vp911

Which makes sense... I was just more curious if it is something I should ask for more out of.

Michael A

I gotta tell you .. that is BS ... If I was you I would want to know IMMEDIATELY how they arrived at that number. Did they pull it out of their ass or a magic hat ?
You are definitely entitled to know how the they CALCULATED that number.

vp911

CCC Valuescope is the 3rd party they use to calculate the value.

2000 posts

chill_dog

It sounds like the only way to get more is to hire a lawyer and that the state board decides it's worth more. Depending on what your lawyer charges and what the board says, you might end up with less than the $33,370. On the other hand, the board could say it's a $38k car and give you $4-5k more. That's the gamble with going that route. That's your call...good luck with whichever way you go.

Oh yeah, slip the guy at the junk yard $100-200 and snag those wheels

Michael A

Why don't you ask for a copy the CCC report to see how the numbers where arrived at ?

CCC is a very credible resource for insurance claims. Hopefully in the CCC report their should be info on other comparable vehicles for sale locally to you.

Also if the vehicle is less than 10k or 6k miles and less than 6 months old their might be a clause in your insurance policy that pays out what you paid for the car. You need to look at you policy though.

vp911

I will ask her on monday (she is out of the office tomorrow). As far as the policy, I read through the entire policy - fine print - several times and it made no mention of any such full refund. Oh well. I can't really complain, they seem to have a fair price I suppose.

ndx2

I'm not surprised that the AAA won't budge on their offer - they're trying to get away with paying you as little as possible! She's playing mind games by voluntarily telling you to get a lawyer... she's just doing her job.

Now, what is real BS is that they won't let you swap the ASpec rims with stock rims!! They're not paying for the ASpec kit, yet they're keeping the wheels? Doesn't make any sense to me.

If you take the lawyer route, you're going to have to sue the other party... and get compensated for the car/ASpec via other claims (i.e. mental anguish, loss of joy for life, and other "bs" ). While you still may think this is morally wrong, and I somewhat agree, but you're really suing AAA (who is trying to screw you), not the other guy. In this particular case, I'd be all about suing - you're about to lose thousands for which you weren't at fault.

BTW, how's your neck and back? Feeling any better, or are you just jacked up on morphine?

Maybe it's about time you called 1800-call-sam? haha

vp911

Well, I am going to consider all the options here before I go after the extra cash or not - I am strongly considering it. I have a while to consider, I just picked up the new car.

My back was fine for the last two days, but today it is killing me again. Ive been avoiding the drugs for it :-P

Sam is my friend, let me call him up maybe he can help me out lmao

1hottl

Vik,
I'd try to see if I can get at least another 1k out of them. You did not ask to be hit. And I kind of agree about the rims too. If they insured a factory vehicle then you should get to swap and put back the factory rims.

ndx2

Yeah, drugs are bad. PK is highly addictive anyway...

So you got the new car? The RL or what?? snap a quick pic when you get a chance.

vp911

ndx2

nice! how is it compared to the TL? your RL's certainly better than the grand am in the bg.

i like how the RL has everything a TL owner would eventually want. built in japan, On*, paddle shifter, turn signals in the mirrors, separate fogs, oh yeah, and SH AWD!

maybe the comfortable RL seats will soothe your back pain, eh?

got any plans for the car at all?

1hottl

vp911

I can't say it is MUCH better than the TL, but it is significantly nicer. The fit and finish is better, of course, paying more you expect that. It is quiet. I love the handling so far - not much on it yet. I can't drive it too much, new tires come in tomorrow. Give me time and I will report more...

THe seats, yea the lumbar support was great on the drive home

Tints next monday - trying to decide how dark, i was thinking only 50% - thoughts?

Clearbra next wed.

BiggyMcWang

Trust me, you are better off paying the deductable and getting a brand new car. That type of damage which definitely looks like it bent/broke the frame will make ur car title "Salvaged" which makes it near impossible to sell(unless for a ridiculous price). I'm sorry to hear you lost your car but glad you are ok. Hope you feel better.

ElmerHiggins

Hey Vik: Why dont you level with the AAA lady and be like listen, they are going to get compensated in full by the other drivers' insurer. The other driver is liable for all of the property damaged by their vehicle. Your ASPEC kit was apart of that property. Thus if they pay you for the ASPEC kit they will be able to collect this from the at fault party. If this does not work then I would pick up the phone and file a claim with the other drivers' company for the entire vehicle oncluding ASPEC and NOT collect from your company. I know this is possible in Georgia but Michigan might be different.
Did someone say Michigan is a no fault state? What exactly does that mean? Does this mean that even though the other driver is clearly at fault, each insurance company pays for their respective vehicles and passengers??

ndx2

nice wording. i can just tell you were sitting there thinking, "how the hell do i tell 'em that it's sooooo much better than the TL without pissing everyone off here?"

tints - go 35% all around. i have 35% titanium all around w/ 50% on the windshield. cops won't bother you, since you can somewhat see into the car, and it's not noticeably darker at night, either.

get those aspec rims back and put 'em on the RL... it'd look

vp911

AAA is the insurance company for the other driver.....

vp911

lol, damn you got me. i don't need to be flamed. but, no honestly, the tl and the rl are both very good cars. but after sitting in both of them, the tsx is NOTHING compared to them. i know originally i said the tsx is a good car (which it is) but it just isn't the same class as the TL or RL.

