The Falcon is probably dead, time for a new 5?

dean1484 wrote: Remember the insurance company's don't make money by "just paying out claims" One of the reasons why I have an agent. Yes they get a cut but they are on my side when it hits the fan. I would also some how document that the other agent or who ever they were trying to entice you in to admitting fault ESPECIALLY if it was less then 24 hours after the incident. that is entrapment on there part. probably not worth the time and effort but if it was here in MA I would have implied that you were looking into if there actions constituted any legal actions under MGL chapter 93a (deceptive business practice). I have used this before and it tends to put these scum bags back in line. As for a new one shop nation wide and if the one that is a replacement has to be shipped so be it go after them for shipping and the cost of a PPI as well.

Quoted for exceptional advice.

Status update:

AllState has had the estimate, photos, and police report since 3:30PM yesterday. They still have not returned my calls, or my agent's calls. I am going to be looking into dean's advice on the deceptive business practices. My insurance (State Farm, who has been great so far) has accepted the shop's estimate as their own, with no need for another adjuster. They are ready to pay for the collision and then go after AllState/the other driver.

BTW, the Police Report clearly states the other driver ran the stop, had diagrams of the intersection, and listed her violations. It's so cut and dry, it's not even humorous. Other driver went to the Chiropractor all week for neck soreness.

Thank you all for the great advice, I am reading it all and using it! This is only the second worse than a fender bender I've ever been in (the 1st was a red-light runner hit-and-run on me when I was 19 with no collision on a 88 Turbo Coupe TBird).

4Msfam wrote: If you decide to part it out..... I'm local in Seattle and could use a used 2.3l for our 2004 Mazda3.

I am seriously considering buying it back, especially if I get another 5. I want the brakes off of it at least, and likely the wheels/winter tires. I would be more than happy to sell you a motor (PM me).

As an aside, what's the thoughts on buying an automatic Mazda5 and having a shop swap in my 5-speed? Then I could have an actual color, I could buy one right away, and I won't have to spend the next year searching for another unicorn.

dean1484 wrote: As for a new one shop nation wide and if the one that is a replacement has to be shipped so be it go after them for shipping and the cost of a PPI as well.

This is a really good idea. I am using it.

Rob_Mopar wrote: Jav, Really sorry to see the end of the 5. Glad you're OK. Make sure you have your stack of receipts ready for the adjuster for all the work you've put into it over the last year or so.

Thanks Rob. Yes, I am very, very grateful that my wife and kids were not with me, and that I was not hurt. I am writing a letter to Mazda USA to thank them as well. I have all of my receipts (and every other receipt since day 1 for this car).

eastsidemav wrote: http://dashcamtalk.com/ My DVR-027 has been in use since last Spring, and working wonderfully. I don't leave it in the car overnight, but thats mainly due to theft worries.

Thank you! I am looking into it.

Sorry to hear the OG member of the 5 mafia bit it. Is the new Ford TC wagon available in manual? Maybe import a Mitsubishi Delica?

If you can't find a manual 5, what about a manual 2wd cx-5 or a unicorn manual 6 wagon?

There is a black 06 with 59k in Portland Or at a dealer called fidelity fleet and finance. 503 746 8869. Found by using adhuntr.com

In reply to Javelin: If the 5 is your vehicle of choice, buying an auto and then having a shop doing a manual swap is not a bad idea at all, especially if you keep it for a few years.

nicksta43 wrote:

dean1484 wrote: Remember the insurance company's don't make money by "just paying out claims" One of the reasons why I have an agent. Yes they get a cut but they are on my side when it hits the fan. I would also some how document that the other agent or who ever they were trying to entice you in to admitting fault ESPECIALLY if it was less then 24 hours after the incident. that is entrapment on there part. probably not worth the time and effort but if it was here in MA I would have implied that you were looking into if there actions constituted any legal actions under MGL chapter 93a (deceptive business practice). I have used this before and it tends to put these scum bags back in line. As for a new one shop nation wide and if the one that is a replacement has to be shipped so be it go after them for shipping and the cost of a PPI as well.

Quoted for exceptional advice.

Quoted for exceptionally inaccurate advice. None of that makes any sense. An agent is certainly going to try to support you, since they sold you the policy, but they don't have any direct input on claim resolution. Totally at a loss where the idea of enticing you to admit fault within 24 hours and deceptive business practices came from. That's completely inaccurate. Deceptive business practices typically have absolutely nothing to do with claims handling. The other insurance company has a right to investigate a loss, just like your own insurance does. If you admit fault, that's up to you...and even if you did it's the insurance companys' final decision to make, not yours. Most states have an unfair claims act of some kind, and language varies from state to state. However, all companies have the right to investigate and ask questions. But then again, what do I know? I just do this for a living... No matter how long I've been in this industry, I sometimes still get amazaed at the level of misunderstanding, misinformation and paranoia.

