My R53 was drowned by Hurricane Sandy , and the insurance company (USAA) only wants to pay out as if it were an average Cooper S. Because the R53 JCW cars (except the GP) were made into JCWs after delivery, there is nothing embedded in the VIN that reflects the car's JCW-ness. Thus, I can see what the insurance company is using as a starting point for their valuation-- except they are also using it as the ending point.

The problem is that they don't seem to have any employees who understand that a car's specific trim level and option packages go a long way in separating average and high-value examples of the same model. My car was a full JCW car: engine, suspension, brakes, aero kit, etc. It also had every factory option except satnav. And I'm not even at the point yet where I start arguing for the value of the LSD, camber plates, and other non-aesthetic aftermarket gear.

My argument, which I believe is sound, is that if the insurance company were to search for comparably equipped R53 cars (i.e., among JCWs only), they would easily see that my car is worth $4-5k more than they are offering. But they are just stuck, like a scratched record, on the VIN only.

I recall that the MINI dealership computer system has the capability of pulling up all my options, recall work, and stuff by VIN, because at one time a service tech showed me that stuff. It also showed that I had JCW components, since that would affect how they service the car. I've tried calling several dealerships, and they claim they aren't allowed to show me that stuff. Is anyone here capable of helping me get this information? If USAA doesn't change their tune, I will eventually take them to court and subpoena that info from MINI anyway.

The odd thing is that USAA has always been one of the best insurers, but this time around they are rude, difficult to reach, and just plain ignorant about cars in general. About 10 years ago, my Honda CRX was totaled and they lowballed me then as well. However, they immediately reevaluated the claim when I showed them that it was impossible to buy a CRX Si for anything less than double what they were offering-- so they paid me double the original offer.

On a side note, this should be a warning to anyone who owns a pre-2008 JCW car that does not have a VIN reflecting the JCW as a distinct model.

 

One thing to think about is you were only paying premiums on a Mini Cooper S per your VIN, not a JCW, so they really aren't going to care for your package if it doesn't decode with the VIN. No point in taking them to court because the first sentence is exactly what they're going to say. Its like buying a stock Mustang GT, adding $15k of Cobra components, then asking the insurance company why they aren't valuing your car against a Mustang Cobra(you don't want to see that guys premiums FYI)

As for your aftermarket non-aesthetic goodies, most insurance policies cap (some policies offer none at all, although that's mostly non-standard) the amount of coverage for additional equipment. Check your policy under comprehensive coverage (in your case).

What you can do, request copies of their comparable vehicles and review them. Also, I'd start looking for other Mini Cooper S with the JCW pkg like yours that are for sale and even better if you could find some that sold recently. After all, anyone can put their mini up for sale for $100,000 and dream. While you're at the Mini dealership, get a print out or invoice of all the parts that make your car a JCW for them to address.. at least in your additional equipment coverage.

Some auto insurance policies have an "appraisal clause". This clause states that if you do not agree to their appraisal, a third party can be used. Ask about that.

Lots of info. I'm an auto insurance adjuster myself, so I could go on and on. Good luck!

 

That also happened to me as well in a flood which drowned my fully track prepped Lotus Elise. More than 20k in race parts in the car. They paid me like it was a typical average car with very little adjustment upward for the added equipment.

Sad to say, I did not win that one since I was in Hong Kong negotiating with them via e-mail and long distance.

 

^ To the guy above.. not to come off as a smart a$$ or anything but just a question. Would it been ok for your insurance premiums to increase with the added 20k in mods added to the car?

To the OP I hope you get everything sorted out.

 

The difference between me and the guy who builds a Mustang Fauxbra is that the true Cobra exists as a separate model with a unique VIN digit. There was no separate JCW model in 2004. Unfortunately, BMW is notorious for their vague corporate policy on how their special editions are treated: as separate models with a unique VIN, as factory-installed option packages, or as post-delivery modifications. Take the M6 vs. M635CSi situation, or the Alpina BMWs, for example. For an insurance company to pretend that a model has no cachet and added value just because it shares a few VIN digits with more common variants is naive and unsupported by the used car marketplace.

Also, the insurance premium I pay is based on the questions my insurance company asks me about the car. If they are so ignorant about cars that they fail to ask if my car was equipped with certain OEM options, that does not absolve them from their responsibility to cover my loss.