35% huh? i have till tomorrow to tell the guy, so I will decide tonight, do youy have pics of your car? i don't remember yours very well...

ndx2

i haven't taken any pics after i got the tints... but i found some pics from the last meet:

(which reminds me, see if you can make it to the june 25th meet @ stoney creek metro park, which is about 50 mins away from you.)





it's dark outside already, so it's kinda pointless to make pics at the moment (that, and the lethargy thing )

Jack_TL

Hi vikram patel .

go with HO 50% tint .. will be great !!

Michael A

MAKE SURE YOU READ THIS !!!!

1) If the other persons company is AAA then their is NO DEDUCTIBLE due at all .... at least that is how NY State works.

2) If the person who hit you is insured by AAA then why didnt you file a claim with that persons account ?

3) I would want to find out what type a fault % they are assigning to the claim. Because if they say the other person is 75% at fault then the balance ($34k x 25%=$8,500) is coming off YOUR policy.

4) If YOUR policy does not cover the Aspec stuff at all then technically it is YOUR personal prorperty. HOW can they tell you, you cannot retrieve your personal property from your car ?

5) Your personal property damaged in the accident IS covered without a doubt by the 3rd party claim which is the other persons policy.

You really need to make sure this stuff is straightened out because I have seen people get really screwed in your position when it comed to fault %.

Michael A

Unless you where REAR ENDED their will probably be some % of fault assigned to you.

vp911

1. They will send me a seperate check for the deductible.
2. We always file with our own insurance here... no fault state (from my understanding at least)
3. It is 100% to the other driver, I was not at fault whatsoever.
4. That is what I said!
5. So...just calll AAA and tell them I want money for this? Under his policy?

vp911

Why would there be any fault assigned to me? I was 100% not at fault.

vp911

(according to the police report anyways)

Michael A

In NY state if their is an accident involving two people with the SAME insurance company their is NO dedcutible at all.

NO FAULT is for Medical benefits only .... again this is how NY works.

Who told you the accident was 100% the other drivers fault ? By the look of the damage to you car it is questionable, again in NY state pretty much unless you are rear ended some small % of fault would be assigned to you.

I cant see how they can withold personal property from you.

I would have your adjuster or you contact the adjuster handling the claim for the guy who hit you and work it out.

It really does sound like they are not being very helpful to you. They just said flat out you are not getting paid for the $5k Aspec kit no matter if you file a claim 1st or 3rd party ?

Michael A

Unless the cop witnessed the accident it is a report of the accident AFTER the fact and is a small factor on adjusters determination of % at fault.

Didnt you say yourself that their was a malfunctioning traffic control device ? Is this documented as fact anywhere ?

If this is the fact their is no way the other guy was 100% at fault ... typically in a Tbone situation it is 10% per panel. So I would say about 75%-90% the other guys fault. However remember I am NOT the adjuster and you will need to speak with them about this.

vp911

The police and the police report. Of course the ins company can do whatever they want, I don't know the process except what people here have told me. So - of course - I appreciate your input.
I cant see how they can withold personal property from you.


Basically they are not helpful... lol

vp911

Yes the police report documented the traffic light not working. Explain how you can figure it is my fault? The kid did not stop at the light. Traffic law states if there is a malfunctioning device, you treat the intersection as a 4-way stop. The kid (at fault driver) did not even slow down at the intersection. It was my right of way - as two witnesses reported.

Why does it matter who is at fault anymore anyways? To try to claim personal property damage?

Michael A

I am not saying the accident was your fault ... insurance companies settle claims based on comparitive negligence. A "% at fault" is assigned to each party involved in the accident.

The "kid" will probably say the same thing about you ... that you did not stop so basically it is your word against his. HOWEVER if their are TWO documented witnesses (not in your car) who said the "kid" did not stop at all then you will probably have a pretty simple case as far as fault % is concered.

The % does matter because if you file a 3rd party claim for personal property against the "kids" policy they would reinburse you at that assigned %.

vp911

Ohh ok. I get it. The two witnesses were in other vehicles - not involved in the accident.
So essentially what you are saying is, I can settle the claim with my policy, then call AAA and say I want to file a claim under his policy for personal property damage?

Brewmaster

I agree with everything everyone has said regarding your after market parts ... call the state's insurance commissioner and explain the whole "we're not paying for those parts but you can't have them back" thing. See what they have to say!

vp911

How do I find the number to the state ins commissioner?

PolicyWonk

PolicyWonk

Try this one

http://www.michigan.gov/cis/0,1607,7...555---,00.html

ElmerHiggins

Yes, I agree, call the insurance commissioner. This will most likely spark a total 180 in the way they are treating you. Good luck! You absolutely should be compensated fully for this, it is clearly evident that the other vehicle hit your vehicle at high speed not the other way around, therefore that is further evidence that he did not stop.

vp911

Thanks everybody. AAA agreed to pay the additional $1000 in aftermarket parts. I think I am going to accept their offer. $34,868.

neuronbob

Congrats! Seems like a good settlement after all. Hope you're feeling better, I'm sure the settlement helps.

vp911

Thanks. The docto *refused* to order the MRI. I don't imagine there is anything I can do about that, is there? On the other hand, he did order a month of physical therapy.