Trash truck vs Miata: KBB value vs. actual?

So I get an IM from the wife when I get to work to check facebook for pictures, where I see this:

A trash truck backed into my really nice NA.

The driver was on the porch leaving his information when my wife opened the door. He was literally begging her not to notify his employer, and offering all manner of assurance that even though he'd have to make payments (as he's broke) he'd pay for the damage. Anything but telling his employer...

The guy called me a couple hours later. Nice guy, earnest, really wants to make things right, but he may already be berkeleyed as he's gotten a call to the office, and our well-meaning neighbor down the street may have dropped the dime being neighborly and trying to help us.

So, the meat of the problem is probably obvious to all, but here goes:

I bought the car for about $3800 2 years ago, and rebuilt everything w/ new parts + FM suspension-exhaust/-chassis bracing. It's literally a new NA and I've got close to $8k in. It's a forever car for me.

Kelly Blue Book for a '92 NA in good condition is about $1500. I've only seen this picture, but it's a pretty solid hit from all the jagged angle iron stuff on the rear of a trash truck - it got the fender, hood, pop-up light, bumper shell, marker light, and probably bent the inner fender and core support. Add in that early NAs weren't clear coated, so I'll need either good used parts or painting the whole car to make it match.

I'm not seeing a way that I'm not berkeleyed on this one.

I've contacted a Craigslist red automatic NA asking $1350 locally - probably the cheapest thing I can do is find a red NA w/ straight panels, swap 'em on, and sell the donor to a SM racer.

Any thoughts? It's historic tagged in MD so there precedent that it's a collector thing - has anyone gotten an appraisal for something that has a huge delta between KBB and actual value in a circumstance like this?

First off, call his employer. berkeley him. He is trying to get out of it with no $ exchanged and you are left holding the bag. Take him for what is word is worth, nothing but hot air promises.

We have insurance adjustors here who will likely chime in soon.
KBB style values is only one factor in assessing value. Another is classified and dealer ads in your area for similar models.
I would start scouring CL and places like miata.net, autotrader and cars.com to find asking prices for same age and miles. Save screenshots to build your case.
In short, try to go buy/find the same car and see what it would cost you. Your mods are not worth what you paid for them just try searching un-modded cars with similar mileage and condition.

Sorry to hear about it but my guess is you will come out of this okay.

Yup, probably screwed as far as the mods are concerned. You need a declared value plan on something like that. Modded cars are essentially treated as stock cars.

But... the good news is, you can total it and keep the car, so the swapping you mentioned is likely you best deal. I had to do a similar thing.

Lawyer up. He will know how to squeeze every penny out of them for it. Do NOT believe the driver. Nothing good will come out of that, only broken promises. He did it, he is responsible, period. Also, police must be notified. And good luck.

I would also contact his employer. Yes he's trying to "do right" by you, but he was driving their truck and they need to know about incidents. It's probably not his first one, hence his wish for secrecy. If he can't handle the truck he shouldn't be driving it.

Edit: I doubt you need to lawyer up, but that's your call. I had a snow plow back into my car once and it worked out just fine with the insurance settlement.

The driver is trying to avoid a safety review. Janel works in construction, even a speeding ticket is a major deal. But he backed into the car, so he has to man up.

You don't need to paint the whole car. I recently repaired my 1990 after hitting a deer and the fresh panels are a perfect match to the originals. No clear anywhere.

Take it to a body shop, someone who's a pro at repair. Your car may not be totalled, it might just need a few new body parts. I'm assuming it's insured as well, yes? If so, then Not Your Problem. They'll take care of it, you just have to make sure the work is done well. If they do total it, then you'll be able to buy the car back and you'll have all your shiny parts to transfer over. Or you'll get a check, you'll fix the car and end up with money in pocket and a salvage title.

Just a random data point that after having my E30 totaled by a rear-ending, with enough whining and receipts and examples, I was eventually handed over to an adjuster specializing in specialty cars, and in the end the insurance company actually coughed up about what I had in the car (obviously not enough to have someone put the car together for me, but significantly more than an average E30 would go for in the local market or KBB).

Keith wrote: The driver is trying to avoid a safety review. Janel works in construction, even a speeding ticket is a major deal. But he backed into the car, so he has to man up. You don't need to paint the whole car. I recently repaired my 1990 after hitting a deer and the fresh panels are a perfect match to the originals. No clear anywhere. Take it to a body shop, someone who's a pro at repair. Your car may not be totalled, it might just need a few new body parts. I'm assuming it's insured as well, yes? If so, then Not Your Problem. They'll take care of it, you just have to make sure the work is done well. If they do total it, then you'll be able to buy the car back and you'll have all your shiny parts to transfer over. Or you'll get a check, you'll fix the car and end up with money in pocket and a salvage title.

Couldn't have said it better. Pay very close attention to this line: "Take it to a body shop, someone who's a pro at repair."

cwh wrote: Lawyer up. He will know how to squeeze every penny out of them for it.

Total waste of time. It's a property damage claim on a car worth a few thousand bucks. There's no money in it for the attorney. They won't even return your phone call.