My policy has a $3000 limit on aftermarket accessories (unless you buy a rider), logically implying that aftermarket parts up to $3000 are covered. So that should take care of the Quaife LSD, Helix camber plates, Rota wheels, etc.

Ah, yes, here's another problem. They used only two (2) cars to compare mine against, and neither had the panoramic sunroof nor the premium package! They are trying to value my car based on those in the local area, which is a problem. In the Deep South, there were very few MINI dealerships until the R56 was released, so there were few R53 sold new. Since most southern MINI owners are females wanting either a cabrio or a plain-vanilla Cooper, there isn't a lot of demand for a high-performance model like mine. I told them they need to expand their search to the entire USA. Coincidentally, I bought my car in SoCal because it was the only one in the country that met my specs.

And you raise yet another issue: the insurance company is using retail trade-in value, not sale value, to assess my car. This is fallacious because it fails to acknowlege the price effect of desperation. Someone trading in a car has decided they do not want it anymore. The dealership accepting probably doesn't "want" it either, and they will only accept a value that allows them to make a profit. My situation is the exact opposite. I did not want to get rid of my car; it was taken from me. Thus the only value that is acceptable to me is the amount required to replace the car with an exact duplicate.

 

Have to remember that insurance companies are in business to make money, with my wife's car, we had to fight tooth and nail with the other guys insurane company when they came to adjust it (it's in a previous thread of hell on here lol) and tried to use a ******** excuse about the maximum his car would payout, which after being appraised exceeded the amount they were willing to pay to have it fixed, so the guy was more then eager to cut me a check right there. I finally gave in and got my insurance company to fight them. Funniest thing is I still had to be on time with m/y insurance payment on the car while it's in the shop, yet the letter I got last week said it could take up to a year or more to get my deductible back, amazing how slow things get when money is given and not taken.

 

The key is challenging the comps. My company (California Casualty) uses three comps. Is two standard for USAA? When I had a car totaled last year, I did not accept the settlement offer. I asked for specifics on the comps and they provided them. One of the adjustments, based on options and mileage adjustments, simply made no sense. I questioned it, and the total loss agent immediately said "you're right; that doesn't make sense, let me go back and consult with the person who did the calculations." She got back to me later that day, with an offer several hundred dollars higher. I thought it was really fair...after all, I agreed with the way two of the three comps were calculated.

Again this past week, I received a total loss offer on another car (my son was rear ended into a third car...ouch!). It was right in line with cars.com pricing on comparable cars. So I didn't even ask to see the comps.

It might pay to focus on the options that are not "wear and tear" type items, but add long-term value to the car.

Did you have any recent expenditures? I had dropped $700 on a new power steering pump about 10 days before the most recent accident. When I mentioned it to the claims adjuster, she said I should send her the receipt. They added the $700 to the settlement offer. I have no idea what timeline they use for reimbursing this type of expense. For example, it might be limited to no more than 30 days prior to the accident. If it is standard in the industry jrexer might know.

Finally, I agree with the posts about your lower premiums. You need to focus on the $3,000 range as stated in your policy. Good luck.

 

USAA is usually pretty good....
all REAL gen1 JCW cars were assigned a serial number for the kit it was sold....so MINI does track this, but unless it was dealerinstalled, it might be called an add-on...
hate to say it...were you paying premiums for a stock s or the jcw?
It seems 70% of folks who say they have a JCW just has a few bits, and not the bonified kit..JCW cars were kinda rare due to cost, and sometimes it seems every kid with a pulley, exaust, tune, and intake will say i have a JCW, then try to sell it...then it get perpetuated owner to owner ss the car moves on.....so provide a serial number and jcw dats plate, and then info from mini, and i think you will be ok...usaa has never let me down yet....you might have the past bills adjusted if you were paying S premiums, but just work to show them paperwork.

 

Whatever number you settle on, buy the car back. Always. You'll make out vastly better if you buy it back and either part it out or sell it whole. Obviously you'll have a salvage title, which you should disclose to a buyer, along with the circumstances surrounding its demise.

 

^^ +1, at least with a Mini, a salvaged out car is viable as a Track Car, unlike so many other models.

