Anybody know anything about insurance???

[new2bmw]

ok i will make it short. my e30 got crapped on by birds, filed a claim and all was well. turns out the car would need full repaint which would cost more then the value of the car so insurance considers it a total loss. They want to write me a cheque and be done. I asked to keep the car and so they said fine, we will take off the 300 deductable, and then you will need to speak to the salvage vendor, (some independent guy) and work on a price to buy the car back , if he is willing to sell it. I phoned and he said give me 400 and its a done deal.

Now i am wondering does this sound right? on top of paying deductable and salvge vendor it would need to be re safetied, licensed, plated etc for me to drive it again. bsically i would be spending everything i get from the claim to end up where i was before i filed the claim. They are also now saying that the car is not safe and wonr re insure, doesnt have a battery in it (didnt want it being started as in mid tranny repair,need a banjo fitting) so not sure how they came up with that, also car runs great and starts first time every time, said they needed to look at engine for value of the car. Also i replaced 80% of the car 3 years ago and it is in better shape then half the cars driving around my town right now, everything is brand new.

Also, my broker and the entire office he is at are like wow this is nuts, he has to buy his own car back, they had no idea about this salvage vender, which also pisses me off as is it not their job to let me know about this sort of thing when i get insurance through them, and most importantly isnt it their job to know about this stuff as a part of their job? Broker is also saying the insurance company seems to be taking a hard line with my case. I am just pissed and not sure what to do if anything. any comments/ideas would be great.

[StereoInstaller1]

Get a lawyer.

[foofopps]

I don't get it, had the bird just eaten some spicy kung pao beef?

[devon.818]

i read a story about a guy getting a donor e30, swapping all his good parts over, and making his car back to stock. giving insurance the fucked car and him slipping by with the "new" one.

[NKRoberts]

If they total out your car and pay you, yes you will have to buy it back. I dont know if it being considered a loss that now it is a salvage title and that company might not want to insure it. thats just what i have heard

[bmwguy325is]

This is why I hate insurance companies. They are one of the last regulated companies out there. They can do pretty much what they want. I have a friend who sold insurance a few years back. She says where you made the claim and no one but nature was a t fault it can go two ways. Like if a bear smashed up your car in Yellowstone park then ya they can work with you. Where the car was not protected from birds its kinda your fault too.
Bottom line is most will only pay out if the car gets totaled where in they void the vin and the car no longer exists. So ya it then has to get a salvage title. Though my buddie got hit in his E30 and it was totaled. They let him pay the $500 deductible but then the reason for the total was not his fault. I
UGH I rambled
I agree with the guy above. Get a lawyer. Though that may spend more of the money you get for the car.

[new2bmw]

title

they said it would be a loss, but that the title will not be salvage as it is the paint that the claim went in for and not something structural, like an accident.

[new2bmw]

car shelter

they covered the droppings, it was in my policy, and the car was being stored in a shelter, the bird found a way in and must have been trapped for a while as the car was more shit then paint.

[BlackSpeed66]

That's pretty much how the "owner retains salvage" option works here in the States. You 'buy the car back' because if the insurance company keeps the car after they settle with you that amount is what they would get if they sold it at auction, which is where the salvage vendor comes in. It's not "wrong", it's how the process works and most people don't understand it which makes it more difficult for everyone involved.

That said, you may still have the opportunity to withdraw the claim completely but I don't know what Canadian insurance regulations are. Our cars are twenty-some years old now, unless the car is in pristine condition or an M3, even a simple repaint will easily total one (Maaco & similar shops excluded).

Getting a lawyer involved at this point would be pointless. Their retainer would probably be most of what the car might be worth...

I write estimates for an insurance company, I've seen how this stuff pans out on both ends.

[jeffnhiscars]

Its been a while since I left Canada and as others have said, these rules will vary from place to place and from company to company. I am also not a lawyer so my advice is worth exactly what you are paying for it :-)

A total loss usually means the cost to repair exceeds 80% "value" in which case they buy the car. Value is negotiable, yes even in Canada where the BC courts said that the owner of a vehicle that had been damaged to the tune of 20% of its "value" was entitled to compensation for loss of resale value even if repaired since that damage had to be disclosed. You should get written valuations if you can, to push the adjuster's value estimate higher. I told an adjuster that I had just spent $1100 rebuilding the tranny on my son's "totaled" POS and he bumped the value $700.

Most places will allow a branded title to be re-register with a safety inspection. Check.

Lastly, I have always found insurance companies willing to sell the car back to you for 25% of the payout which they will deduct from your cheque (note Canadian spelling). The only reason I can think of as to why you may have to deal with a 3rd party is if they already sold the salvage rights. If you haven't settled yet then that doesnt sound right.

My 2c FWIW and GL

[TimR]

Salvage titles her, depending on the damage, can let insurers not do full coverage due to the salvage title, I'd check that angle, doesn't sound like that bad of deal to get you car back VS finding a new one especially if done alot to it.

[u3b3rg33k]

Your first mistake was using your insurance. When I bust up my car ice racing (like I did this winter) I take it to the body shop, ask "$$$?" then pay them directly. Insurance never gets involved. $700 out of pocket for some fender straightening and paint is simple.

Insurance is best used for the big problems, like if you total (read, destroy beyond repair) your car, or if you cause bodily harm or damage the property of someone else.

In our family, your car isn't totaled until it's been totaled at least twice. Hit someone head on on the driveway at 25? Fenders, control arms, struts and wheels are all just parts. The car that hit the bigger car that previously hit a tree head on got written off.

[Jean]

Why did you even consider going to insurance? It's pretty much common knowledge that 90% of e30s are not worth squat in insurance eyes so you do stuff out of your pocket.

In case of most e30s, you need insurance to cover your ass/family in case of accident, nobody cares about a 20 year old car.