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Discussion Starter #1
So i had a crash recently-(person whipped a uturn in front of me- less than one second to react before impact)- I have hagerty-(agreed value 25K) he had state farm- Naturally State Farm doesn't want to cover (in my state if they (ins) attribute even one percent to me they dont have to pay).Police Dept wont' assign fault they leave it up to ins- Other driver admits fault. State Farm says 5% my fault so too bad for me- Hagarty will pay for the crash but wants to total car (meaning stamp the title salvage/rebuilt- and I keep it) Estimate to repair is 22k. (I took it to a very good body shop who does 25K paint jobs)

I really don't want to let this car go- I want to keep this care but don't want a salvage title due to financial impact down the road-

the damage is - L front- needs grill and assoc parts, L fender, L door and hood/valance, windsheild, radiator support and radiator, and the Left front inner fendor apron- but all gaps everywhere including cowl are good. Estimate included painting the car except for deck lid- There is a possibilty L frame rail may need to be pulled down but may not- we haven't measured it but it was put on the estimate-

Hagarty Adjuster said I should have valued car at 40-42k- so this the real issue- It wouldn't be financially totalled if I had upped coverage. In NC the wording is if the insurance pays out more than FAIR MARKET VALUE- its totalled- Fair market per their adjuster is 40-42. But agreed value is 25k (which again is my bad- but I never thought it would be me, and I didn't keep up with market value since its not for sale)

So I have 2 choices that I need some opinions on-
1- Let Hagarty pay the bill and stamp title (I offered to "pay the estimate down'" so as not to total- or to buy parts (NPD) but they declined ) The car gets fixed and is worth less in my mind due to salvage title- 42 minus ??
2. Tell them to keep their money and fix it my self- (I figure I could let the shop put her on a frame machine- pay that if need be) and then buy parts and fix myself- I painted the car with a buddy the last time anyway- I have the tools, and skillset- Then the car is done w/o salvage title but I am out prob 10-k ( I think I can do for 5-6k in parts + paint/beer money)
3. Take the full 25k and walk away- (I just can't do this- its way to nice a car- and the wife and i really enjoy it)

I have seen alot of stangs cut up and in bad shape w/o salvage titles- this car is rust free and was all orignal body panels- so I think salvage title is gonna scare people (no plans to sell anytime soon) hence my questions. Even with pics I think it will be percieved as a cut up monster

What says the board? What would you do?
 

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What about option 4 - they pay you out $25K and you buy the car back and fix it for way less than $22k

IMO, too much emphasis on "salvage" here. If you have zero interest in selling any time in the near future, it doesn't really matter. Keep all the documentation from the adjuster and the shop that does the work. This looks like a very light front end hit.
 

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Agree with Hemi killer. Get your repair, and keep the salvage title. If your going to keep the car, its does not matter. When you get it all done, and later later decide to sell, just show the paperwork and explain what happened. Not sure it will effect the sale, but you will have the car.

If you have the skillset to fix it, then fix it. You may lose a couple of bucks but you will have a non salvage car if that is what is important.
 

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Consider consulting an attorney and filing a suit to have State Farm fix the vehicle and a claim on either policy for Under-insured Motorist with the appraised value of the 42K.
 

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Titling law is the purview of the State, not the insurance company. If the STATE says that a title need only be branded "Salvage" if the insurance settlement is greater than FMV then any reissued title should be "clean". Yes, since Hagerty will be compensating you for what is a "total loss" since the repairs exceed the limit of coverage then you'll need to negotiate the "re-purchase" with them. That's just my opinion, though. I would contact your State agency responsible for Titling and pose the question to them, directly, in an e-mail if possible so you can get a reply "in writing".
 

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i wouldn't worry about a title mark on a classic car. Just document the why and repairs and it shouldn't matter even 5%.

If you can weather it, don't take money from anyone for now.
You might ask you own DD policy about using an Un/underinsured provision of your own stuff.
Attorneys are good to have as friends, they know the best lawyer jokes and can sue for next to nothing. Find out if your state allows small claims in this instance and start that for the max allowable as soon as possible will push the driver to push their insurance. They might even claim 100% responsibility if possible to not lose a dime out of pocket.
 

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Sure seems like Hagerty would be motivated to go after State Farm for payment, since that driver admits fault. It might require you and/or Hagerty to be in direct contact with that driver.

But then again, while all may be fair in love and war, neither of those has a damn thing to do with car insurance.
 

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Option #4 Negotiate with Hagerty to reduce the claim to 10K which you think you can fix it for and not salvage the title.
 

