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    #16
    Originally posted by sschin
    I'm pretty sure there is a law that says if the accident isn't your fault and the car is totalled but not your fault, your car MUST be restored to working condition and orginal condition before the accident...
    It doesn't have to be restored to anything. If anything, the insurance will work, or pay the amount to have the car restored to its original condition. I don't recall too many e30s coming from the factory with an S52 motor, and unless he specifically got a plan on the car with the added work done to it, then I'm willing to bet his insurance hasn't either. If the car is wiped out, aka totaled, then they'll give him a fair market price for the car. Unless you've gone on a special plan for an agreed apon value, this is standard practice.

    -Charlie
    Swing wild, brake later, don't apologize.
    '89 324d, '76 02, '98 318ti, '03 Z4, '07 MCS, '07 F800s - Bonafide BMW elitist prick.
    FYYFF

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      #17
      Originally posted by kansas-ix
      let's fuck that pigs life up, and get some real $$$$,

      Isn't your wife's neck hurting :idea:
      isn't she up all night in distress :?:
      Isn't time to retire?

      yes to one of the three will do good enough for me,
      Slap that cop with a civil suit, contributory negligence - for the cell phone thing, = a court will be quick to set precedent on cell phones and driving for 100% fault ask fro treble damages b/c he is a cop and should know better equals triple $, and then the emotional distress kicker, supoena the cop for his insurance info find out what the policy limit is for a lawsuit and ask for that, in some states by law they can't refuse if you ask to settle with in the policy limits and they are at fault. So then trash this car forget about b/c you'll buy e46 M.

      just some sorta maybe might be in 6months legal advice

      IMO
      please god , we need more lawyers in this world. you are the reason the world is as fucked as it is. sure he deserves to have his car fixed. his wife did nothing wrong. but hey, lets sue everyone anyway. id like to slap you
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        #18
        Originally posted by Charlie
        Originally posted by sschin
        I'm pretty sure there is a law that says if the accident isn't your fault and the car is totalled but not your fault, your car MUST be restored to working condition and orginal condition before the accident...
        It doesn't have to be restored to anything. If anything, the insurance will work, or pay the amount to have the car restored to its original condition. I don't recall too many e30s coming from the factory with an S52 motor, and unless he specifically got a plan on the car with the added work done to it, then I'm willing to bet his insurance hasn't either. If the car is wiped out, aka totaled, then they'll give him a fair market price for the car. Unless you've gone on a special plan for an agreed apon value, this is standard practice.

        -Charlie
        Oh that makes sense... I guess for some reason I thought it was hit badly in the rear and not the front... but I now see how the car was like in the middle getting sandwiched together. So the engine will be distroyed. Yea now I understand what you mean Charlie.

        S. S. Chin

        325i LSDed, 17x8.5 et15 BBS CH's, Bilstein Group N Suspension

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          #19
          Originally posted by sschin
          I'm pretty sure there is a law that says if the accident isn't your fault and the car is totalled but not your fault, your car MUST be restored to working condition and orginal condition before the accident...

          I know this works, and there is some law, maybe only in CA tho.

          But maybe you should ask a friend that does insurance stuff.
          Your insurance is going to say its totalled so they won't have to dish out all the money to fix your car to orginal condition before the accident... I think if they don't do it you can sue them for not fixing your car.

          Threaten to sue the sherriff's insurance company if they don't fix your car to orginal condition.

          Hope this helps... Ask a insurance friend that will tell you the truth about the law or something.

          Hope everything turns out okay.
          If your car is totalled, and it's not your fault...it's the insurance co's. baby until you buy it back from them...either way, they're not going to pay to fix it. If it's not your fault and it's totalled, you'll just get a check for whatever the car is worth...and the option to buy your car back or let the insurance co. keep it.
          Trevor Ely
          '95 M Sport 540i - '00 A4 1.8TQMS - '85 190E 2.3-16
          '88 535is - '87 325e - '89 325is - '91 318is - '90 325is - '96 328is

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            #20
            Thanks everyone for the sentiment. The real scoop is - a blend of what everyone is talking about - at least in GA.

