My mechanic crashed my car

Yes. Insurance companies are touchy about delay in reportig accidents.

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Geoff,

Out of curiosity and using the fact that you’ve got these - how cooper cobras are doing? No too heavy??? You went for 235wide??? Any downgrade in handling???

And of course: I’m soo sad for your loss blah blah blah…

I suggest to get the car valuated as is and as it was prior to crash. Worth having this - if you will need a trial to get the value back. As Aristo mentioned, if it’s bent - you will never get everything without solicitor, with potential makeshift repair.

Well, as an injury attorney, my first question would be how badly you were injured. :grin: j/k

But so far everyone is spot on … although I know under TX law it sounds like the lady would be solely liable for the collision (assuming the police report does not put any part of the responsibility on the mechanic :roll_eyes: ). We also have a legal doctrine here, common in most states, called the “Sudden Emergency doctrine”, which provides that so long as the mechanic acted as a reasonable motorist would under the circumstances (i.e. a sudden emergency has arisen, to which he did not contribute) then there is no liability on his part. Even under pure comparative negligence theories, from what it sounds like here there was no comparative/contributory negligence on the part of the mechanic (again, unless the cop puts down differently). Hopefully she had enough $$ ins. in property damage coverage to cover a vehicle as valuable as yours (I would assume so, being CA). If not, then you may have to file a claim on your own ins. policy, if you had UM (underinsured motorist) coverage, to make up the difference.

What it comes down to though is in fact the value of your vehicle, as far as the “fair market value” was of same prior to the time of collision. More importantly, what you can convince her ins. co. is of same. As Carl will point out, if the ins. co. finds that it would cost more $$ to repair your vehicle as it was before vs. the f.m.v. of same, they are only going to pay you the latter figure. The idea is you want to maximize the f.m.v. of your vehicle to the ins co., so that you “win”, either way. Ins cos. typically will go off “comparables” in your geographic area, using vehicles of similar made, model, year, mileage and condition that are being offered for sale there. This is typically done by searching the want ads of local newspapers (particularly Sunday papers, since they usually have more ads in them). Good luck though on either one of you finding same, even in Napa $$ Valley. If you can find some, and they are to your liking as to the amount asked, that is what you want to use as ammo to show the ins. co… If none, then you can try going the Kelley Blue Book route (or N.A.D.A. “yellow book”), although I have sometimes found they are pretty low on providing a true “retail” or “private party” value for our vintage Jags, tending to lowball same. :frowning_face: Another available ammo source is using Hemmings, Auto Trader, and similar $$ car mags, although keep in mind that if the particular vehicle being sold is in a different geographic location than yours, that may adversely affect the price/value. Also, in the event the car is deemed a “total loss”, then typically the ins. will give you a few more $$ if you sign title to the vehicle over to them vs. keep title yourself. This latter is b/c they know you might still sell the vehicle as is to a salvage yard or for parts, and reap a few additional $$ out of the situation that way.

Hopefully, you do have some nice clear color photos of your car BEFORE the accident as you took afterwards, as that is always very valuable to show how nice of a condition (e.g. poor/fair-average/good/excellent) it was in at the time of the accident. :+1: From what I can see of your posted pics, I would think it was in at least “good” condition.

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Interesting note, though … I don’t know about CA, but here in TX a damaged motorist has the right to insist that any repairs done to their car covered by ins. be done with NEW and OEM parts (if available).

I should add too that, I believe CA recognizes “diminution of value” damages if you can show your car was never in an accident before this one (I defer to Carl though on that point, since he is in CA and had dealt with car ins. claims there). That’s always good for a few additional $$. :wink:

That will be a no brainer, IF the child was not in a child safety seat and injured in the accident, assuming they are “of age”. However, if that’s not the case and she was not under the influence of something at the time (or grossly speeding) then probably not, sad to say.