 

They knew about the car and the purpose of the car. And I paid plenty for insurance. What they said was aftermarket parts or bolt on parts do not hold value.

 

Depends on how badly the car is damaged. Sometimes they would not allow you to do that.

 

You're calling your car a "JCW", but for insurance purposes that isn't relevant. Technically, you have a standard S with parts that were installed aftermarket (doesn't matter whether the parts are JCW). It comes down to what your policy says is covered. A typical policy covers a factory stock car and anything else is additional coverage you must purchase. It's the same if you install a $20,000 stereo and want it covered by insurance.

 

I had a similar low value problem with Allstate when my 2003 MCS was totalled in 2006. After much negotiations I got the value up to an acceptable level and was also allowed to remove aftermarket parts from the car before it was taken away. I created a spreadsheet showing the original price of my car and the price of every option. I compared that to the comps the insurance company was using to value the car to show them why their price was low. I also got my own comps using auto trader and showed how my car compared based on options and mileage. I then added the aftermarket parts onto the value. My insurance also had a limit on aftermarket parts so I was able to remove some aftermarket parts (such as Big Brake Kit, Camber Plates, sway bar, CAI) and re-installed stock parts where it made sense.

Allstate realized they did not have the expertise to properly value the car and then had an independent adjuster evaluate the car. He was still too low but much closer. I was able to negotiate above the independent adjuster value.

I was the original owner and had receipts for everything so that might have helped.

Good Luck.

 

Receipts really do help.

 

My truck was stolen and recovered in a couple of days years ago. They low balled every thing damaged... went through 3 adjusters and two body shops to get the vehicle serviced the way I liked.

A couple years back someone decided to hit my car and ran off. Responsible neighbor saw this happening and got the license plate number. Called the cops and found the dude with the vehicle parked in his driveway damaged.

I found a body shop whose service writer was also the adjuster. He had incentive to fix the vehicle. And they don't know much about the stuff that I had on my Jeep. My truck was heavily modified at the time, I got a brand new modified axle, new bumper, ...... I ordered all the parts for him. Some I had to install because they didn't know how. They paid for my labor directly at what their shop hourly rate was. Ended up in over 8 grand in claim on a truck over 13 years old.

I personally think from those two instances that as long as the adjuster is willing there is way to achieve what you are after as long as the claim is legit.

Fight it and get it!! Rooting for ya!

 

Find cars for sale with the same mileage and same options as your car and send the listings to the adjuster. I just went through this for my Saab, which they lowballed the price by $2000. After I researched some listings and sent them over to prove to them that the market value of the car is higher than what theyw er eoffering, they settled at the price I was asking based on the avaerage of the prices of the listings I sent. Mind you here in Canada they base the write-off value on true market value and not book value, i'm not to sure how it works over in the US.

 

my most recent renewal from USAA, you know ... that stack of papers you never bother to read ... had a notice about changes to their coverage of 'add ons'

 

Funny thing, I also had just replaced the P/S pump, along with a bunch of other repairs totalling over $2k just a few weeks prior.

I think you miss the point. USAA does not charge higher premiums for a R53 JCW because it doesn't have a unique VIN like the R56 and later cars do. This has no bearing on whether the car is covered for those parts. They have already acknowledged this to me. I have the JCW certificate, serial number plate, etc. The problem is that there is nothing in the MINI USA corporate computer system to reflect this, unless the MINI service reps are lying to me.

I already told them from Day 1 that I wanted to buy the car back, but they say that it is impossible because it is "illegal" to sell flood-totaled cars as salvage vehicles. I will deal with this debate later....

No, it's not the same. The JCW parts are OEM, which is the exact opposite of "aftermarket". They just happened to be installed "after delivery". All OEM parts are covered under my policy. The $3000 cap is on aftermarket parts. And calling my car a JCW is relevant, because that's how one distinguishes my type of R53 from the others on the used market, which in turn affects the insurance valuation of my car. In 15-20 years, when cars like mine are crossing the block at auctions like Barrett-Jackson, all interested bidders are going to call it a JCW. And it would command a higher price than an R56 model because a complete R53 JCW is not only a better car, but is also much rarer given the fact that, as you mention, so few people actually bought every JCW bit for their R53s. The market price for these cars is already reflecting this fact. The problem is that the insurance company assumes that all cars follow a y=1/x depreciation curve, while cool cars with collectible value actually follow a y=x^2 curve.

