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Klayfish
Klayfish UberDork
2/14/16 8:23 a.m.

From the photos, hard to say if it's totaled. Rear end hits often can hide an awful lot of things. Shop will need to pull the bumper cover and pull back trunk carpet to get a really good look at the rear body panel and floor panel. If they're bent beyond anything really minor, I'd say the car is a total loss. Doesn't look like they hit you "square", rather tried to swerve to avoid and clipped the right rear. Did they impact the rim (do you see any damage on the tire or rim)? If there is suspension damage and unibody damage, then it's almost certainly a total.

As for how they value the car, the state usually has several approved methods. Most likely the insurance company will use a company called CCC, which is state approved. They're the big player in the valuation industry. It uses bunch of factors to value a car. Ask for a copy of the report, you're entitled to it...the should offer it to you up front. Make sure they have everything right. If the value is still incorrect, just be prepared to show them why. CCC is usually spot on with Accords, Camry, etc...but sometimes on an older car or more rare car, I find that they're not always 100% reflective of local market value. Sometimes it's low, and if the customer can show me why, I'll override it. Sometimes it's high, and in that case the customer winds up getting more than local market value(we won't adjust down...only up).

As for diminished value (DV), if the car isn't totaled, you'll need to request DV from the insurance company. There is already plenty of case law in the books regarding the ability to make a claim, but none that says it should be x or y amount. Every insurance company has their own methodology. I look at several factors, such as the cars age, mileage, severity of damage and pre accident value. Lastly, I'd check to see if the car was in an accident prior to this one (using the database that Carfax gets most of their data from). I don't know how many miles are on your car, but in all honesty, I'd probably not offer DV here. If I did, it would be a few hundred bucks tops.

Lastly, as for being paid for time off work. I'd be agreeable to paying for the date of the accident or maybe the day after. Beyond that, I wouldn't pay for time off work just for having to get an estimate, or make phone calls, etc... and the courts would not back you up on that either. Missing time due to injury is an entirely different matter, but due to inconvenience of an accident, no.

Hope this helps.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 10:05 a.m.

Excellent!!!!! Exactly what I am looking for.

Many thanks!!!!

The only pita is going to be waiting on the body shops to be able to get to tearing in to it. Tge storms last weekend was a boon for business.

Although I agree about the time off from work from a business stand point I also know I lost half a day on the accident date. I will loose a half day getting it to the body shop and dealing with the adjuster and the real time time is the purchasing of a new Vehical. Other time I will loose is getting it registered (trip to the registry) and insured (trip to my agents office). This will take at least a half day if the registry is not backed up. Then there is the state inspection but since I am an inspector that is not a big deal but I still have to pay the fee.

All this adds up. I make more than 50 an hour. I can see where an insurance co would not want to pay for this. But it is real money.

Another question.

Tax, title, registration and state inspection costs are all going to B incurred getting a new Vehical. These are known costs not subjective costs like my time above. Are these covered?. The tax would be paid on the agreed upon total value. The other fees are fixed costs set by the state. How does insurance deal with those costs? Or are you just SOL.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 10:16 a.m.
rslifkin wrote: If you liked the s-type and it ends up being totaled, this sounds like an excuse to upgrade to an s-type R if you could live without the AWD.

Definitely on the list I love the look I those and they go like stink.

I was also thinking a really really nice P71. Gum metal grey smoked windows and a push bar. I used a friends years back for a couple weeks and I really liked the parting of the red sea affect it has when in traffic.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 10:22 a.m.

I am also going to look at SHO's. Newer ones have awd.

What other AWD mid size sedans ate there and no subi is nit an option.

Maybe I will go back to my roots and get another truck. The X type replaced my expedition. It was a great Vehical. I would not mind another.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 10:28 a.m.

On another note I would have to consider another x type. It really is a great car why I hope that this is fixable.

rslifkin
rslifkin Reader
2/14/16 10:28 a.m.

AWD Charger might be an option. Or an x-drive 5 series if BMW is on the table.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 10:36 a.m.

I looked at those when they were new a couple years back and I really liked it. For some reason tge interior layout was perfect for me. Everything was in reach and yet not cramped. I also really liked the analog clock. The V6 with 300 hp is plenty fun I my book.

patgizz
patgizz GRM+ Memberand UltimaDork
2/14/16 11:05 a.m.

they're not going to pay anything toward a new vehicle(registration, inspection, title work, time, whatever). it's their job to get you taken care of on the old car and they have no obligation to hook you up for anything beyond that. otherwise everyone trying to milk the system would take a week off to new car shop.

Wall-e
Wall-e GRM+ Memberand MegaDork
2/14/16 12:07 p.m.

