I was rear ended - other driver at fault. Insurance has accepted responsibility. I’m worried they will want to total the vehicle.

caymele

New member
I own a 2002 Pontiac Firebird- Trans Am Trim. I have received an estimate from a repair shop and it’s over $8k in repairs. I’ll be visiting another one on Monday.

How likely is it the insurance is going to want to total the vehicle and what can I do to prevent this?

I know that if the vehicle is totaled, I won’t be able to find this vehicle for the amount they try to settle for.

There have been no modifications to the vehicle. It has a V8 LS1 engine. The engine was replaced several years ago with a brand new one which today has 60k miles on it. The replacement was identical to to spec.

The transmission has less than 10k miles on it. It’s also an OEM Automatic transmission.

Exterior is blue with Ebony interior and even with the stock monsoon sound system.

I’m located in Texas.

Edit: photos This is the day of the accident. This is what the insurance has seen.

One of the shops quoted the following:
  • Remove/Replace - Muffler & pipe w/performance pkg.
  • Remove/Replace - Rear body panel
  • Repair - Floor pan assy
  • Remove/Replace - O/H rear bumper
  • Remove/Replace - LT Tail lamp assy
  • Remove/Replace - RT Tail lamp assy
  • Remove/Replace - Bumper cover Trans Am
  • Remove/Replace - Energy Absorber
  • Remove/Replace - Impact Bar
  • Remove/Replace - Lower molding w/Sport
  • Remove/Replace - Cover car/bag
  • Remove/Replace - Flex Additive
  • Remove/Replace - Corrosion protection primer
  • Repair - Setup & measure
  • Repair - Pulls
 
@caymele Just tell them you want to owner retain the vehicle. your payout will be reduced since you’re keeping the salvage but you can keep your vehicle

your vehicle is old enough that many states won’t even require a salvage title but that’s between you and the DMV
 
@caymele It’s been about five years since I worked total losses in TX, but I believe you are required to get a salvage title. I also believe that if there is frame damage, the insurance company is forced to total it. Also, next time, if you have a vehicle you think is special, get an insurance policy specific to that vehicle.
 
@ceciledemarseilles I used to have full coverage, but due to personal hardships, I couldn’t afford the insurance on it. From a financial perspective, I’m still not out the hole.

I have no car notes today and if I had to get one, it would hurt financially.

I’ve had the car since 2006.
 
@caymele
your vehicle is old enough that many states won’t even require a salvage title but that’s between you and the DMV

This doesn't apply in Texas; age is not a factor.

Texas will require a salvage title in this situation if the cost of repairs exceed the value of the vehicle. If the insurance company deems the vehicle to be a total loss, but the cost of the repair does not exceed the ACV of the vehicle, then there will not be a requirement to brand the title.

If your vehicle is a total loss that requires branding, and you decide to owner retain, then the insurance company will complete an Owner Retained Report (a VTR-436 form) and submit it to the Texas Department of Motor Vehicles.

http://www.txdmv.gov/forms/owner-retained-report-vtr-436

Note that if the title is branded salvage, then

The registration to the motor vehicle is no longer valid, and the owner may not operate or permit operation of the motor vehicle on the public roads.

You must apply to the Texas Department of Motor Vehicles for a Salvage Vehicle Title prior to repairing/rebuilding the vehicle;

You must obtain a passing vehicle safety inspection after the vehicle has been repaired or rebuilt;

You may not operate the motor vehicle on the public roads until it has been repaired/rebuilt and retitled as a rebuilt salvage motor vehicle and properly registered; and

You will be required to pay a $65 Rebuilt Fee, $28 or $33 title application fee, and any applicable registration fees (if registering) at the time of application for a rebuilt salvage Texas title.


Edit 1 :

Note that if the cost of the repairs are up to 99.999% of the ACV of your vehicle, it can be deemed a total loss but won't require a title branding.

Texas also doesn't consider some things in the cost of the repairs as being calculated to determine the requirement for branding. Your estimate for repair will probably include paint and paint supplies - those don't get calculated. The same for sales tax on the total cost of repairs.

Edit 2 :

I'm not sure how the estimate is over $8K when (at this time) I can only see the rear bumper cover is cracked. I wonder what other damage the shop wrote for? (Maybe they wrote for new OEM).

Insurance quality rear bumper assemblies on car-part.com are running around $250-300
 
@caymele I'm an adjuster in Texas. Doesn't matter what you do to try and stop it from being totaled. Its a math equation. Does it cost more to repair than what its worth? Yes? Total.

Does it cost more for them to repair than what its wroth plus what they'll get at salvage? Yes? Constructive total.

The only thing you can do is hire an independent appraiser, but 999 of them out of 1000 makes shit up out of thin air that is meaningless.

Rare doesn't equal valuable. Sorry.
 
@caymele Its valued based off the condition of the seats, carpet, headliner, dash, door trim panels, mileage, body condition, paint condition, trim pieces, condition of the engine bay, options, and tread depth left.

KBB is a joke. Depending on the insurance company they'll use either CCC One (CCC information services) or Mitchell for their valuations. Ask them for the valuation document. It'll show you what trim they have it selected as if trims were a thing for your car, options, and conditions. They're required to give it to you. It'll also show you the vehicles it was compared against. You do NOT have to accept the offer on the initial call. You're allowed to review the document first. But you can't take 3 days either(I guess technically you could, there is no law saying you can't take 3 days, but if you drag your feet you're just going to piss the adjuster off and then they won't go out of their way to help you get more value out of the car). When they call you with the amount have them email you the document. Read it that night, and call them the next day. Remember, this ISN'T a negotiation. If you feel the value is low you have the right to prove to them that its low, but you have to PROVE the value is low. They're proving to you why they feel the value of the car is what they're saying it is by listing the comparable vehicles they used to get the value in that document. And remember, the insurance isn't valuing the car. The valuation company is.
 
@maddog54e What things should I look for to prove the valuation is too low?

Currently, the insurance company hasn’t seen the vehicle except for pictures of the damage from the accident.

Would they value the vehicle in a worse condition due to the damage for example?

I’m also curious where the comparative vehicles are sourced from? Is it recent sales reported or something else?
 
@caymele The conditions they use to rate your vehicle is the condition it was in .1 seconds before the crash. So no, damage from the crash itself is not held against you. But damage on the opposite side of the vehicle from the impact will be held against you because clearly it was there before the crash unless it’s obvious you were pushed into someone/something. Us adjusters aren’t idiots despite what customers and shops think. We can tell what is and isn’t related.

All the info about the comparison vehicles will be listed in the report.
 
@caymele I had my 94 hardbody stolen last year. Usaa insurance in tx. Full coverage. It was recovered but deemed totaled. This was an immaculate hardbody. Bought from the original owners family. 250k miles though. There was no evidence of that mileage though. Guy took immaculate care of it and allegedly was a tow behind vehicle for half its miles. Anyways, insurance offered 1/3 of what I paid for it only a few months before. I sent them an excel spreadsheet with 6 similar condition trucks available for sale from used car dealers nationwide. Included links on the sheet. Also sent pics of the truck before it was stolen to indicate it’s prior condition. They paid me what it was worth the next week.

Had a friend last week have his golf r totaled in a similar way to yours. They offered 19k. He rejected it and got a second offer of 36k after sending comparable vehicles.

Point is, their first offer will probably insult you. To them it’s a 22 year old car. It’s up to you to prove its value. Good luck, sorry about the trans am.
 
@caymele the insurer is bound by the laws of your state -- if the repair cost exceeds the threshold your state has set to total a vehicle, nothing anybody can do to stop it except maybe withdraw the claim entirely
 

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