After the beemer advice... (help...)

[lil_dcb7]

Im sure some of you remember the BMW I(we, my family) had a while back, and how some guy slammed right into the back of it...


Well, we are getting 7100 for this BMW

They are paying for his rental car
They are NOT going to pay for receipts presented to them(with the exception for its after market wheels)
The receipts are recent repairs and maintainence costs that were recently done. (totaling 4000 approx.)

But the one we're more concerned about, is that they are not going to pay for storage fees inflicted by the tow company.

Isn't it the insurance company's responsibility to pay for all costs that result from the accident? Including this storage bill?

[KillerCam282]

They are not required to pay storage. Get that car to your house or in the parts yards asap.

[lil_dcb7]

They are not required to pay storage. Get that car to your house or in the parts yards asap.

is there any law or something that says they can't?

[KillerCam282]

is there any law or something that says they can't?

Did you ever read your insurance policy (that 27 some odd page book they send you)?

In my Allstate policy it does not state that they are responsible for the storage of the vehicle. Usually, its transported to a body shop or an auction site. So as with anything that they do not assume responsibility for, you must.

[lil_dcb7]

Did you ever read your insurance policy (that 27 some odd page book they send you)?

In my Allstate policy it does not state that they are responsible for the storage of the vehicle. Usually, its transported to a body shop or an auction site. So as with anything that they do not assume responsibility for, you must.

Damn, even thought we're at ZERO % fault?

[Dinner_Time]

Damn, even thought we're at ZERO % fault?

Yep, insurance companies don't really care who's fault it is or how much you suffer or hav eto pay. They'll be getting more money from you and/or other people anyways. Insurance companies suck.

[KillerCam282]

Yep, insurance companies don't really care who's fault it is or how much you suffer or hav eto pay. They'll be getting more money from you and/or other people anyways. Insurance companies suck.

To further elaborate, they don't want to pay for anything, especially if they don't have too. Thus they jack up your premium for accidents. Its big business, Danny. Get the car out of storage asap, I hope no one was hurt in the accident.

[badmanferg]

Did you ever read your insurance policy (that 27 some odd page book they send you)?

probably not....take 30 mins out of your day and see what you're really covered for and what you're not covered for....

aaahhhh ignorance is bliss hope nobody was hurt in the accident

[nghtrydr23]

7100 for the bmw is pretty good few grand more u can get the newer model 7 series,

but yea insurance companies are not liable for storage fees, only liable for the actual car and people in it only..

[owequitit]

Damn, even thought we're at ZERO % fault?

I have been down this road. There may be no specific law that says they are responsible (alhtough I would expect the state of CA to have something).

But that also means there is probably no law that says they aren't.

Welcome to legal gray area.

Here is what I would do if it were me:

You are at 0 fault, which means the ball is in their court, and you have most of the leverage.

Now they are going to pretend that you don't, because if they can get off $25 cheaper, they will.

I would explain to them that since their customer HIT ME, they have incurred costs, that I otherwise would not have incurred.

I would then explain to them that storage fees fall within the realm of small claims court, because that usually carries an upper limit in the $20K range.

See, the beauty of small claims court is that many of the legal loopholes, precedents and requirements go out the window.

That gives them far fewer technicalities to hide behind.

It also gives you the option to refuse them legal council in most states. That means that at YOUR option, they have to send a pencil pusher, instead of an attorney.

That further leverages the field in your favor.

My guess would be that storage fees would probably be more appealing to them.

The trick to dealing with large companies, or most companies for that matter, is to do what they do to the little guy.

When they are in the bad position, you make them understand that it will cost them more to fight you than it will to just give in.

Since they are profit driven, they will usually pay everytime. It may take some maneuvering the get them to realize they are in a corner, but that is half the fun of the law.

Once they understand where they stand, and where you stand, it gets a lot easier to negotiate at that point.

Be prepared to stand your ground, and be prepared to fight it, if they elect to go that route.

As far as the maintenance costs, that is pretty much your loss.

The fair market value of a car is based on a good mechanical working order. If you had just recently done all that work, to keep it in good running condition, then that technically could fall into the realm of resale value.

You could try and fight harder to get full market value, but you don't have as much leverage in that area.

That is what I would do.

Unfortunately, that is the disadvantage of driving an old car. You can try and fight on the aftermarket parts, and probably have some success, but other than that, the car is only worth what the books say it is worth.