NBP04TL4ME

You don't have to accept the insurance company's first offer, but if they are truly offering you 25% () above the book value, you may not want to mess with them.

thoiboi

Definitely can get more. Especially if you lawyer up
If 25% above KBB still doesn't cover the mods at the very least, they'll need to make you whole.

Even if you don't lawyer up you can look into bringing up a case with them and represent yourself and they'll settle with a much higher offer. (Especially if you have any type of bodily injury). I'm not a lawyer though.. but I'd look into it if I were in your shoes.

phlyxaznxboi

yea i actually have a lawyer working on case that is why their initial offer is already 25% above KBB value, i just spoke with my lawyer yesterday and they already advise its more than a reasonable offer, and offered me based on the excellent value which is highest value KBB gives the car at the best condition on current miles. they will not cover any mods past 6 months, and ruled out most of my invoices and parts as maintenance. i believe this is as high as it can go at this point where alot of cases they offer below KBB value or at most meet KBB value. my lawyer was even asking me if i knew someone on the inside because they typically dont offer 25% over kbb value on the first bat.......i already told him if it sounds more than reasonable than i guess we will go with it because there is nothing we can do to up the settle anymore than that, at most he can try to get my deductible reimbursed to some extra back.

NBP04TL4ME

nist7

Slightly, side topic...but have a question.

So in this case, when a car is likely totaled due to the extensive damage. And if you take the insurance company money for fair market value of the car....why are you not allowed to part the car out above and beyond personal stuff?

I mean the title is still in your name? Or is it a rule where if you take the insurance money then the title is immediately transferred over to the insurance company (ie you are selling the car to the insurance company) and then the insurance now has possesssion and will then sell the car off to a junk yard?

So is that why if you do want to part it out, you have to buy it back from them? IE, they give you cash, then you pay them same amount to buy back the car then part it out hoping to make some extra from parting out yourself?

Or what about a 3rd option: Say you don't want to deal with insurance at all and just want to part it out yourself. Is it legal/feasible, to just cancel your insurance policy (ie, not renew) not take ANY money from the insurance company, just tell them you will keep the car as is and just try to part it out of your backyard and hope to make some money?

DuoDSG

I'm not familiar with the legal aspects of the personal property issue so I'm curious about this too.

I mean, heck, if they won't count any mods past six months old, then that means they aren't paying for them with your settlement, so couldn't they be considered "personal property"?

For example, if I wanted to get my floor mats out and I wanted to use them on a future 3G TL (along with any mods, like the AUX jack I have in my 04 TL), why wouldn't they let me take those?

It seems messed up to me. But I don't know anything, so I'd love to hear an informed opinion about this.


Sorry for your loss, OP. I'm sitting here reading this thread and I was talking to my wife about how much it would suck if my TL was totaled like that (and I haven't even put that much work into it...). I honestly was tearing up talking to her about it, so I can't imagine what you've had to go through. But I'm beyond happy that the TL did its ultimate job of keeping you and your family members safe.

truonghthe

You can't since the insurance already declared a total lost which mean they will pay for the full amount for the car and expect everything will be there. It's total lost for OP that doesn't mean someone else can't rebuit it, kinda like I sell you a car with bad trany and said since the car is for junk I would like to pull couple parts off the vehicle. Once they pay the full amount they are entitle to own everything belong with the car.

BillMFD3

Advise to all Cali drivers: get the best coverage you can afford. Lots of unlicensed and uninsured. When I moved out there about a month later my 94 rx7 was hit by a pos pickup - no license, lucky that the owner was running a lawn care business and had coverage.

phlyxaznxboi

to answer your question there is a few things you have to consider,

reason why they don't let you remove things you add or is already on the car is because it will affect the value of the insurance adjuster, if its bolted down or use in conjunction with the car or treated as a piece of the car its self. it will have to stay on the car. also for legal purposes the car will remain evidence.