 

I hate dishonest people. I get a sense that your adjuster is f Ing with u.

I wonder what the insurance company is going to do once they pay you whatever amount they decide to pay. They are going to keep the vehicle in a jar so no one can ever touch the vehicle. They are going to sell the vehicle to salvage yard of course. How is that different from you buying it and selling it for parts?

I could be wrong but I would first demand a piece of document stating that specific law that it is illegal to purchase a flood damged vehicle. If they can't show you that it is NOT their responsibility to enforce a law that doesn't exist. In fact that is a discrimination and I would take that up the chain of command.

Ask your adjuster to just briefly write what he told you in a letter that it is illegal to sell you a flooded vehicle.

Stop wasting time and demand to speak to regional manager or yet demand them to write a letter stating their position so you can take it to the court so you can show in front of the judge. Your word vs their word gets messy quickly and you will lose in a long fight. Every time you have a conversation with your adjuster ask him if you can record the conversation with him. If he doesn't ask him why not. Report that to the regional manager.

Catch them on their misbehaviors and demand what is rightfully yours.

You need the dealer statement saying you have a JCW otherwise you have an S with factory JCW parts.

Worst case pick up an S and tell them to put factory JCW package and make it look just like u had.

 

Just to add. I am a USAA member for years now. I will say over the last three years we have moved all our insurance away from them. My lics is clean, but they wanted ovet $100 more a month than Alstate when we got our Altima, and we reshopped them when we got the mini and was floored!

Two people in my development has lawsuits against usaa because they do not want to cover a "covered event". One guy had a truck drive across his yard hit his house, destroy his leach field and hit his well. Usaa is calling it three incedents that happened within 20 seconds, and saying thy owe 3 deductibles.

I say all that to say... Congrats, welcome to the new usaa :(

 

Practice your breathing, be patient and firm. Do not cave. If they persist in trying to low-ball you, get in touch with your State's Insurance Commissioner and the Better Business Bureau in addition to your attorney. Do you still have your window sticker or does the dealership that sold you the car have their copy on file? Search AUTOTRADER and eBay for similar cars to aid in documenting value. Get a certified appraiser to furnish a retail value before the storm. Do you have recent pictures of the vehicle to substantiate condition? It all helps your case and makes them realize that you're not going away. Hang tough!

 

It's interesting to note that several other USAA customers have also mentioned to me recently that they have experienced drastically declining service. And while I was at the DMV the other day to obtain a copy of my MINI's title, the lady there also said that USAA has become difficult to deal with on the professional side of the house. Someone just mentioned that USAA recently opened up the gates to any customers, not just those with a military affiliation, and that this is whatis responsible for their decline (I don't know whether this is true or not).

I do have the window sticker, and I've sent it in to them already. But it doesn't show the JCW kit, since the car wasn't delivered that way from the factory.

 

I've been a USAA member for over 20 years and have alsways found them to be easy to deal with and fair, until a really bad hail storm did significant damage to our home. I was not trying to get anything replaced other than what had been damaged. Mostly they were willing to talk with me, but one particular person I spoke with on the phone was downright rude, and I called them on it, asking to speak to a superior.

I think that whenever they are dealing with a lot of claims from a major storm, they get a bit overwhelmed and their customer service goes down hill. However, after talking to some of my neighbors with different insurance companies, I was still better off.

Don't give up!

 

a relative of mine works for a company that provides 'extra adjusters' who specialize in 'disaster response'. They move from hail storms, to floods, to tornadoes, to fires, to hurricanes, to blizzards etc etc.

Lot's of time living in hotels and eating in rest's but they make pretty good money. it is possible you were/are not talking to regular USAA staff.

I don't recall seeing anything that USAA went completely 'open'

a few years back they went from being 'officers only' to 'any military' (enlisted can buy in now), and always, once you had USAA you could stay. Such that when my son went on my policy as a teen, he could get his own USAA policy when cut off from mine, even though he no longer had any military affiliation.

USAA can be a real sticker on their rules tho - don't get a DUI - they'll dump you so fast it makes your head spin, you won't have time to sober up, they find out about it FAST.