Jav, glad to hear you're OK, sorry about the Falcon. The other carrier has to do their own independent investigation. It could take them a few days, or a few weeks, depending on what they need (for example, if they haven't heard from their insured yet). If they're not returning your calls, that's poor business. Call and ask for the adjusters' manager. Otherwise, let your carrier handle it and they'll subrogate. If indeed you're not at fault (and I'm not arguing either way) you'll get your deductible back. Let me know if you have any questions.

In reply to Klayfish:

Very well then, I fully retract my quote...lol

Update: The other driver admitted to her adjuster that she ran the stop sign, her insurance has since told my insurance they are accepting 100% liability. I'll believe it when I get it straight from them tomorrow.

First estimate on the 5 is just a touch over $10K. The most comparable 2 I can find within 500 miles on Auto Trader (manual, Sport, 100K miles) are $11,999 and $12,477. Both have the Sport package (spoiler, bumpers, skirts), but neither has the moonroof.

SWMBO stole my Outback. She's thinking of getting a brand new car. I'd drive her Grand Prix until I found whatever unicorn I want, then sell the GP.

Glad to hear the other carrier is going to accept liability. From the photos, the 5 is definitely a total loss. Let them work up their valuation on it. If you don't feel it's reasonable, show them vehicles that are truly comparable to yours (mileage, trim, etc...) and they'll look at it and adjust as needed.

AllState can go DIAF, especially that motherberkeleying E36 M3head adjuster!!!

Uh oh. That doesn't sound good.

Sheesh!

Grab a 6-pack of frosty adult ones for this update...

Apparently my adjuster talked to her adjuster last Thursday and got the "100% liability" info (based of the other driver admitting she ran the stop sign). So SF went ahead and started processing my claim, and made me an offer on the Falcon (that was insultingly low). I call both insurance companies Friday morning and nobody bothers to call back.

Fast forward to yesterday and I get a hold of SF first. Now they are saying she's 100% liable, but her insurance is saying I'm 30% liable (how you can figure that after I stopped for my sign, and had the clear right of way, and then was hit by a person admitting to running the sign is completely batE36 M3 crazy), so they have to fight it out. Allstate has 30 days to make an initial determination, but an extra blank amount for arbitration, etc.

Meanwhile, I get the numbers for SF's offer (only $9200 for a 5-Speed, moonroof, roof rack, Mazda5, 2-owner, full service records, clean title, 100K miles?!?) and tell them to pack sand. I've only found 3 others in WA/OR so far with a MT5 and the Sport pack (none of which have the moonroof, and only one has the roof rack) and they are $11K, $12K, and $12.5K.

So today I call the Allstate adjuster for an update. This shiny happy person, who is extremely rude, starts spouting off about how they pulled telemetry from the Exploder (bullE36 M3), and that it "estimates" she was doing 10 and I was doing 20 (complete horseE36 M3, an OBDII won't tell you that, and it's not true, and even if it was, SHE RAN THE MOTHERberkeleyING STOP SIGN!!!), and that the damage shows I had to be speeding (which is it sweetcheeks?, speed limit there is 30 anyway), blah blah blah.

She immediately threatens to hang up and converse by mail only (because I raised my voice, I never said a single bad word), and then followed up with threat of lawyers, court action, and so on to "protect her client". (I should point out that this vajajay answers all phone calls with "this is a recorded line", which sure doesn't sound ethical/legal). She flat out tells me I'm not getting a settlement for at least 6 months, that I need to go through SF if I want my car replaced, and that she's going to pull the rental in 24 hours.

Needless to say, I'm borked. This bitch can run the table on me 8 ways from Sunday, and even though I will come out on top, it'll be a year or more from now. So berkeley it, I'm done. My life is way too valuable to waste on this bullE36 M3, so I'm just eating the $250 deductible (and 30% of the rental) for right now to run it through my insurance and let them fight the vajajay bitch from hell. As the immortal poop would say, "It's worth my $250 to never hear your voice again shiny happy person".

So yeah, that's where I'm at.

The next step is to get the three 5's I've found, plus any others, to SF to revise my car's value. Once we agree on that, I need to determine anything else needed to make me whole (already got the replacement car seat and base, but still need to address the missed work, medical bills, and follow-up appointments, plus the personal effects berked up in the car). After that, it takes 3-4 weeks to get a check (and I really hope my adjuster can slam-dunk her royal vajajayness to cover the rental until then).