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im a agent.

to me does not look like like a total. but im not an appraiser

who says your state says no liability for even 1% at fault. If the SF adjuster made this statement ask them to back it up.
also call you state Insurance department for clarification on the automobile law that says this.

its along road but you s/b pursuing with state farm for the full appraised value of the car up to the repair cost. this will leave Hag out of it and also your title

even if at the end you negotiate it down and say it cost you a few thousand out of pocket your title will remain in tact

but this should not be the case. if they say its 95% the other guys fault they ought to pay you 95% of the apprised value up to the max repair cost

i say this is the long road because you may need an attorney to force them to take responsibility

Once you get the details from your insurance dept on the laws you can file a complaint with them against SF. they may be able to intervene and and get you full recovery

the other choice is take the other guy to court and this will force SF back on the case and to take action or make a settlement

many if not all times easier for them to settle than to litigate. they know this and when the other person gets served with the summons SF tune may change in your favor

the worst part is either way youre going to be without the car for the forceable future
 

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I remember being taught that the driver behind is always responsible for allowing room/time to stop the car when needed. Since you were the car behind, you must assume some part of the responsibility. I'm only saying this because it is the way I was taught my responsibility when I learned to drive long ago. Anyway, I agree with the others that if your best deal ends up being the total then buy back, that financially you'll still be ahead to go this route then repair the car for much less than the 22K. If afterwards you don't like it due to the status on the title, sell the car then.
 

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Discussion Starter #13
So far they aren't willing to Not stamp title either for option 3 or 4 (keeping car and they pay to repair)- I don't really have the time to fix right now as we bought a new house and 12 acres a few months back- I could but its one more project- So if it was a nice car and fixed correctly- with pics to prove- no one here would be worried or run away from purchasing? I am not gonna sell as long as I can drive it (49 y/o now so hopefully keep till 70ish depending on mind/body- I just didn't wanna screw myself down the line)- So far I am not doing anything till I can figure it all out and pending my appeal to state farm-

I guess bottom line for me and all other VMF'rs is go high on your values with hagerty or other collector insurance- That would have saved me alot of lost sleep- Damn- this was a super nice car with all original body panels, interior, and engine hasn't even been rebuilt. Only paint and top (and wheels/tires) were not stock. Oh well-
 

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Discussion Starter #15
I thought about a lawyer- but the other driver is twice divorced paying child support to three- he was driving a 2005 focus not his car but his sister (so I doubt there is much there- but I am willing to discuss with an attorney )

Yes it was state farm that mentioned the 1% rule- I will search that and verify-

I see the logic in my fault being not able to stop but I literally had < 1 second (it seemed like 10 seconds) at the time- so much so we hit front to front- he barely left his lane when we hit- I saw him at maybe 40 feet away (traveling 30mph =44 feet per second) and hit him full brake/slight turn to avoid but no time) There was a truck to my right blocking my view of him and he couldn't see me due to the truck (he did have a yeild sign and a blinking caution light- and he admitted as much. Oh well- I will upload another pic for VMF viewing pleasure (or cringing)
764363
 

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why do you care about the other drivers financial and personal situation. he has insurance. only issue i can think of is that if hes that broke he may not be carrying high enough property damage limits to cover your end. if thats the case then you'll have to collect direct from Hag b/c if you put a judgement on the other guy it will go no place fast
 
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First thing "I" see is YOU are driving down the road LEGALLY and someone does an ILLEGAL u turn in front of you and YOU are 5% guilty? How could you lose the 5% , STAY HOME???????? The other guy made the accident happen to YOU.
A friend was waiting at a red light . When the light turn GREEN he began to accelerate and hit a person who RAN THE RED LIGHT!!!!!!! The other insurance co ( GIECO) said my friend was at fault for hitting THEIR guy!!!!! WTF? How could he avoid it when their guy was ILLEGALLY in the intersection?????? My friend contacted a "TV" advertising accident attorney and the matter was settled in TEN days after dicking around for two months with GEICO.
Get an attorney that you only pay if you win. There are plenty willing to do so.
 

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If you really want to keep the car ? start with a realistic repair estimate. Brian
 
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I thought about a lawyer- but the other driver is twice divorced paying child support to three- he was driving a 2005 focus not his car but his sister (so I doubt there is much there- but I am willing to discuss with an attorney )

Yes it was state farm that mentioned the 1% rule- I will search that and verify-

I see the logic in my fault being not able to stop but I literally had < 1 second (it seemed like 10 seconds) at the time- so much so we hit front to front- he barely left his lane when we hit- I saw him at maybe 40 feet away (traveling 30mph =44 feet per second) and hit him full brake/slight turn to avoid but no time) There was a truck to my right blocking my view of him and he couldn't see me due to the truck (he did have a yeild sign and a blinking caution light- and he admitted as much. Oh well- I will upload another pic for VMF viewing pleasure (or cringing) View attachment 764363
Some clarification ... in which direction was the other car going before it turned? and in which lane? which lane were you in?
What state do you live in? As I recall, only four (4) states still have contributory negligence (where 1% negligence on your fault negates your right to collect anything). Mine - MD - is one of them.
Don't trust Snake Farm's statement. Check it out yourself.
Also, check with your DMV and Insurance Commissioner about the salvage issue when the damage is less than FMV.
 
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