I was rearended last year by a van and the car was totaled. It wasn't my car so my parents dealt with that part of it but on my end they had me fill out a form for time I lost from work going to the doctor getting checked out and since I had no serious injuries they asked if I'd be ok with $500 for my troubles and agreeing not to sue. Since I wasn't planing to sue I was ok with it.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 12:19 p.m.
patgizz wrote: they're not going to pay anything toward a new vehicle(registration, inspection, title work, time, whatever). it's their job to get you taken care of on the old car and they have no obligation to hook you up for anything beyond that. otherwise everyone trying to milk the system would take a week off to new car shop.

I completely understand the time not being paid BUT Tax Title and registration and inspection fees I will dig in on a little if it comes to it. I had to pay it on the car I had and I am going to have to pay it on a new one. They are fixed fees set by the state and they will have to be paid to make me whole.

I am really curious as to what Clayfish sais about this as he is the expert on this kind of thing. It is what it is at the end of the day.

However I can see tax paid only on the pay out value not on what I paid for it. Or because MA does not base the tax on what you pay for a car anyway unless it is from a dealer. They should pay the tax based on the system that MA uses to determin tax on the vehical that was totaled. If it is a privet sale they use NADA value and tax you on that. I think it is based in "excellent privet sale value". This really sucks when purchasing wrecked or rust bucketts as you still pay full tax on it even if it is a pile of pieces with a vin tag.

I will stick to my guns on this as I was not at fault at all.. . . Well other than the fact that I was stopped at that particular place at that particular time. I can see lawyers making me at fault for that. Trust me I have made stupider things stick in court in legal cases.

Again we are kind of jumping the gun here. I have not met with the adjuster. I will not hear from the other insurance company until Tuesday so at this point it is all speculation. I am just trying to learn the in's and outs of the system and how the game is played before I start playing it. What I should look out for, what I can reasonably expect and what if any recourse I have should things go south.

Hell the other side of this is they could come back and say it is totaled and cut me a $7,500 check. I would be very happy with that. You never know with these things. I have not been in an accident in a long time. The last one a poor lady was hit from behind so hard that her Toyota corolla was pushed under my explorers bumper (with a rease tow hitch mounted below it.) It took the head completely off the motor of here car (like I could see the tops of the pistons). My truck got written up for a new bumper and a new tow hitch. I got about $1300. A junkyard bumper with mounts for $150 and a $150 hitch later put on in a couple hours and I was done. So you can do ok in accidents you don't always get screwed.

I was thinking and I don't remember the last crash I have had besides that one and that was 10+ years ago. I think I am looking at back in my teens when I hit ice and slid in to some one. Completely my fault by the way I was a young inexperienced driver and screwed up.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 12:53 p.m.

My wife would kill me BuTTTTTT. Found this on ebay trying to get an idea as to waht my X type is really worth. I might actually get this. I have always wanted one of these and this one is a manual with OD.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 12:56 p.m.

I take all that back this would get me in troubble. By it now of 120K

I so love these cars.

Fueled by Caffeine
Fueled by Caffeine MegaDork
2/14/16 1:55 p.m.

Xjr

http://boston.craigslist.org/nos/cto/5393507573.html

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 5:36 p.m.

Ohhhhhhh. I need a moment alone. I have been looking for one of those for a while. Most look pretty clapped out. That looks really nice.

Klayfish
Klayfish UberDork
2/14/16 5:55 p.m.

They will owe you for tax on the Jaguar that was totaled, not on the new car you buy. They will also pay registration and title fee.

You can ask them to compensate you for your time missed, worst that will happen is they'll say no. I'd just be prepared for them to say it, I probably would.

As for what to expect. First, I'd ask them for a rental, your car isn't drivable. They probably won't give you one until they confirm coverage and speak to their insured to confirm liability. Hopefully that shouldn't take more than a day or two. But at least let them know up front you're going to need one. They'll walk you through getting your car appraised. If you're in MA, it'll likely either be a staff appraiser or an independent. Industry standard is no more than 3 days to inspect. If it's totaled, they can run the valuation report very quickly.

dean1484
dean1484 GRM+ Memberand MegaDork
2/14/16 11:16 p.m.

Thanks!!! And yes I would only expect tax on the total value of the car not what I paid and not what I finally end up purchasing.

I ran the Comps today a couple different ways. I went and found every 2003-2005 X type with the 3l motor and AWD in New England, NY and NJ (15 total) and made a chart with Excel. I recorded year, miles, cost, color of the int and color of the ext and recorded the VIN.

Then I tossed the high and the low cost and averaged the remaining and came up with $6,188.

I then took a smaller sample form the same group of all cars between 110K and and 129K miles (my car has 118K) and I cam up with 4,997. So this combined with the NADA value of clean retail of $5700 and I think the number I would like is $5,500. We will see how this goes next week.

