The car is yours until you sign the title over.
When a vehicle is totalled you generally have the option of either accepting the full settelment offer and the vehicle gets sold at salvage. The other option is to keep the vehicle for a reduction in the settlement. The reduction is to make up what they would have made from the sale of salvage.
Hey guys,
Thanks for the input. It is too late to not have cashed/deposited the check from MY insurance company. I have already done that. I am not one to go crazy,and sue someone just becasue it is the American way. At the end of the day it was truely an accident,and not anything I hold against the other party. It was an unfortunate turn of events,but at least I wasn't hurt badly,and my kids weren't with me. I feel furtunate about those two facts,and to drag the woman,or insurance company into court would only make my life more complicated than it needs to be.
I have a title in my name,and it doesn't show as a salvage,so I could sell it with a clear title,but clearly the car needs either a total makeover,or just to be used as parts. I thought a first that I woudl retain it,and either find another chassis,and swap over the good parts of my car,or do the rear clip,but either option doesn't really appeal to me now with young kids,and not a lot of free time anyway. I think it woudl be best if I just sold it as one piece as I am not real keen on spending lots of time in my life packaging things up to ship all over the world. I sell plenty of RX-7 parts as it is,and I am not in the business of crating up hoods,and fenders to ship to people,so selling as a whole would be best I think.
I hope no one felt I was implying that you should go after a settlement that will support you the rest of your life. I wasn't. There are rules in place for this, the precedent has been set. I meant to make sure you are protected. If you missed work for instance, you should be compensated. I don't feel that one person not taking a pain and suffering settlement will fix our insurance system. I also didn't mean to hire any lawyer that hands out a business card. I asked friends, family and doctors about an attorney. The guy I found doesn't even advertise, he relies on word of mouth referals. Just retaining a lawyer changes everything in an accident situation. Our insurance system is broken, insurance is ingrained into the financial structure of America and that's no good. Europe has it right in this area, everyone uses insurance for it's intended purpose and everyone has a lawyer. It's not going to screw you over there if you're at fault, accidents happen. You pay if you're at fault in our country, for years.
I'm also surprised Hagerty sent you a check instead of settling that with the offending drivers insurance. I suppose they have only to gain by paying their customers quickly since Hagerty will go after the money from the other company in the end.
What I'm saying is, you haggle with insurance companies like any used car deal. Don't take the first offer. They will make you believe that their first offer is their only offer. You can ask them for all the data they used to determine your vehicles value. I could never get a car like the one I had for the price the insurance company paid me, I learned my lesson. It paid off for my co-worker who counter offered the insurance company over his 944. It was a pristine car and worth well more than the first offer of $1800. He did his research. I'm happy someone learned from my experience.
FYI I had an agreed upon value policy,so they paid that amount with no haggling at all. It wasn't any sort of lowball amount they threw out to me. It was quite the contrary actually.
Chris
In reply to Greg Voth:
Greg, I wouldn't call it a frivolous lawsuit if Chris is still paying medical bills years after the settlement money is used up. That's why a couple of people recommended that he get a cat scan to check for non-obvious damage to his back or neck. The fact that Chris's seat back broke from the impact and his complaints of soreness now make me concerned for his long term health. That's why I recommended (actually seconded the recommendation for) a lawsuit. I wasn't suggesting it for revenge or out of deviousness.
jstein77 wrote: Lawyer, huge lawsuit against the lady, lady was obviously and blatantly negligent.
Sounded like revenge to me.
Just to be clear,
I am all for people getting checked out if they are injured or believe they might be. I tell that to all my claimants who ask if they should go to a doctor. IF YOU ARE OR FEEL YOU MAY BE INJURED PLEASE GET CHECKED OUT. (Maybe even by your primary care doctor rather than your lawyers referral)
I also tell them to document everything, loss of work, out of pockets expenses etc. I explain to them that since they are presenting a third party claim any documentation to support their claim helps. They are the only one looking out for their best interest. I rarely find a lawyer who has that in mind.
Pain and suffering is real and I have no problem with it when there are injuries.
Most bodily injury claims I get when the person hires an attorney. Attorney refers them to a doctor. Doctor finds soft tissue injury to the lower back, neck etc but no "hard" injuries. Lawyer has patient treat for three to six months. Physical Therapy and Massage Therapy three times a week. Demand Package. Settlement.
