2007 Prius totaled, now fighting with insurance..need help

[narf]

Hi there.

A few weeks ago my 2007 package 5 Prius Touring was totaled in a rear end collision. (My car was standing still, the driver behind me didn't notice traffic had stopped). I'm all right, no sympathy posts needed. (BTW, I've had more close calls in this car than any other I have owned. I really liked the magentic grey color, but I think it's invisible in traffic, too close to the color of the road)

My dilemma now is proving the value of the car to the other driver's insurance company so I can get a fair settlement. Right now they are offering the NADA value for the car (about 22,000) which is about 3 to 4 thousand lower than what the few used 2007 package 5s around the country have sold for. Plus, they are refusing to cover sales tax. Seems to me they should be responsible for what it would cost to replace the car.

They have asked me to demonstrate sales prices for similar cars, I haven't been able to find this info.

Does anyone out there have any suggestions on where to find real sales price data for used 2007 Package 5 Touring in the last few months.
Any other suggetions on how to settle this thing in a favourable way would be greatly appreciate.

On the positive side, I found a dealer within 100 miles that had an unallocated 2008 package 6 touring that is already on freight status on should be in my hands by the 26th. I had to pay full MSRP, but I guess that's not bad in the days of $3.75 gas.

So, this will now be my 3rd Prius.

Thanks for the info.

[tomctomc]

Get a lawyer - or at least tell the insurance company you are going to get one. They have to make you whole. They can do it the easy way by offering a fair settlement, or they can do it the hard way with a lawyer... tell them you will sue for legal costs on top of your loss. By law they have to compensate you for your damage, however they'll count on your sense of urgency and will wave a low-ball check under your nose in hope you'll bite on a quick but reduced settlement to get the funds for your new car.

I would give them a figure that is satisfactory to you and notice that you expect a check for that amount in seven days, or they can continue the discussion with your attorney. You do, however, need to follow through on this strategy because they may call your bluff. good luck.

[bac]

Originally Posted by narf

My dilemma now is proving the value of the car to the other driver's insurance company so I can get a fair settlement. Right now they are offering the NADA value for the car (about 22,000) which is about 3 to 4 thousand lower than what the few used 2007 package 5s around the country have sold for. Plus, they are refusing to cover sales tax. Seems to me they should be responsible for what it would cost to replace the car.

The insurance company must make you "whole" again. (btw, you will want to use this term when speaking to them - they know what it means in terms of their contract) In other words, they must put you in the SAME fiscal position you were before the accident. They are, of course, responsible for sales tax and ANY other associated costs.

I had to deal with auto insurance a few years back with my gf's car. Of course, they tried to low-ball me. I responded by stating that they need to make her whole again, and also gave them several examples of similar cars and their asking prices. In the end, and after some work and phone calls, I ended up getting about an additional 3k out of them. In other words, it can we well worth your effort.

Good luck, and don't settle until they make you whole!

... Brad

[KayakerNC]

Narf,
Have you considered talking with your insurance agent? They may have some suggestions.
I think you can file a claim on your insurance and let the big-boys fight it out. That shouldn't have any effect on your rates.

[McDonald]

Check on the price at Kelly Blue Book, too.
When my 2007 Jetta was totaled, I searched Ebay for the same package it had, and printed out the prices that people had paid for it. That worked! When you do the search, click the box that says completed listings. Have you tried calling local dealerships, maybe they can give you some quotes if you tell them your situation?

Good luck with the new one, hope you got a different color!

[Bill Merchant]

Hey, Narf, sorry to hear of your hassles. Try kbb.com and look for a used Prius just like yours in excellent condition. That will give you a ball-park market price. Then use their search function to try to find a used one in your area for sale and print those listings. Getting help from your own agent and talking to a lawyer are good ideas too.

[nmrickie]

I've had a similar problem in the past with the other driver's insurance company. So I made a claim under my own company and let them fight it out with the other company. Once my insurance company collected from the other driver's insurance company, I received my deductible back. Did not affect my rates.

[RhythmDoctor]

Originally Posted by narf

...(BTW, I've had more close calls in this car than any other I have owned. I really liked the magentic grey color, but I think it's invisible in traffic, too close to the color of the road)...

As someone who will take delivery on a magnetic grey Prius next week, this has me a little concerned. I wanted silver as my first choice, but grey was available sooner.

I've had 2 similarly colored cars in the past - an '86 Acura Integra that never got hit by anybody, and an '89 Camry Wagon that was hit from behind twice - both times by drivers talking on cell phones.

I, too, used to worry that grey would be too invisible, but never felt that way with these other two cars. I'll have to see if I feel differently inside my invisible Prius.

[nwprius]

nmrickie is right!! Your insurance company should reimburse you and then fight the other company for their repayment. That is the way mine works. That is what you pay insurance for.

[dwdean]

Originally Posted by narf

Right now they are offering the NADA value for the car (about 22,000) which is about 3 to 4 thousand lower than what the few used 2007 package 5s around the country have sold for.

Narf,

If you're not getting satisfaction out of the other driver's insurance company, you should see if you can get your's to help. Isn't that one of the things that you pay them for? You don't have a relationship with the other driver's insurance company and they're simply going to try and low-ball you.

IMHO, they are in fact low-balling you by trying to foist a NADA valuation on you. That's not how total losses are supposed to be handled and they should know better, but then again they may have seen the CCC valuation and decided that they didn't want to pay that much. At a minimum, you should be able to get a CCC valuation from your insurance company.

As an FYI, NADA, Blue Book and Edmunds are all generic values for the described vehicle. The CCC valuation is sort of like finding "comparibles" in realestate, it's based on actual pricing of similar cars in your area. It is also the insurance industry standard for doing this sort of thing and there's little arguing with it (by either party.)

Having said, that, I'd ask for the CCC from my insurance company and then compare it to the NADA value that the other driver's company is offering you (this is because like I said, there's no arguing with the CCC valuation.) Based on that comparison you should be able to figure out how to procede.