yes exactly once i take the settlement i have transfer the title over, and buy the car back inorder to part out or fix the car,

if i wanted to part out, i still have to wait for settlement to finalize, get my money and bid back the car from other salvage bids. but as owner of the car you have priority of the salvage bid. once you win that bid you can then tow the car to anywhere you like to have it dismantled and parted out

usually 3rd option isnt feasable because there is always medical injuries as well as damage that needs to be taken care of and from a legal standpoint they wont let you do it in that fashion, it has to go through local/state protocals if you want to the keep the car as is.

phlyxaznxboi

thank you sir, the reason why i posted this thread is also to inform other out there what to expect when they are dealing with such tragedy.

the Mats has to stay in the car because they are considered a aftermarket part for the car, as you use it specifically for that purpose, now the intake, exhaust, mats, etc are all considered mods, they wont honor what you paid for, but it will affect the adjuster's numbers maybe a hundred or two, the aem V2 is 280 when i bought it they only wrote down $120 and i installed it in may of last year. my weather tech floor mats was written in as $80 i paid almost 200 bucks for it. i spent over 3 grand making sure shes driving the way she should including replacing shocks, control arms, fixing the wheels, etc and sounding the way she sounds, they only gave me a bit over 300 dollars because everything else is considered "maintenance" but they did give me a much higher value than what i owe on the car, so i really cant complain,

its not as much as the sweat and blood i poured into her, but at least its something and it was enough to put down on a new vehicle lease i just obtained this past weekend.

phlyxaznxboi

yea i was really depressed for about two weeks, i actually had more parts comming to me as i was trying to get her in tiptop shape, but from the looks of it now, i will be selling these extra parts that i have laying around. i have a clip of me turning her one last time at the tow yard before they took her in for good, it was a very emotional and painful experience. ill try to post it here but it wont let me, Tila ( lol cuz shes a TL) was a great car and i still miss her to death. the sound of her engine rumble and exhaust roar when i turn her on still rings in the back of my mind......

i was just glad my son was not in the back seat when this happened as the tacoma destroyed / buckled the unibody beam all the way to rear passenger and even till the front passenger floor, i would have went to jail for killing the mofo in the tacoma on the spot if my kids were in the car. thank god shes a tank,

phlyxaznxboi

Yes BillMFD3 that is my suggestion to everyone as well you rather be overcovered than undercovered when something like this happens you find out how much your insurance quote is really worth, had i only paid for liability i would have gotten nothing but wait for the other persons insurance and if he didnt have insurance than i would be bent over for a free for all. luckily i had full coverage with everything towing, rental, uninsured motorist, the whole 9.

not that i am saying u should expect your self to get into an accident, but god forbid when it happens you find out what coverage you DONT have REAL FAST as your insurance will deny everything that is related to the coverage that you dont have on the spot.

phlyxaznxboi

She's no MDX but finally made the purchase.

NBP04TL4ME

Congrats to you!! Not sure a Venza would be for me, but wish you the best with it -

iTzVlad

Sorry bruh Best of luck to you in the future

Hope you can salvage some parts and get some extra cash on hand

NBP04TL4ME

Nice sentiments, but you need to actually read the thread.........

rockyfeller

iTrader: (6)

Sorry to hear about this OP. Congrats on the car.

But it is a good cautionary tale for all of us with modded cars. It's the worst case scenario nightmare for most of us. I've always dreaded all the time and energy invested and lost, over the loss of money. That's because I assumed that if my car was ever totaled that I would be able to strip it.

I do understand why the insurance company wouldn't allow you to totally just strip the car of functional parts. But I'd be damned if I couldn't take back the aftermarket add on stuff. I mean not just strip it and leave it in pieces, but actually swap back the stock parts and take the cosmetic stuff out. Isn't that considered "add on" and non-functional? In my view my property is my property UNTIL they reimburse me. So how can they act like they already own my car. Nobody is getting my WORK wheels for free, lol.

If this happened to me, my plan has always been that I would tow the car to my driveway and swap everything ASAP within a day or 2 and then show it to the adjuster getting it back to OEM as I can get it. I would still be able to claim a totaled car, I'm sure, yes?

truonghthe

Enjoy it i think its the last year of venza since toyota is get rid of the model within their line up for next year.