In the meantime, it's car shopping time. I was dead set on a mid-size wagon (Legacy 2.5GT, Mazda6 Sport, SAAB 9-5 Aero, Volvo V70R), but a buddy pointed out the car seats fit fine in the 5, which is based on the 3, so why not look at the 3. So now I need to haul the carseats to a dealer with a 3 hatch, 02-08 Impreza hatch, and possibly some other stuff.

I'm leaning heavily towards a 1G Mazdaspeed3.

Car seats don't fit all that great in a Mazda3 if they are front facing. I had to get rid of mine because I couldn't drive it with the seat behind me, and I'm not exactly tall (5'10").

Definitely bring them and put them into any car you plan on test driving.

Jav, I know you said you just want to move on at this point, but you might want to register a complaint with the State Insurance Commission against the othe driver's company/adjuster. Her threats would seem to clearly violate claims law. I had similar problems with an adjuster and making a complaint to the State resolved it in my favor very quickly. I also sent a copy of the complaint to the CEO of said company registered mail/personal signature required

Brett_Murphy wrote: Car seats don't fit all that great in a Mazda3 if they are front facing. I had to get rid of mine because I couldn't drive it with the seat behind me, and I'm not exactly tall (5'10"). Definitely bring them and put them into any car you plan on test driving.

I have a rear facing car seat in the back passenger side of my 2007 Mazda3 hatchback and it requires that the front passenger seat be forward a bit although my wife sits comfortably there. I'm 6'1" and could not sit in front of the baby seat. I'll be converting the seat to front facing next month and had assumed that this mode would have even more room but, I'm going to double check now so that we're not surprised.

Since I obviously didn't hear any conversations or know anything about the claim, I can't say for sure what's going on but something isn't right. That's not how claims are handled, and I don't want to try to "read between the lines", but just some thoughts to throw out there.

First, as I mentioned before, each insurance company has to do its' own independent investigation. Maybe Allstate did pull info from their insured vehicle. I typically don't do it for an accident like this, but it's certainly feasable to do. They use the evidence they have to make their own liability decision. If they feel there is comparative negligence, they will apply it.

With respect to the stop sign and liability, again I'm not passing any judgment on your accident, I don't have all the details so this is general concept. Yes, even if someone runs the stop sign, it doesn't always mean 100% liability. For example, say the road you are on is a really wide lane each way with clear vision. The car that runs the stop is coming from your left, so they have to cross one full lane of traffic and nearly a second before coming into your path. In those cases, there would be varying degrees of comparative negligence. I serve as an arbitrator for insurance company disputes that you mention, and yes I will find comparative negligence in stop sign cases. Not all, and the % will vary based on many factors, but it can exist.

At the end of the day, you're making the right move. Let your carrier handle the claim, show them the value of your car and they'll deal with the other carrier to get money back. It will become their problem, not yours. Very worst case scenario, you're out your deductible...but you should get most or all of it back at some point. If you really feel the other carrier was unprofessional, you can file an Insurance Commission complaint and/or talk to the insurance company's leadership.

And this is why I have USAA. Sure I pay more, but they get me moving immediately and settle all the small stuff on their time.

Don49 wrote: Jav, I know you said you just want to move on at this point, but you might want to register a complaint with the State Insurance Commission against the othe driver's company/adjuster. Her threats would seem to clearly violate claims law. I had similar problems with an adjuster and making a complaint to the State resolved it in my favor very quickly. I also sent a copy of the complaint to the CEO of said company registered mail/personal signature required

Good idea. I will do this.

Klayfish wrote: Yes, even if someone runs the stop sign, it doesn't always mean 100% liability. For example, say the road you are on is a really wide lane each way with clear vision. The car that runs the stop is coming from your left, so they have to cross one full lane of traffic and nearly a second before coming into your path. In those cases, there would be varying degrees of comparative negligence. I serve as an arbitrator for insurance company disputes that you mention, and yes I will find comparative negligence in stop sign cases. Not all, and the % will vary based on many factors, but it can exist.

When I approached the intersection, there was a car to my left (same lane as the lady that hit me) making a left turn (so to go the same direction I was going). No other cars. I stopped and waited. When they cleared, I went. As I started moving the lady blew through the stop at 35ish and never touched her brakes. I stopped (or damn near stopped) and she hit the LF corner of my bumper and ripped the nose sideways. The road she was traveling crests a blind right hand turn immediately before this stop sign, the first on that lane.

I am really interested to hear how that can be anything less than 100% her fault.

Javelin wrote: I am really interested to hear how that can be anything less than 100% her fault.

You are 100% correct.

I'm sure you're on this already, but hey, have your atty check cell phone and texting times. Good to hear you're OK.