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Rusty
Suggestions, anyone?

QUOTE
My revised letter is below.

Sincerely,
Rusty "Bite my purple butt" B.


I had to leave the closing, though.
Gint
I like it. Especially the "Bite my purple butt" part. wink.gif

I've found the best way to handle a situation like this is to work with your insurance company and let them go after the other insurer.
DonTraver
The "Bite my purple butt" made me laugh, but you might want to remove that until later. You might put a para in there that if the claim isn't satisfied to your satisfaction that you'll hire a lawyer and sue them and their insured. Small claims court goes to 5k now, sue them both separetly, that way you might be able to cover the complete cost of repairs and lawyer fees. Just make it clear that you won't sign a release until you're satisfied, period.

Also, go to the claims adjusters boss, worked for me. Then go to his boss, if you become a big pain, eventually they'll want to get rid of you and settle, squeaky wheel thing.
ClayPerrine
I like the "bite my purple butt" comment.


If you need someone to act as your agent in court, let me know. I can handle that for you. (yea, I know Pam will do it for you, but I thought I would offer).


Keep your head down....
Lou W
I like the "bite my (aubergine) purple butt" comment, but I'd probably take that out biggrin.gif


I think the letter is very good, but I think Don has a good point maybe use that in the next letter. I hope things work out for you.
Rusty
I'm not sure I want to threaten with court just yet.

I have no problem being an asshole, but if I start off completely offensive and they refuse to budge, I have no fallback position.

I wish I knew more about exactly what happened. I'm still in the dark as to how it happened. dry.gif

-Rusty smoke.gif
Richard Casto
Only comment is that you mention that the car was painted a rare color by the factory (implies value to factory paint and not color) and then in the next sentence describe how you recently removed that factory paint and then repainted.

I would reword to indicate that it has a rare factory color that is desirable among collectors and that this adds to the value. Then mention that you recently professionaly stripped and restored the car in this same desirable color. This way it doesn't sound like you decreased the value of the car yourself prior to the accident by removing the factory paint.
Chogokin
I'd pump up that $9,000 a bit, hell just go to autoatlanta.com to show some crazy high prices to back up that number!!
Dr Evil
If you can find the POS that sold on Barret-Jackson no too long ago you can use that for leverage. biggrin.gif

I would expect that if you ask for $4750 they will still try to lowball you some more. They will know that litigation is costly and that you will not reclaim more than that after fees. I dont know about the small claims court thing. The limmit on dmages is different in different states. Can you sue the guy if he has insurance? Can you sue him for the rest that the company does not pay?

Its good to leave out the details of where all of the work was done on your car wink.gif More of a bargaining chip if they think it done locally.

I think your tone was good for a first letter. In the second, if/when they anounce their semi final position, you can unleash the hounds. When my bike was totaled I wrote a 5 page letter to the adjuster with a 2 page section vividly, scientifficaly, describing how my repaired fairing would be substandard and would casue speed wobbles. I still have it, its a good read.

Good luck man thumb3d.gif
Dr Evil
agree.gif AA is a good idea. After all, they are "914 world headquarters!"
newto914s
I agree with a lot of what's been said. Call your IC and see what they say. Send the other IC info or links to equally valued cars, us AA for something good. Many ICs base their settlement values for cars that are totaled by how much it would cost you to buy a complerable car. So your car would fall into the high NADA value(I think $7500 now), plus backed up by info on cars selling for more. When they see this it becomes finacially rasional to cut a check to repair the car. Definaly ask for more than it would cost to repair, and if possible, get a quote from a shop. Basically, ICs will give you more money, they are really just happy no one got hurt. Not because they have a soul or humanity, but because medical bill add up fast. Basterds! alfred.gif
Good luck
Dr Evil
Oh ya, for sure involve your IC. If like many military (and ex military like me) you have USAA I know they will help a lot. I had them help me on many occasions.

Only problem with gettin a shop claim is that Rusty is in Egypt.
fiid
The tone of the letter seems fine to me - just my 2 cents.

One thing I would watch out for though is that Small Claims Court can have some fairly tight statutes of limitations; especially if it was a government body that caused the damage. San Francisco delayed contacting me about something which happened to my car for 6 months so that they could get past this rendering my options as severly limited (and ultimately stiffing me for the damage repair when it was obviously their fault.)

Anyways - the upshot of it was that my insurance company duked it out with them on my behalf. Cities and insurance companies both have lawyers on staff which deal with this shit all the time (whilst making yups of dough I'm sure!) so I would be inclined to heed the advice of the other member who recommended working through your own company.