Lawyer takes 1/3. The doctors and lawyers are in bed together and are making the real money.
In reply to Greg Voth:
I'm also in the industry and can say that EVERYTHING Greg is saying in this thread is completely true and spot on accurate. There is a lot of misinformation in the world around this subject.
Chris,
We should get the MARX7 group together and strip it down for you so you can eBay all the bits. Have a couple people dismantling, another couple labeling and setting things aside. I can bring the weber and we can burn some burgers. Of course we would have to have the obligatory ogling of your other rotary toys!!!
Ogle all you want Dean. I am not sure any of my other cars are ogle-worthy though,but have at it. The sad thing is I don't think there is anyone from the MARX-7 club left aside from you,and me. I have no problem stripping the car down,and I actually like doing this,but shipping large items is a real pain in the ass,and one that I really don't want to experience. I would think I could get the asking price I have fairly easily,but only from the right buyer. I guess the market for these cars is very limited especially on this coast.
If you decide to tear down and part out the RX-3, let me know. I'm more than willing to help. If I can sell off my N/A FC and finally get to work on the turbo FC, I might even bring it down so you can all marvel at its riceyness!
Can we be done with this canoe already??
So guys how do you think I should go about selling this,or should I just try to find another chassis,and go from there?
Mazdax605 wrote: So guys how do you think I should go about selling this,or should I just try to find another chassis,and go from there?
Considering how rare it is you should probably do both-put it up for sale while actively looking for a body donor. Whichever happens first is your answer.
Tell all your friends,the car is for sale,and I would love to sell before the winter,but I can sit on it for a long time if need be.
Car is loaded on trailer,and on its way to Philadelphia as I type this. New owner has plans to fix it with parts from another SP he has at his body shop. I got more than I paid the insurance company for it,but not much. Just happy to turn the page.
I have agreed in orinciple to buy an 82 BMW 320i that has been transformed into a 323 with a 2.7 Super eta,5-speed,and limited slip rear end. Also has Alpina springs,shocks,bushing,etc...
What do you guys think? The car is in the DC area,and I plan to fly out soon,and drive home. The seller claims it has some "wrist pin slap" when cold,but it goes away when it warms up. Is that something that sounds fatal,or not a big deal.
Chris
How do you tell the difference between "wrist pin slap" and "going to throw a rod on your drive home"?
I don't,that is why I asked. I am a rotary guy we have no wrist pins.
Chris
Regarding lawsuits, etc: You are entitled to be restored to the physical and financial condition you were in just before the accident occurred.
Find a lawyer, get yourself completely checked out medically, make sure you have all your money back from the car transactions and make the girl's insurance company pay all your medical costs and financial shortfalls. Include stuff like gas and depreciation of your vehicle for the trips to and from the hospital / clinic.
Sometimes the lawyer will threaten to sue for more just so the insurance co will feel they got off easy by paying off all your stuff.
Think of it this way: If you were walking down the street and some guy punched you randomly in the face, would you just accept your fate or would you charge the guy with assault (so he doesn't do it to someone else and there's a record of his crime) and make him pay your hospital / clinic costs?
There needs to be some punitive damages. This girl's insurance costs need to skyrocket to the point where she understands she could've killed you.
That doesn't mean you make a bazillion dollars. You are restored wholly and completely, plus the girl is forced to pay out for the privilege of driving a car.
Regarding the car's crash-worthiness: You lived. The car died. That's what crash-worthiness is all about. Were the car more intact, you absorb more g-force and end up being more severely injured.
Hope you're feeling better.
No need for a lawsuit. I am fine,and my kids weren't with me. I was compensated for the value of the car,and other than being depressed that my dream car was ruined I am none the worse for wear.
If anyone sees the car on the 95 corridor pass along a positive feeling to the new owner. I do miss the car,but it is best we parted ways.
In reply to Jerry From LA:
At some point, don't you have to say E36 M3 happens and not sue for the depreciation on your car for the extra 80 miles the doctor visits put on it? The shoe might be on the other foot at some point. I wouldn't want somebody nickel and diming me for their iPhone usage while they were in the doctor's waiting room because I smacked into their Camry in the carpool line.