Well, if it is deemed a total loss and you decide to keep title to it (vs. signing it over to the ins. co. for a few more $$), keep in mind the big hassel that is involved in getting a “salvage” title and the reduction in re-sale value of a vehicle with same. Here in TX, you can get a “rebuildable title” or something like that, if applicable … Basically once you have the vehicle repaired and theoretically back “up to snuff” by a shop, if the shop tech will sign an affidavit to that effect then you can trade the salvage title in for one of that type, later on. That will at least get you a bit better result as far as re-sale value goes if you decide to then sell it. :thinking:

But we do have the crime here now of “intoxication assault”, where the impaired motorist injured another but did not outright kill them (in which case they could be charged with involuntary manslaughter). :police_car:

Generally, a motorist has the duty to promptly notify their own ins. co. of any accident they are in. This is (1) just in case some other motorist makes a claim against THEM and (2) for purposes of timely determining the existence of UM (either underinsured motorist or uninsured motorist) coverage under the policy and the amount of their insured’s $$ damages, should it become applicable. If your failure to notify them timely of same somehow works to the prejudice of the ins. co. then they may use same as a grounds to deny you benefits or to pay the other side, per the terms of your policy with them. :grimacing:

I went to the police station today and talked to a nice lady behind the counter she told me to inform my insurance straight away which I am doing, but nothing can be done until the police report is published, approximately 10 days from the accident. I really don’t care about resale value that much as I have no intention of selling, all I want is it fixed and back on the road with me behind the wheel, this was my therapy car, my wife has advanced Alzheimer’s and is bed ridden, when stress hit me too hard I would drop the top and take this for a cruise through the vineyards, the coupe does not have the same effect, I have spent a lot of money with said mechanic on getting this car right this was the penultimate repair before finally fixing the A/C

Mind you the XJR-S convertible on BaT is looking very attractive right now!

The XJR-S coupe on BaT looks great too. Why not get both?

I informed my insurance company Geico via their web site and filled out all the details including the fact I did not want to use my insurance and even though it is rather simplified it did come back as repairable which gives me a small amount of hope, I think both those XJR-S cars on Bat are going to go for over $30K each, just got to find a quick $70K plus!

are you able to post some pics of such things as the inner fender, firewall, door posts, and especially what has happened underneath.

An experienced body guy can often tell from looking at pics whether it will be repairable for a certain budget, either as an Insurance repair (more expensive), or a private repair done by them with cash money after you are paid out by the Insurance company (will usually be negotiated to be much less costly)

I have been paid out and repaired almost every situation, not just vehicles, and have come out ahead every time

I hope that gives you some encouragement

post pics here for opinions

I got paid out upon sending pics for my last 2 writeoffs

ps they can be hard try boy negotiators

lady on her mobile phone slammed into a MK7, denting the chrome bumper

The insurance rep rang and offered me an insulting amount like $200

I said, “well if thats the way it is going to be, you can have your lads unbolt it from the car, and are you aware Jaguar bumpers are triple plate chrome?, dont cheat me with flash chroming, then fit it back on my car when finished”

…or make me a sensible offer…I stated a price $900, which he accepted immediately

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That XJR-S really looks good. I hope it goes for big bucks to start to reflect the value of some of these cars.

Geico treated me very fairly when someone rear ended me a number of years ago…although I really didn’t have a lot of modifications that would have affected the price comparisons with similar 96 MY cars with similar miles.

They gave me several recently sold examples, including eBay cars that had actually sold, if I remember correctly. At the time, I think they gave me close to $11k. I ended up finding a new one with less miles for about $8k. I did have to start all over with the replacement of rubber parts…

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…still no feedback on actual cooper cobras and user experience. Just saying…

Janusz, if I had Coopers I would provide an answer for you. .
Don’t think I remember ever using Coopers, but for sure haven’t in the last 40 years.

Jim

Jim, I pretty much like the Cooper Cobra tyres the 235’s were what my handbook said they should be fitted with, they look fat and good on the car, have not had any problems with them I really like the ride of that car I put KYB shocks on it and it is a very smooth ride it still has the rubber bushings, my 87 Coupe has Bilsteins and poly bushings the ride is a little hard but great for freeway cruising, I so hope I can get this convertible fixed I have done so much too it to let it go, but have been looking for another just in case!

That’s great Geoff. I am sure Janusz (and others) will appreciate that info.

Thanks Geoff,

I’ve asked as these are roughly 50% heavier than equivalents on the market. Planned to buy, but unsure how these will affect dynamics/suspension…