Belwo is a letter I sent to teh insurance company abtou my car, they have already agreed to fix the car, but ti was nto totoalled. I shwoed pictures of the wreck in a n earlier post.. anyway, this si the letter, do you think it reasonable or fair.. i sjut want my life back to normal.

Friday, October 31, 2003
To whom it may concern,

I apologize for not replying sooner, due to work, family obligations, and a grandmother close to death, i have been overwhelmed.

Your offer to fix my 2003 mini is greatly appreciated, however, i believe that since it has just under $7000 worth of damage to it, i will never be happy with the results. I have talked to several people in the automobile business and they assure me that the cars value will diminish greatly because of the extensive damage done to the vehicle.

What kind of compensation will I accept?

I will be content if you find me a 2003 mini exactly like the one i had in color and equipment (which i have not been able to locate as of yet and feel it almost impossible to find) or you allow me $21,000 to replace it. In addition, i will need a rental vehicle until i can receive either a new car from a mini dealer or a replacement vehicle. I am also willing to discuss compensation for the diminished value with the car being fixed, in lieu of full replacement, as long as there is no frame damage.

In addition, not including any medical bills, and loss of work. I feel that I, my fiancé (Karen Prock), and my brother (Nicholas Hollomon) should each receive at least $3000. Each in compensation for our time, our inconvenience and in no small part our mental anguish (especially Karen who fears driving for extended period of time, and cringes even at the slightest jerk of the car).

I have asked the body shop to wait on fixing my mini until I hear from you.

Sincerely,
______________________________
Christopher G. Hollomon

Cc: Nicholas Hollomon
Cc: Karen Prock

 

"In addition, not including any medical bills, and loss of work. I feel that I, my fiancé (Karen Prock), and my brother (Nicholas Hollomon) should each receive at least $3000. Each in compensation for our time, our inconvenience and in no small part our mental anguish (especially Karen who fears driving for extended period of time, and cringes even at the slightest jerk of the car)."

I don't think so! Isn't that what the courts are for? Besides which, I think that's a completely unreasonable amount of money to expect. I know you've had a bad experience, but don't milk the system! Just my opinion...

_________________

 

Chollomo, I feel your pain...but I guess the issue at hand is whether or not your insurance company will pay for it. It seems that you have every right to contest their decision not to total your car. Likewise, if the car's not actually totaled, you have a right to a "diminished value" claim. Further, you may have a right to have your medical bills covered (depending on the conditions of the accident, your policy provisions, and your actions shortly after the accident).

BUT, I'm not so sure that you serve your case well by writing a letter in which you demand all of these things in addition to compensation for "mental anguish." Placed all together, it's likely that the insurance company will not respond for the reason indicated by Chris (above). I mean, I'm no lawyer (and actually, that's what you need if you intend to keep this up...a lawyer), but it just doesn't seem like a good idea to show your full hand in a letter such as you have written. So again, at this point if I were you I'd go find a competent lawyer. I'm not sure how much useful assistance (besides sympathy) you'll find on a discussion board such as this.

Good luck!

_________________

Bring Out the Scoops!

 

I feel for you man, accidents suck every time. But i feel you are being a little inreasonable and I think the insurance company will only save your letter for a good laugh during their company christmas party this year. I think you should just go ahead and get your car fixed while you can, rather than having the body shop hold off because you may be holding off for a very long time if you wait for a response on your letter. Like it was stated above, the courts would have to grant you compensation for anything like mental anguish or any further vehicle damage compensation. But you will most likely not get anywhere with only $7k worth of damage which is only 1/3 or less of the value of your car. Sorry. :smile:

 

I don't wish to milk the system, but I also don't wish to get screwed, I mean I had the car for six months and I all I did was sit at a red light and get rear ended. I was out of work for a week, with my fiancée, she REALLY does fear getting in a car, They are already going to pay for medical etc.. I don't want this to seem like demands, but more of a bargaining, this is the highest I could possibly want, and You always shoot higher, I just want them to know what will make me happy, I have yet to actually talk about compensation with them so I felt that I just laid it all out on the line we could find a reasonable middle ground. If they feel there is no way they could replace the car fully and if the car is truly safe to get back in when there done, if it really is fixed like brand new, then all I ask for in the repayment of diminished value, but if it is possible for them to get a new or used one with all the same stuff, then I just wanted to point out that that is what I would prefer. I know they will pay for work to be reimbursed, but I really think the depression, sickness, hospital, and fear, associated with this accident are worth some sort of compensation. that is as much as I'll defend, I appreciate your opinions, they are usually fair and just.

