Dealership TOTALS my car car while in for minor repair. What do you think?

Well many of you want to know my vehicle, but I am wanting to keep all info confidential until all of this is resolved. It is not some high end top of the line car whatsoever. Just an SUV which i had never had problems with and enjoyed tremendously.
Things are rolling but I still believe it will be a few more weeks. They did put me in contact wit a Sales Representative to see what I want in my replacement vehicle. We are waiting for their insurance company and the total loss department to make a settlement offer. Unfortunately I have to deal with BOTH the insurance company AND the dealership. Dealership has been quite helpful the past few days. Insurance Co. is a total different story. I always call them, they never call me unless they are returning my call.

@JohnnyNothappy, whose insurance company are you dealing with?

Yours?
The dealer’s?

I recently ran into some B.S. from an insurance company.
A guy ran into my car and totaled it.
His insurance company was dragging their ass and not returning my calls.
I left a message and threatened to contact the department of insurance for my state.
That seemed to have lit a fire under their ass.
They settled very quickly after that and wrote me a very nice check.
In fact, it was a larger check than I was expecting to get.

@ db4690 - Dealing with dealership’s insurance. Looks like I may need to look into that… Thanks for the info!

One more thing to db4690 - should I contact the department of insurance in MY state? OR where the delearship’s insurance company is located? Thanks

@JohnnyNothappy, I’m not sure what to tell you about your last post . . .

@JohnnyNothappy, on second thought, contact the department of insurance in YOUR state.

Give them the date, time, location of the “accident” etc.
Tell them the name of the dealership, name of anyone there who you were dealing with, the name of their insurance, where that insurance company is located (if you’re able to come across that info)

“Unfortunately” the department of insurance may not have real enforcement powers. But they do monitor cases to make sure they’re handled appropriately. And they may actually contact the dealer’s insurance to let them know that they’re monitoring the situation.

The fact (or fear) that they’re being observed may prompt the dealer’s insurance to act fairly and quickly.

The lady I talked to over the phone at my state’s department of insurance told me that many insurance companies will drag ass and then lowball you if you’re not aggressive.

Personally, I’d be expecting my own insurance agent to light the fire for me. Even if they weren’t on the hook, part of what you pay for is legal representation and they are in a far better position to deal with their own kind and cut throgh the BS. I would expect that they would even pay me the next day under collision coverage and then subrogate with the dealer and dealer’s insurance. Ain’t no way anyone needs to wait weeks to get a replacement car.

@Bing, I agree with you.

But it can’t hurt to be as proactive as possible.

When the guy hit my car and totaled it, I didn’t have comprehensive, only basic
Therefore, my own insurance company wouldn’t get involved.
I had to wage war all on my own.

That insurance adjuster and the dealer should settle this thing within a week at most unless there’s a dispute over value or something like that so I don’t understand the stonewalling.
In the case of the dealer where i worked and a car got dumped off the lift, the insurance company paid off inside of two days.

JMHO, but if it were me I would want a settlement from the insurance company and then use that money along with my own judgment to find another vehicle. Turning this thing into a deal where the dealer comes up with a replacement car leaves too many opportunities for numbers juggling and/or the possibility of some auction house reject being palmed off on you; with the end result being that both ins. company and dealer are getting off cheaper than they should. Avoid the conflict of interest.

ok4450 has some valid points.

Taking cash puts you under no pressure to accept the replacement used car they want to stick you in.

To Piggy-Back (I Hate That Term) On What OK4450 Advises. Do Some Homework While You Wait. Locate A Car Or Two, Similar To Yours, Including Miles, In At Least As Good Condition (With Some Kind Of Bumper-To-Bumper Warranty) And Get Prices From Dealers In Writing, Elsewhere.

That way you’ll know what a reasonable settlement would be and can provide evidence.

CSA

Situation is it happened right before the holidays and everyone is on vacation or things are closed, etc… it just hit at a bad time. Now with NYE and people off tomorrow, it will probably drag some more…

Have you called YOUR insurance company?? If not…get them involved quickly. Even though someone else totaled your car…it’s in their best interest to get the other party to pay.

If OP calls his insurance company, it is possible that his rates will go up. Even though it wasn’t his fault, and they don’t have to pay. It happened to me once.

Lot’s of pages and comments about nothing. The OP will get a fair settlement, already has a rental, and is in a strong position to make a fair counter offer if the first one is slightly low.

Not everyone is jaded and out to screw each other. Let’s wait for the offer to see if any help is needed.

If OP calls his insurance company, it is possible that his rates will go up.

No way no how. At least not legally. If it happened to you then you didn’t take the right steps to stop it. Every state I know of has an office for consumer insurance. You should have been able to file a complaint to get any surcharge taken off for an accident that they didn’t pay for and wasn’t your fault.

"No way no how. At least not legally"

Yes way, yes how and yes legally. This varies from state to state but in the majority of states, the insurance company can raise your rates if our vehicle is involved in an accident, even if you don’t submit a claim.

Last time I saw anything on this, New Hampshire blocks raising the rates if the car was legally parked and no one was in the vehicle at the time. I happen to remember that because my car got hit by a drink driver who fled the scene while it was legally parked, but the state I was in did not have this protection. And worse was the fact that the car did not have collision or comp insurance and the insurance company did pay any claim, just raised my rates.

Yes way, yes how and yes legally. This varies from state to state but in the majority of states, the insurance company can raise your rates if our vehicle is involved in an accident, even if you don't submit a claim.

No state I lived in - the insurance company was allowed to.

Before I was in the telecom industry I spent 7 years writing software for the insurance industry. Every state we sold our software rating package to had to account for not raising the rates when the other party paid. We sold in pretty much all 50 states.

What sate do you live in that they are allowed to raise your rates if the other party paid for damage.

I agree some states will still allow the raising of rates even if it wasn’t your fault…AND your own insurance company had to pay for some reason (like the other party didn’t have insurance). Then they may be allowed to raise your rates. NY and NH and MA I know for a fact does NOT allow the insurance company to raise your rates in this case.

In the OP’s case…the dealer is going to pay (or at least should pay). And then the OP’s rate should NOT go up.

Well, since this is dragging and the year is going to change, I hope you have a printout of the kbb and other sources of what your car was worth at the time of crash. The values drop some with the turn of calender.