report ??

 

Sounds like he doesn't have insurance. Why else would he want to keep them out of it? Anyway, get a few estimates and let him see if he can afford to get the car fixed. If he says he can pay, get the CASH in your hands BEFORE you drop the car at a shop.

Or, let the insurance companies deal with it. That's why we pay for it, isn't it?

 

...DON'T settle out of insurance. Put your claim in immediately!
Learned my lesson many years ago with a deadbeat that claimed he would take care of the damage.
In my case I agreed to give him a break and not involve the cops or his insurance company.
No police report, no timely insurance claim and his ultimately denying the accident at all....I got to eat that one on my own.....Older and wiser now.

 

Call your insurance man right away and put him on it. Waiting will make it harder. You will have more options than you think. Dick.

 

Bubba1955 is faster than me.

 

What he said. Anyway, you can always buy the remains back from the insurance company for scrap price. sometimes less, as they really don't want to deal with a totaled car.

 

Ive been in this situation a couple times....and it never turned out as good as if you had gone through insurance and filed an accident report. If you didn't get the cops involved...its just your word against his and he is not going to agree on what its going to cost to fix it the way you want it fixed. If he decides not to pay , you are just screwed.

 

Good advice all around guys thanks. He does have insurance and a claim has been filed, but my worry was that the car would appraise for less than the damage cost and the insurance would take the cheaper route.

Then again, he might just take the cheapest route and not pay at all. Gambling isn't my favorite thing, especially when getting totally fucked is a possibility.

 

If he did 40,000 dollars damage to a 50,000 car then the insurance will pay to fix it.

If he did 40,000 dollars damage to a 5,000 project car then he did 5,000 in damage and the insurance will pay the 5,000 in damage.

It's not rocket science but based on value and your policy.

What do you think the car is worth

 

Rule number one! Always get a cop. Especially if it not your fault. # 2. Trust no one to do the right thing. Then you won't be disappointed.

 

There was definitely a cop. The other guy got citations for following too closely and causing an accident. Crazy how little damage his Chevy pickup got. I think it's because my Galaxie sat so low he only caught sheet metal and not a solid frame hit.

 

Do not settle outside insurance. Get the ball rolling through the proper channels. Too many stories on here similar to this where the guy won't pay up

 

""He wants to settle out of insurance. My question is...is this a good idea?""

if your car is worth $5,000.00 and he shows up on Monday with $5,000.00 cash and you get to keep the car then it is a good idea. otherwise it is just a good idea for him to try to weasel his way out. maybe he thinks your old car is worth $500.00.

 

If that car was hit hard enough to move the motor I would have the frame checked by a very qualified expert. A hit to
sheet metal probably would not do that.

 

And when in doubt......stand tall. Don't take their first offer.

Off topic 4WD 7.3 diesel Ford Excursion limited, variety of turbo power mods, suspension upgrades, and low, clean miles. Totaled. Their insurance company lowballed me four times. A big insurance company. They compared values of a V10 4WD, and a diesel 2WD.....not what I had.......a fully loaded 4WD Powerstroke diesel Limited, with low miles and upgrades. I had to wait 3 months, and pay for a 300 dollar appraisal....but I got full value, and the bastards had to pay for my appraisal. Finally.

They always assume you NEED the money, and don't want their hassle. These days, that's the way most of them roll. Hopefully you have more time, and transportation choices while you iron this out.

 

The absolute ONLY way I would EVER consider settling outside insurance is if the guy has the cash NOW, gives me the value of the vehicle, and I will give back the difference when said vehicle is repaired. And I mean cash AT THE SCENE!! And if there is injury, NO WAY IN HELL!!!

Yes, I tried to be a nice guy, once. and I got fucked.

Cosmo

 

I just got rear-ended, too, in my Falcon.

I am not looking forward to the insurance company trying to tell me that my car is worth $700.

 

I would follow the normal channels for a claim. You can argue your value and document it through the insurance company if needed, the guy even well meaning may get hinky when he finds out what it's going to cost him.

 

Will be easier to go through insurance. Also get a independent appraisal. Also if you just have the basic insurance on your car not a agreed value or aftermarket parts coverage you may get screwed. Even if they total it you can still buy it back from the insurance company. Depending on your state assuming you own it outright the title may come back clean.n You may want to seek legal advice before making the claim also

 

Always get the law involved if its the other guys fault. A citation for the other guy goes a long way towards greasing the wheels with there insurance company.

 

the other reason why not to settle out of the insurance , is personal injury that might take 2-3 weeks to show up ( pinched nerves , strained tendons ect ) . if you got hit hard your body takes a massive shock and it might take a while to show up . and if you go outside insurance , it will not be covered . but do not fake the injurys for money .

 

Never make it easy on people driving with no insurance (If this is the case). It will only bite you in the ass. How will this guy ever learn his lesson.

 

sounds like he thinks its worth $500 and you think its worth $5,000. And then the insurance thinks its worth $2,500. if the guy had the money he would of wrote you a check right then an their. Let your insurance handle it.

 

In a wreck that's not your fault, sometimes the best leverage you have for getting a fair property damage settlement is the threat of a suit for injuries. Being rear-ended puts you in the best position to use that threat since its essentially impossible for anyone to prove that your back or neck doesn't hurt.

Friend of mine had this several year old daily driver that he drove back and forth to work every day. About a 70 mile round trip. Gets rear ended at a traffic light one morning and the car is obviously totaled. He'd owned the car since new and knew it was dependable. Looked around and figured he'd have to spend $6K on a replacement.

So the insurance adjuster calls and says they'd like to get this settled. What will it take to make him happy? He says $6K, and the adjuster says they're prepared to pay him $3500. He tells the adjuster that listening to the offer is making his neck hurt and he'll have to think about it for a few days, and says good bye. Adjuster calls back half hour later and says they'll pay the $6K. Hand delivers a check to his house the next afternoon.

An insurance company is lucky when they can get out of a wreck that totals a car for nothing more than property damage payments. If they ignore their good fortune and try to jerk you around on a fair price for the damage, they deserve to catch a lawsuit that costs them 5X or 10X as much as they could've settled for.

 

when my Stude truck was hit by a van and rolled over - the guy had insurance (me just liability)....cops there report etc....when I didn't hear after a few weeks I found out from his insurance about the months previous wreck he had in his car that was pending....after my lawyer got involved I got a good settlement and kept the truck.....used what they were going for at the time with pics of mine before - good luck!

 

Another good reason to have agreed value insurance. You decide how much it's worth, it's damaged, they pay you the agreed value and get their money back from the other guy. I wouldn't have anything less on my old toys...........

 

Remember, the insurance adjuster's job is to get the claim settled for the smallest amount of money they can, and it is your job to make sure they pay you full value for your loss.

 

A friend of mine just went thru this with an ot older Toyota truck 84 with 74000 orig miles. they are worth real good money over here .He got an estament they lowballed him on the book value said they would total the truck and let him have it back ,but here that means a salvage title . This can make it expensive and hard to register again. He stood tall with the adjuster got nice chunk of cash and no salvage title. He and I fixed it in 4hrs .