 

You really might want to speak with an attorney and have him/her deal with the insurance company if you end up taking this any further.

Good luck. I feel for ya!

 

I don't know how to say this any more clearly than has already been stated, but what you "think" is fair isn't worth zip as far as the insurance company is concerned. If you want more than what they've offered and more than what is spelled out in your policy (which I doubt includes a monetary provision for your misery or your fiancee's fear) you need to go to court; and if you're going to play that game, you need a lawyer.

 

Total bummer of a situation. You did nothing wrong but you're going to take a hit on this one. When we get in our cars we take chances - being hit and losing out is one of them. The only alternative is to sit inside and waste away.
The insurance company will pay to fix the car 'good as new' but I doubt you'll get 'reduced value' out of them. The only way to get even on that one is to keep the car forever! There's no way they'll go find you a new car, buy it and swap out for your wrecked one. Just won't happen. If it's not totaled, it gets fixed, nothing more. It sucks, but that's the way things are.
As others have said, If you really want $ for pain and suffering (will $3K make Karen less nervous?), you'll need a lawyer. And he'll take 30-40% of everything you get. And it will take a long, long time. More days off work (uncompensated), time and effort. Don't forget that after 30 days or so, most shops will start charging you an outrageous storage fee.
I also wouldn't start the letter with why you haven't contacted them. Most agents are way beyond sympathy, and it has nothing to do with the issue.
Best of luck getting things back to normal as soon as possible.

 

chollomo, I understand how you feel, but I'm afraid the system just doesn't work like that.

1) Your car will be repaired so that it should look and perform exactly the same as before. That is your right. You can also specify where the car is repaired and what parts go on it.

2) When the appraiser works out the settlement make sure ALL calculations are on Genuine MINI parts, not clones from a cheaper source.

3) With regards to payments to those around you who were affected, but not injured, this never happens. Here in NYC a minor fender bender can bring the City to a halt. Imagine the millions of claims against the hapless driver from the people who lost time getting to/from work!!!

My brother had a 1974 TR6 that was BEAUTIFUL. Some guy rammed him from behind and the insurance company paid book price, $600, for the car even though it had been bought several months ago for $4,500. Since the Kelly book sets the price, there was nothing to be done. For new cars the situation is worse. If you pay $24,000 for your Cooper S and get totalled by a truck as you drive out of the dealership for the first time, the payout is about $19,000. After all, it's now a used car.

I wish you luck but suggest you spend more effort finding out about 'gap insurance'.

Hope this helps

 

Chollomo:

I'm sorry about the accident, but accidents are why you have insurance, and when you file a claim you discover exactly what your coverage provides. A claim is not a cue to begin trying to negotiate with your insurance company for things like mental anguish payments. It is an opportunity to see if your damages are mitigated by the policy you bought.

Your letter reads like you've never read your own insurance policy.

First, unless you bought coverage that pays for total new-car replacement when you have an accident of certain severity, your request for a new car is completely out of line. Read your policy. I bet it says repair or pay off current book value, at the insurer's discretion.

Second, demands for mental-anguish compensation should be directed at the lawyer for the guy who hit you via a lawsuit, not your own insurer. Can you locate the clause in your insurance policy that mentions lump-sum mental-anguish payments in the event of an accident? I bet not. Next case.

Third, if your fiance is handed a check for $3,000, will she stop flinching in the car? I bet not. You say you "just want your life back to normal," but your suggestion that $3,000 each will do the job sounds sort of cynical and opportunistic. Sorry.

Fourth, every contact you ever have with an insurance carrier, even if you're just asking innocent questions, goes on your permanent and everlasting record. Trust me. I wish you'd run this letter past somebody, anybody else before sending it off.

Fifth, the idea that an insurance company is a sort of free-money machine to be hit up for as much as you can think of should irk people who pay their premiums faithfully and pay by the rules. The price of insurance is way out of control in this country and it's partly because so many people don't understand that wacky claims COST EVERYBODY MONEY.