P1zzaman

iTrader: (1)

The front looks pristine! Can't say the same thing as that car sitting next to yours though.

phlyxaznxboi

Yes but you would have to do it within 24 hours, and only if the car is totaled, if it is repairable you can leave it, as they will only touch what they need to fix the car.

Only if you feel the car can be totaled you can take it back and strip it as fast as you can and return it back to stock, because the police will ask if you have AAA or if you need them to call for towing if you have AAA you can have them tow it where ever you want such as your drive way, friends shop, where ever. usually if police calls the tow truck it goes back to a holding yard and insurance will take over from there.

SO IF YOU DIDNT READ ANYTHING ON THIS THREAD MAKE SURE YOU AT LEAST READ BELOW!!!!!
GOD FORBID ANYONE GETS INTO AN ACCIDENT AND YOU BELIEVE YOUR VEHICLE MAY BE TOTALED, GET YOUR OWN TOWING COMPANY SUCH AS AAA AND TOW IT HOME OR TO A FRIENDS SHOP IF YOU WANT TO REMOVE ANY MODS OR PARTS RETURN IT TO STOCK, AND REPORT IT TO YOUR INSURANCE COMPANY AFTER YOUR DONE, BUT DO IT WITHIN 24 HOURS OR BASED ON YOUR LOCAL STATE/DMV REGULATIONS.

BECAUSE IF NOT ONCE INSURANCE/POLICE TOW IT TO A LOCAL HOLDING YARD ITS GOOD AS GONE.

it really was hard to let go especially all the work i poured into her and unfortunately when its declared total loss, everything that is affixed to the car. is not leaving the car lol. i tried to fight the holding yard, the repair shop, the adjuster, i even talked to my lawyer and thats just the way the regulation and protocals are set up by law. insurance adjuster is suppose to take all the mods you have into consideration and adjust the value accordingly. but they dont go back further than 6 months which i feel is complete bull, but once its declared total your car is in their possession ball is in their court, so basically we are bend over buddies at this point.

phlyxaznxboi

yes sir, but you can still buy/order up till 2017

rockyfeller

iTrader: (6)

My mods are all years old and to get reciepts on everything would require 1wk of digging. Even if I was reimbursed for recent mods, I'm sure the insurance company will deduct for depreciation. They squeeze every last penny when they can. No thanks, I'd rather salvage myself.

So in order to do so, it would be contingent on 2 big things: 1) That an accident occurs close enough to home that it is worth towing back home by AAA. If you were more than 100 miles away it could cost you a fortune out of pocket. Insurance will cover towing to where they would want the car to be, not where you want it to be (home) 2) That you were not seriously injured and hospitalized. There would be no way for you to do a swap unless you designated a friend who can drop everything, take a day off from work and salvage things for you.

But of course if you were in a hospital there would be a hell LOT more things to worry about than a silly car. That would be the one situation I'd resign my car as a total loss and be happy the car did it's job of keeping me alive.

phlyxaznxboi

thank you sir, i keep her real clean, to the best of my abilities and 3 kids.

phlyxaznxboi

you are absoutely right, but after this accident i truly believe this car was heavy for a reason, Tila (my type S) is as sturdier than a Tank, i was plowed from behind by a old school Tacoma with steel bumpers at about 40-50mph and was able to walk away with mild injuries and whiplash,

rockyfeller

iTrader: (6)

Tila, haha. (TL) Awesome name. Just don't drink any tequila, doesn't mix well with Tila.

So what's the new car's name? Venzy?

phlyxaznxboi

Rocky Feller Venza's name is Mica cuz her color is Metallic Mica Grey lol!

Relentless84

Glad you were able to walk away from that! The same thing literally happened to my previous car (ended up being my rear driver panel and trunk) and I also ended up going the write-off route as well; definitely share your sentiments in leaving the junkyard for the last time :\

sauceja

iTrader: (2)

Damn, that sucks to see.

phlyxaznxboi

Some additional pics of the tacoma that hit me

WasherDown12

RIP. similar situation with my accord happened but that brought me the tl. everything happens for a reason.