Mazdax605 wrote: Car is loaded on trailer,and on its way to Philadelphia as I type this. New owner has plans to fix it with parts from another SP he has at his body shop. I got more than I paid the insurance company for it,but not much. Just happy to turn the page. I have agreed in orinciple to buy an 82 BMW 320i that has been transformed into a 323 with a 2.7 Super eta,5-speed,and limited slip rear end. Also has Alpina springs,shocks,bushing,etc... What do you guys think? The car is in the DC area,and I plan to fly out soon,and drive home. The seller claims it has some "wrist pin slap" when cold,but it goes away when it warms up. Is that something that sounds fatal,or not a big deal. Chris"Wrist pin slap" that's a new one to me. It could be piston slap, or most likely, a spun big or smal end of a connecting rod. And the correct and only fix is to disassemble the engine and replace the connecting rod and or the piston, wrist pin, and if it's from the big end of the rod, maybe having the crankshaft machined and use oversize bearings. So, yeah, it's a big deal. OTOH, he could be wrong, and it could be a lifter that's a bit wonky. Or an oil pressure problem. .
If you buy it, and the rod goes through the block, give me a call. I'll give you a ride hom. BTW saw your REPU in the Reader's Ride section, nice color and condition.
If you can't get it CHEAP, walk away.
Otto Maddox wrote: In reply to Jerry From LA: At some point, don't you have to say E36 M3 happens and not sue for the depreciation on your car for the extra 80 miles the doctor visits put on it? The shoe might be on the other foot at some point. I wouldn't want somebody nickel and diming me for their iPhone usage while they were in the doctor's waiting room because I smacked into their Camry in the carpool line.
Of course you wouldn't want that, Otto. Nobody does. However, if someone causes a loss because of stupidity, they're liable.
"E36 M3 happens" when you're climbing a mountain and get hit by rockfall from above. Or lying on a beach when a tsunami hits. Or bitten by a rattlesnake. Or attacked by a mountain lion. People have sued in these circumstances but I would not because there's no way anyone can control what nature does.
However, when someone willfully disregards either the law (in many states) or a million warnings (everywhere else) and causes a loss, you bet I will take every opportunity to restore myself to pre-accident conditions, including every nickel and dime. That is not "E36 M3 happening."
I've been hit three times by cars while running. Once I was hit hard enough to throw me into an intersection. I wasn't hurt so I got up and kept going. I could make a federal case out of any of the three incidents because the drivers were inattentive. I suffered no loss.
I've been bitten six times by dogs while running. Twice, the animals were supposedly in the control of their owners. They paid for my doctor visits, tetanus shots, deep puncture wound care, mileage, etc.
These folks and/or their insurance companies (I don't know where the money came from) were relieved because all I wanted was to be restored. They were glad because what I was asking was reasonable in light of the situation. No mental anguish. No exaggerated pain and suffering. They cut a check for a fraction of what could've happened in a protracted legal case.
As far as "the shoe being on the other foot," I live life to prevent that ever happening. I endeavor to pay attention at all times, especially behind the wheel of a car. Knock on wood, everything's gone fine so far.
My duty as a citizen of this country is to make sure any action I take does not harm anyone else. If everybody did that, this thread wouldn't be here.
PS: The incidents listed above while running occurred over the last 40 years so I'm really not a magnet for that stuff. 
This is the car I have agreed in principle on buying:
http://forums.bimmerforums.com/forum/showthread.php?t=1602018
Now I just need to figure out when I can get down there. I was planning on next weekend,but that doesn't look like it is going to happen.
What do you guys think of this car? I am a bit concerned about the wrist pin slap,and being a Japanese car guy I worry about straying from them to buy a German car.
Chris
"Wrist pin slap" goes away when the car warms up. Rod knock doesn't. Also, the car has forged pistons which require more clearance than hypereutectic or cast pistons. Sometimes they're noisy until they warm up. What's the compression like? Any oil burning?
The pics really present the car well and thoroughly. They gave me a great idea for selling a SAAB 9-3 later this month. Thanks for posting the link.
I was told by the seller that the noise goes away when warmed up. Maybe it isn't something to worry about.
Chris
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