Huh? Details, please. I never realized that fixing a car could make it more valuable than before it was broken... Wow, what cluster of frankfurters.:impatient Sorry to hear about the ordeal - it's just inconceiveable that they paid more than it's value to fix it. Some adjuster's gonna get a bad review.

 

The "twit" in the truck is gonna get a big surprise when she hears from my insurers subrogation dept.

As for my insurer, they are going to get a nice complaint with the California Insurance Comission from me with 6 points of the California fair claims settlement practices regulations that they blatantly violated.

I am also going to file a claim for 90 days loss of use due to their mis-handling of the case.

And, I'm shopping

 

Yikes!

I just read the whole thread. I feel for you. Hopefully the restoration is very good and you don't end up with issues that can't be found in the short term. Be thankful that you are not litigating over injuries!

Of the few Mini accident threads that I've read on NAM, it appears that we keep getting nailed on the driver's front side...

 

They were attempting to use the "betterment" clause of the insurance code. It allows for adjustment of value when worn parts are replaced with new parts. It is supposed to be applied to "parts or supplies that would normally be replaced during the useful life of the car" The code says parts that include but are not limited to tires, batteries etc. The code also says they have to establish a measurable, discernable, itemized, value.

They tried to apply this to a transmission. They sent along a valuescope market report which was their evidence. It offered not rationale or formula for arriving at this amount. I told them their report was useless because in the introductory description of the vehicle they described the MINI as being assembled in Germany, and reflected sloppy work. I also argued that a properly maintained tranmission should last for the life of the car.

The repair shop was quite surprised that they dropped this because insurance companies usually get away with it.

 

It sucks!! It really does. I feel your pain.

At least you are ok.

 

ouchy! i feel you pain - very glad to hear that you were ok. looks like you'll be back on the road soon, though.

 

I know this is probably a bad time, but it look like you have a pretty stiff sway bar on there!

 

First time I checked out this thread.
What a drag that you had to become an expert in car insurance law and dealing with shisters. And it took long enough! Sure hope your MINI was fixed correctly.

 

The TRANSMISSION as a wear item? Sure, sometimes they go, but if someone says 'new transmission at XX,XXX miles', it doesn't give me warm and fuzzies. And CERTAINLY not because it was trashed in an accident!
Note that the MSRP stickers say the MINI is assembled in Germany. I don't get it.