Just my 2c though. YMMV. Hope it all works out favorably.
2-OH!
Rusty:

I would provide the latest figures provided in Excellence magazine as they are argueably the only legitimate source of values in written form and recognized by the Porsche community...Take the approach from a "Collector Automobile" position instead of a banged up 30+ year old car...The latest issue of Excellence talks about the rareity and becoming even more scare of the 356, 912, older 911's and the venerable 914's...

The insurance company thinks it is just another auto claim, not a "Collector Automobile"... All your correspondence should take this approach...

Whatever happens, you and your Insurance company control the situation, not theirs...In my opinion, they really have no say in the matter...They damaged your "Collector Automobile", now this is what it cost to make it whole again...End of story...Be firm, insistant but absolute...

At the end of the day, make sure the storage facility understands that you will settle with the insurance company and anything not covered will come out of their pocket...Sue one sue em' all...

2-OH!
914-8
Change "almost $9,000" to "over $9,000."

You never want to phrase the number so that you give them a "cap" on the upside. Always keep the upside open.

The letter is fine, but it is missing the stuff that they really care about, and that really gets the number up. COMPS. You have to give them examples of similar cars for sale, and, if possible, examples that have sold (that is harder, and not completely necessary).

Use AA cars as an example, they are always priced high. Or pick out ads of similar cars that are priced high. Explain exactly why your car is worth as much as those. Enclose copies of the ads with your letter. It's those kinds of details, documentation and specifics that get the value way up. Just saying "my car is worth more because I did a bunch of stuff to it and these cars are getting more rare" carries very little weight with them.

Finally, if it doesn't work, having a lawyer send the letter on his letterhead works realy wonders with insurance companies. It shows you are serious and gives them some downside risk.

I helped a friend get his number up after he totalled his 80s carrera. From what I recall, we got the number up from their initial offer of $15K to around $28K!
GWN7
I'd change "my 1973 Porsche 914 Targa was struck by your insured" to my 1973 Porsche 914 Targa was struck by your insured Mr. Dickwad while parked inside a garage.

So.Cal.914
They like numbers, you can get prices for parts on the internet, and a price for a

certified welder per hour (I am sure there is one here that can give you that info),

a trained bodyman per hour, a painter per hour. Come on guys, more body work and

cosmetic has gone on here than in Hollywood.
wbergtho
Ask for more money. They want to give you $3,227. You want $4,750. The simple reality is they will offer you something in between...say $4,000 (after much bitching & cussing). Ask for $5,750...quote AA prices, Excellence 914 values...and don't budge from your position. Persistance & patience will net you a check for the full amount of $4,750 or more.
Rusty
News Flash: The insurance lady got my work email address (from my landlord) and contacted me late last night. KMA.gif

QUOTE
I have been unable to contact you concerning the total loss of your 1973 Porsche 914 due to the accident of 04/01/2006. Please contact me at your earliest convenience at the above listed number extension 81048 between the hours of 8:00 AM and 4:30 PM. It is important that I speak with you as soon as possible so that I can promptly handle your claim.

Thank you in advance for your cooperation.


That's a fairly offensive email, IMO. She starts off by stating unequivocally that the car is a total loss. flipa.gif


Thank you to everyone who chimed in. clap56.gif

I've incorporated a number of the suggested changes into my letter. Because this is an open forum, I'm going to delete all references to claim amounts from the letter.

As I've said before, I don't want to make money on this transaction... but I don't want to get bent over a barrel, either.

QUOTE
On April 1st, 2006, my classic 1973 Porsche 914-4 Targa (that was in storage) was struck by your insured, Joshua Jerkoff at 666 LowballAgentsSuck in Manhattan, Kansas. My vehicle was struck in the rear end, with visible damage that includes the rear body panel, rear trunk lid, chrome bumper and rear trunk floor.

I recently received your letter of June 23rd, 2006, in which you offered me a settlement of $3,227.50, with an offer to keep the salvage vehicle for a cost of 230.10. This offer is well below what my collectible Porsche is worth. Clean, non-rusted, Porsche 914s without previous accident damage, like my car, have become very rare in the last ten years. There are many examples of cheap, rusted cars, but true surviving cars of this model command high prices.

To add to the value of my collectible automobile, it was painted a non-standard color, Aubergine, at the factory. Aubergine was a special-order color in 1973 and is highly desired by collectors. Within the last year prior to your insured's accident, my car was professionally hand-stripped to bare metal and restored (primed and painted) to its original deep purple color. Also within the last year, my Porsche 914 received new Koni adjustable shocks, new stereo & speakers, new carpet and new upholstery including a hand-stitched, recovered dashboard.