            The other driver's insurance is paying me the fair mkt. value for an 89 325i e30...which in this case is 3300. I had an option to "appeal" and prove the true value of the car with the mods, etc...

            I decided on the advice of some folks who know - that I would take the 3300 and buy the car back - which cost me 300. Then decide what to do with it.

            We are working on the injury side as my wife sustained fairly severe whiplash....will let the lawyers handle that.

            As far as the car - 300 bucks it's mine and Strictly German is going to fix her up like new - well as close as they can get. Bobby has done great work for me so far....now all he has to do is make sure I get to Mid OH in May...
            http://www.casualescapes.com

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              #21
              Originally posted by blunt
              Originally posted by kansas-ix
              let's fuck that pigs life up, and get some real $$$$,

              Isn't your wife's neck hurting :idea:
              isn't she up all night in distress :?:
              Isn't time to retire?

              yes to one of the three will do good enough for me,
              Slap that cop with a civil suit, contributory negligence - for the cell phone thing, = a court will be quick to set precedent on cell phones and driving for 100% fault ask fro treble damages b/c he is a cop and should know better equals triple $, and then the emotional distress kicker, supoena the cop for his insurance info find out what the policy limit is for a lawsuit and ask for that, in some states by law they can't refuse if you ask to settle with in the policy limits and they are at fault. So then trash this car forget about b/c you'll buy e46 M.

              just some sorta maybe might be in 6months legal advice

              IMO
              please god , we need more lawyers in this world. you are the reason the world is as fucked as it is. sure he deserves to have his car fixed. his wife did nothing wrong. but hey, lets sue everyone anyway. id like to slap you
              Seriously, put the bong down for a minute kansas-ix. You are like a really lame, watered-down verson of Eric Lukas.

              RISING EDGE

              Let's drive fast and have fun.

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                #22
                Originally posted by gae30
                We are working on the injury side as my wife sustained fairly severe whiplash....will let the lawyers handle that.
                Lame maybe Correct always!

                Listen I have been in Asshole training for three years (law school) they have taught me to act this way, I can't help it is like a reflex knee-jerk.
                The legal issues jump out at me, I've almost got my ambulance chasing IX ready. :D

                No but seriously ask for the max covered by insurance they can't refuse. Its the law.

                Listen I don't want to be a lawyer I want to own a liquor store this is just a way to make the $ fast.
                E30 325ix 62k

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                  #23
                  Originally posted by kansas-ix
                  Originally posted by gae30
                  We are working on the injury side as my wife sustained fairly severe whiplash....will let the lawyers handle that.
                  Lame maybe Correct always!

                  Listen I have been in Asshole training for three years (law school) they have taught me to act this way, I can't help it is like a reflex knee-jerk.
                  The legal issues jump out at me, I've almost got my ambulance chasing IX ready. :D

                  No but seriously ask for the max covered by insurance they can't refuse. Its the law.

                  Listen I don't want to be a lawyer I want to own a liquor store this is just a way to make the $ fast.
                  your training has paid off dude. dont give me that crap. you have the same choices we all have in life. nobody makes you act like an asshole unless you choose to be one. lawyers are the scum of the earth in 90% of the cases. i have 2 friends who are lawyers. neither personal injury either. the entire legal system is a farce and you have proven youll fit right in by your last comment
                  "Listen I don't want to be a lawyer I want to own a liquor store this is just a way to make the $ fast"
                  one thing ive learned in life is
                  do your best at whatever you do and dont worry about money. if you do your job well the money comes.
                  finish your legal training and go out and try to help people instead of trying to get rich. in the end youll accomplish both.
                  We can serve you better through Email

                  sales@blunttech.com
                  www.blunttech.com


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                  Comment

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