If you can't call the letter back, write another one withdrawing its intent. Then read your policy and see what it calls for the insurer to do. If the company tries to do less than that, counter politely. But why in the wide world of sports do you think they owe you a new car and two big extra doses of free money for a $7,000 accident? Good grief.

I'm sorry to sound harsh, I really am, but you asked if you were being unreasonable and the answer is: oh, God, yes, completely and absolutely.

 

BearX220, very well said and I think we all agree completely.
The only thing you may have wrong is that I believe he is going after the OTHER insurance company. Since he got rearended, the accident was not his fault so the other persons insurance should be paying for it. So this means whatever is in his own policy should not matter. Correct?

 

I have been around a long time and for what it is worth I'll pass along some advice, most of which will not sound very nice. I believe I want an honest input, so here goes:

1. You a writing to a company not your priest, they have not interest in you work, your grandmother (sorry about her problems), or your family.

2. They didn't insure your fiance or brother. It is nice they helped your, but your insurance is with you not them.

3. The car was not totaled read your policy. I doubt they have any reason to give you an extra $21,000-7,000= $14,000. 14 grand is alot of money. You are dealing with a company, not a caring kind little old lady.

4. Rental car? Read your policy. Mine has such a clause. If your's does not why should you get coverage you chose not to pay for. If it is in your policy great! Otherwise forget it.

5. You say "compensation for the diminished value" did you pay for that type of coverage, if so great. If not why sould you get something for free that others pay for? Increase your coverage. Such thing are available, but they ain't cheap.

6. If you have medical bills you damn well better file them. You are not being a nice guy by not filing these, just niave. You are dealing with a company. Not a person.

7. do not dilude yourself into thinking of your ins. co. as a person; it is not. If you put you buck in a Coke machine and don't get a drink. Do you a. talk nice to the machine to make it your friend. b. kick the thing till it give you your money or drink. You insurance conpany is the Coke machine, not a person.

8. read you policy!

But what do I know I'm an old man.

Motor no.

 

I think there's been enough good and sincere advice here and the gist of it all is this: accept the $7000 repair and hope that the car drives as good as before. In terms of psychic enjoyment of the "repaired" car, I can understand your feelings, but your case does not stand on firm ground.

After the repair, sell the car if you wish and get another MINI. Best of luck.

 

Bummer to be in a accident. Read the policy, get the car fixed and move on. Your insurance doesn't owe you any more than is stated in the policy.

If you want more, then get a lawyer and go after the person who rear ended you and their insurance company.

 

I'll add one more vote for getting a lawyer and work through the courts. You will have to file against the person who hit you. They or their insurance company will be the ones paying for any extra amount over the repair of your car. In fact, if it was their fault and they got the citation, their insurance should be paying that too!

You made a drastic error, I think, by sending that letter. That was a job for an attorney. Insurance companies have a tendency to pay a bit more attention if it looks like a serious legal issue. Lose another day of work Monday and go find one if you're serious about persuing this avenue! Be armed with the police accident report and any medical bills from everyone in the car (the mental anguish part is going to be debatable, though the lawyer can let you know about that as well as any other compensation you might be due).

 

I cannot add more to what I think is great advice. But I would really underscore the suggestion of getting a lawyer. The main reason I am posting, though, is to say how impressed I am by the feedback you got. People are not hopping on some "get those b*stards bandwagon", all seem sincerely sympathetic, and very thoughtful. Gee, maybe other car websites are simlar, but I suspect an added benefit of buying my Mini was that I'm falling in with a very great group of other owners, even if by cyberspace here in the lands of few Minis yet.

Hope you work this traumatic issue out in the best way possible.

 

get a lawyer homeboy!
it really is essential to your claim and pocketbook!

 

Chollomo...

I'm going to say it again, just because it's that important: DON'T SEND THAT LETTER! GET A LAWYER!

As said before, the insurance company seriously doesn't give a damn about you. Not one tear would ever be shed for you. They're in business to make money and your accident is in diametric opposition to their ultimate goal. There's no way they'd ever give you anything you asked for in that letter.

Besides which, you never want to commit to the "problems" suffered by your and the others involved. And I'm not telling you that to help you cheat the system (something it doesn't see you have any desire to do) but to point out that, once you admit to ANYTHING--as far as damages--you will never be able to gain compensation above and beyond that.

You and the others need to get to a doctor (if you haven't already), file medical claims (if there are any) and hire a good attorney.