84FSP
84FSP HalfDork
2/15/16 6:47 a.m.

I negotiated another 2500 on top of the original value proposed by insurance on my barely totalled is300 a few years back. Going over the paperwork and the comps the pulled from the local for sale ads is key.

Contradiction
Contradiction Reader
2/15/16 10:35 a.m.

For the prospective frame and body panel damage that appears to have happened there I would strongly encourage them to total it and just cut your losses as long as they don't tell you your car is worth $3,500 and not $7,000. I think the idea of presenting the comparable value cars like you did is good, and I would fight for whatever value close to that.

dean1484
dean1484 GRM+ Memberand MegaDork
2/18/16 2:10 p.m.

Well I got word that the other party is accepting complete fault for the accident so that part of things is now a non issue.

I have another question regarding this whole thing. My car is a 2004 silver ext with a black interior. I am finding that there are just not any out there in this combo in years 2003-2005. I completely detest white, lt grey or cream interiors. The other issue is that finding a car in a color that is similar to mine is also tough. Grey/silver or dark grey just dot seem to come up for sale much. The other colors Jaguar offers I really do not like.

Anyway The real problem is the black interior. Do I have any leg to stand on with respect to wanting a replacement in kind to my car in terms of the colors? In a perfect world I would find a 2004 3.0l AWD silver with a black interior with 115K on the clock but I can not find them. The short of it is I want my car replaced with a like car and a big part of that in my book is the color combo. I don't want arrest me red (kind of a pinkish red) I don't want the green as it just looks wrong on these cars. The light metallic blue looks like a hairdressers car. The bigger problem is that white, lt grey and cream seem to be the interior colors that were made the most. Finding a dark brown or black interior with an acceptable exterior color it turning out to be a real PITA.

Do I have any leg to stand on with respect to wanting a color match or something close? A white car with a cream interior is just not going to happen. It is a completely different car in my book but do insurance company see it this way?

mad_machine
mad_machine GRM+ Memberand MegaDork
2/18/16 3:16 p.m.

well, you could always buy it back and replace the interior with the one from your car

dean1484
dean1484 GRM+ Memberand MegaDork
2/18/16 4:05 p.m.

If I had time I would BUT I would rather spend my time building go fast crazy things than spending it on my DD.

On a funny note my wife said it was "ok" if I looked at Merc's, Porsche and Jags for replacements. I really would like another X type. It has been a great car. Does nothing extraordinary but does everything extremely well.

My other issue is that although I really like Merc's and BMW's if I pull up to a clients business I catch all kinds of grief about being paid to much if I am in a Merc or a BMW where as with the Jag most people don't know what it is. I have never had anyone make any comments about paying me to much because I am driving the X type. Kind of dumb but one of those things I have to be mindful of.

mad_machine
mad_machine GRM+ Memberand MegaDork
2/18/16 4:10 p.m.

I remember you talking about that when you bought it.

Devilsolsi
Devilsolsi New Reader
2/18/16 4:23 p.m.
dean1484 wrote: On the one hand I hope it is not totaled and I just get it fixed as it is a 12 year old car that I really do like very much. On the other hand a new to me car (say an AWD E55 AMG Merc or something like that) is always exciting and add in my sizable tax return this year.. .. . . ..

FYI the E55 was rear drive only.

I had a 2003 X Type for a few years. Put about 70K on it. Only had a couple of issues the entire time I owned it. If you want another one, they are very easy to find....and very cheap.

My dad has an XF and it is a fantastic car. His has the 5.0 V8 with 385 hp.

dean1484
dean1484 GRM+ Memberand MegaDork
2/18/16 5:06 p.m.

They are easy to find with a white or cream interior in white black or red or that horrible metallic baby blue. Trying to find one in silver or gun metal grey with a black interior it turning out to be a PITA. The other problem is that many of the early ones are 2.5l and they are not comparable to the 3.0l. I have driven a 2.5 and it was anemic compared to the 3.0l ones.

dean1484
dean1484 GRM+ Memberand MegaDork
2/18/16 5:14 p.m.

Ya I know re the e55's but at that point it is a completely different class of car. I looked at one the other day and there is not really much back seat room so that will probably take that one off the table for now as a dd. As a toy I can definitely see me with one at some point. I would love an s500 AWD but I would only look at one of those if it did not have the air ride suspension in it. I have driven those and I love how those feel and drive. As a DD it would be a nice place to be. But for now I am going to stick with the X types if I can find one I like.

All this is predicated that my car is totaled. I think it is and by the math that I am seeing based on the estimates I got and the value of the car it probably will be. But at the end of the day it will come down to the adjuster and how they see it.

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