I couldn't imagine the feeling.... having something you take pride and joy in taken by someone else's mess up

 

Sorry to hear about the Ride. Will the garage let you go in and swap the stock parts before the adjuster looks at it? Thats what my buddy did. Although he may have known the shop owner...

 

i do not have many of the stock parts and really the motor is built and thats what i want most. i do not want to be involved in any type of insurance fraud. the insurance finally got back to me and they use CCC ONE to do their valuation reports and i am not very happy about this! CCC ONE has been in multiple class action lawsuits for seriously under valuing vehicles. they say my cars cash value is 15k and if i want to keep the car they will give me 9k. this is unacceptable! i know i will not get what i could have sold it for or any where near kbb or nada but i want a fair offer. they say my car has 117k miles on it and it really has 41k, also said my tires where junk. i went and looked at it and the adjuster didn't even get the muck out of the tread to get an accurate reading. now i sent the info and photo proof of this to the insurance adjuster a week ago. now she doesn't answer or return my calls or emails. i am so annoyed with this situation. plus being that I'm in ny and it i a no fault state i am fighting just to pay my bills as I've been out of work for 2 weeks now and they have only payed me for one day of lost wages so i used my savings but that sucks because it is exactly that... savings. i contact an attorney and they say that until i meet the threshold of financial liability or my injury gets worse that there really isn't much they can do other than give me advice. why does insurance have to suck so much. by law i have to have it and it is supposed to help me when i get in a situation like this but they are really there to take your money and when you need it they drag their feet and don't wanna pay me whats due. end rant sorry

 

First, you need a lawyer.

Second, this is a relatively simple situation. Take the car to a good body shop to have it repaired to pre-crash condition, pay out of your own pocket. Then if you have collision coverage (like you have implied), turn around to sue your insurance company to reimburse you the cost with that body shop invoice. Let's say your insurance say your car is worth $15k, and the repair is $14k, then they must pay you the $14k (even if they say it's the company's policy to pay you only $9k, that won't matter because the small claim court will f* over their "policy"). If the repair is $20k, then the insurance must pay you $15k.

If you do not have collision coverage, your insurance is not liable to the damage on your car whatsoever. In this case, you sue the offender with that body shop invoice you have paid. It's up to him to figure out how to make his insurance company pay, else he will have to pay himself, even if it means to sell his property to get the cash.

And also rent a car from Hertz and keep working. When you file the claim, you can add this expense to your claim and the liable party needs to reimburse you of this expense.

If you live paycheck to pay paycheck and can't afford the repair or the lawyer, then I'm sorry for your situation. Maybe ask parents, relatives, and friends for financial assistance to resolve this problem quickly and effectively.

 

Also as others have said, I suspect you have no collision coverage and you are talking to the offender's insurance company (it's a tort, I know, let just call him the offender for now). This is the very wrong way to resolve a problem. His insurance company has every right to screw you up and it is their duty to protect their paid customers by screwing you up as much as they can.

A collision coverage on your car is like a half-baked legal service, which is supposed to save your headaches and the cost of hiring a lawyer. Sometimes this works, sometimes this doesn't.

If you have no collision coverage and the other party damages your car, then neither your insurance or his insurance has anything to do with your business. Offenders like to tell you, "Oh, call my insurance." Do not listen to this. Call your lawyer instead and sue the offender. He caused the damage and he is liable. Let him figure out how to get his insurance to pay. If he can't, he will have to sell his properties to make up for the damage.

 

first thank you for your advice but this car is not repairable. the photos i took the night of the accident don't show the full extent of the damage. we both have the same insurance carrier. i don't live paycheck to paycheck but the first of the month is around the corner so i used my savings to pay for all of my bills for the next month. i also cannot work due to the injuries i have suffered from the accident.

 

You still need lawyer.

If the car is not repairable, have your independent auto value service to assess its value, declared the car totalled, and remove the undamaged aftermarket parts.

The offender is liable to pay you this assessed value, your medical expense, and your lost income due to the injury. This has nothing to do with the insurance if you do not have a collision coverage. The offender is liable and it's his own business to figure out how to pay you.

With a reasonably assessed value of your Evo, the payment should be more than enough to cover the expense of getting another used Evo in great conditions.

Unimportant: If you are injured by another party the next time, definitely call an ambulance and try to get in-patient treatment. Otherwise the medical expense is not significant enough for you to claim a large punitive damage. This fact of an ambulance run and being treated as an in-patient can help you get the best lawyers in your area to fight on your side.