I estimate the value of this classic Porsche at over 9,000. Declaring my automobile a total loss is unacceptable. Based on detailed pictures of the car, I estimate the cost of repair, including replacement parts, labor and paint to be $X,XXX. I am not willing to accept any settlement that leaves my car with a salvage title.

I am currently deployed in support of military operations in the Middle East. Because of the careless actions of your insured, I've experienced inconvenience and disruption of my professional life. I wish to settle this claim in a manner acceptable to both myself and your company.

My damages, as listed above, are $X,XXX. I request final settlement of my claim in that amount. Please respond to this demand with an offer to settle within 15 days.
GWN7
As she has been unable to contact you, tell her she can drop by your office to discuss the claim anytime....just make sure she knows to wear body armour when she gets off the plane wink.gif
Dr Evil
av-943.gif I like that
Joe Bob
I would add ......that due to your deployment status that you will have no other choice than to hire an attorney to represent your interests and/or go to the State Insurance Commissioner if the company insists on fuching you around......

If you prevail, attorney costs are added to the settlement, fines can be added to the cost recovery by the State Commisioner, and her hairy little bonus will be a little short because she screwed with a CHIEF WARRANT OFFICER of the US ARMY.....HOOOORAAHHH.....

Also tell her you gave me her number and address and I have frequent flier miles....
Rusty
smile.gif An excellent negotiating tip...

I had planned on using my rights under the "Soldiers and Sailors Relief Act" as a way of avoiding any statute of limitations, but this is so much better. smile.gif

-Rusty smoke.gif
Rusty
QUOTE
Also tell her you gave me her number and address and I have frequent flier miles....


I could give you her fax number... and you could wardial her fax machine with pictures of your hairy ass... lol2.gif
GWN7
QUOTE(Lawrence @ Jul 14 2006, 06:14 AM) *

QUOTE
Also tell her you gave me her number and address and I have frequent flier miles....


I could give you her fax number... and you could wardial her fax machine with pictures of your hairy ass... lol2.gif


You don't want her to go into a coma? blink.gif laugh.gif
Joe Bob
Mmmmm, full color faxes eat printer cartridges....especially ful rez to get the subtle nuances of the fine hair follicles....
norustscott
Iwent through the same drill just a few months ago with a 90 vanagon carat. it was cherry and a great driver, the total loss check came in well under market value. 2000K This is because all insurance companies subscribe to a service to evaluate and value the loss. These systems are notorious for unervaluing the claim. The ONLY way to make this work for you is to document document document the market with bonified examples of recent or current sales of similar vehicles...They are completely used to and expect name calling and insults...they hang up and laugh at you....Btw, your insurance company will not help here as they subscribe to the same process for assessing the vehicle value....it will come back within 10% of your current claim settlement.

To make a long story short stick with the facts. Make it known that you are in this for the long haul. Document everything, and always try to escalate to someone who can make the decision.

I went from 2k to 5k on my settlement and it took about a month of calls and mailings...

good luck.

Scott

Rusty
I got a reply from Ms. Friendly Claims adjuster...

She offered to repair the car, as long as the bill did not exceed 3000.

I told her no thank you and that I'd be looking forward to hearing from her.

smile.gif
Aaron Cox
what do you tell the insurance adjuster when she has two black eyes?

























Nothing! you told her twice!!! chairfall.gif
newto914s
QUOTE(norustscott @ Jul 14 2006, 07:08 AM) *

Iwent through the same drill just a few months ago with a 90 vanagon carat. it was cherry and a great driver, the total loss check came in well under market value. 2000K This is because all insurance companies subscribe to a service to evaluate and value the loss. These systems are notorious for unervaluing the claim. The ONLY way to make this work for you is to document document document the market with bonified examples of recent or current sales of similar vehicles...
To make a long story short stick with the facts. Make it known that you are in this for the long haul. Document everything, and always try to escalate to someone who can make the decision.

Scott


When my driver car was totaled 4 years ago my IC(progressive) determined the value by calling local dealers to find out what comperable cars had sold for off their lots for resently. After a couple of converstions with my adjuster I got the impression they were going to pay me what it would cost to buy my same car again. For me it worked out well. It was a Geo metro I bought for $500, they first offerd me $1200 and I talked them up to $1500.
Basically, if they are going to total out your car you HAVE to get what it's worth, and don't stop till you do. When they realize $5000 for repairs is less than $9000 for another 914 you'll get what you want.

Good luck
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