We prefer advice given here to be actually useful.

From the photo, looks like it mostly needs a fender? I don't think this is one to be worried about a total loss on. Remember, kbb is pricing the 'average' car of that vintage. Yours ain't. It will be worth more; certainly not the amount you blew building it into what it is (hey, we're all in that boat), but certainly enough to get it fixed.

Find a decent shop and have them do a righteous estimate (used fender--let's be reasonable). NOT the most expensive shop in town; that's a waste of everyone's time. A good, honest shop. Ask around to find one; most everyone has had body work done sometime. Tip: it probably won't be a car dealer's body shop. Post back with your findings.

I got a decent chuckle out of the lawyer thing as well. I have yet to run across an attorney who will handle minor property damage except as a value added service to someone who is treating for an injury.

I also love the squeze them for every penny sentiment right off the bat. I'm sure you would appreciate that if you were the one who made the mistake. They haven't denied his claim or lowballed him. Why get a lawyer right off the bat?

Otherwise the advise is pretty solid. Show comprable cars, provide receipts for recent parts and service. Be reasonable and hope you get a reasonable adjuster.

The guy screwed up. If you do not report it, you will have screwed up too. BTDT: my ex and I I restored a 1970 Spitfire together, some woman in a Buick backed into it and told my ex the same thing: 'send me the bill, don't tell my husband, I'll pay for it', etc etc. When I got the estimate of $700 to straighten and rechrome the bumper and have a pro straighten and refinish the nose, the woman freaked, said she wasn't going to pay, we were trying to rip her off, etc etc. I told her that was fine, we would call the police and file a report, admit to filing it late and take our chances. I then hung up and not a minute later she called us back and I told her it was too late, were going to proceed with calling the police. She called me an shiny happy person, oh well, I've been called worse by better. Her insurance co tried to weasel out, I told them nope that's not happening, if you do someone's getting sued.

From recent experience, if the insurance company insists on totaling it and taking the car, STAND YOUR GROUND. Threaten a lawsuit. The person you are dealing with merely wants to empty their inbox cheaply.

Driver is trying to skirt a whizz quiz. If the employer knows about the accident then he will have to piss in a cup.

ditchdigger wrote: Driver is trying to skirt a whizz quiz. If the employer knows about the accident then he will have to piss in a cup.

My older sister was in the garbage business and all her friends from high school (1977) to now are all garbagemen. Ha ha ha I have some crazy stories.......

Assuming insurance is involved - the first offer will be just that, an offer. Feel free to counter it with proof of why it should be more.

We had a bus company back in to one of our cars once. The driver denied it. The stupid thing was that the bus company actually rented one of our buildings, and the bus in question was parked in our own lot with Mazda "Merlot Mica" paint on the bottom of the bumper. Oops.

Looks like minor damage to me, easily fixed with a wrench. Red body panels for Miata's abound in junkyards, if you wish to avoid any repainting.

Will the guy pay cash, probably not, as he's broke. Up to you if you wish to roll that way.

I don't think there's any reason to be considering KBB and totalling the car.

I could use a donor NA myself, so let me know if you pick up the $1350 special and want to sell it after you pick what you want.

More to report:

• Turns out the neighbor down the street called the number on the side of the truck and reported the accident to Potomac Disposal. I found this out when I talked the the driver of the truck.

• When I asked if this had affected his job he said "I'm starting a new job Monday anyway - I was going to tell 'em today". So either he got fired and was lying, or is just not organized in his thinking. Or both.

• So I'm calling the company today for their insurer and filing a claim. I have a friend who was a career high-end painter+body guy. I'll see if he has a recommendation.

• Caveat: I paint my own stuff generally and have for a long time, and it looks as good or better than most shop work. The problem is that I'm buried in finishing a race car and trailer for a double on Labor Day, and hate watching fall weather looming with a prepped car sitting ready, and having to drop everything to capitalize on that last day that's warm enough to do good work in an unheated home-made spray booth.

• So if they'll hand me a fair check, I'll toss a used fender and headlight door on and commit to fixing the rears of the rockers, putting on flares, and painting the whole car come spring.

• Finally, the $1350 red NA in Arlington, VA was rattier than I was looking for. Bad paint on the hood+HL door, mis-matched rt. fender. Auto, bad AC, noisy trans. Shell wasn't rusty that I saw though.

Flares! There you go - everything works out in the end.

So, I just spoke with the insurance agent from Potomac Disposal- owner of the truck and the former employer of the driver. She said the claim had been submitted to the insurer, Great Divide Insurance Insurance Company.

Evidently they'll refer the claim in turn to a 3rd party company who handles the actual adjudication of the claim.

They're called - and I could not have made this up -

"Berkeley Risk"

I was saying I was going to end up Berkeleyed - and now I literally have.

Oh wow...

Risk? berkeley Risk!

Berkley vs Berkeley!

Berkley Risk is similar to the company I work for and I've assisted them in a couple investigations. None involved property damage so I can't comment on what to expect there.

They will likely send out an independant auto appraiser. Talk to him and point out all the damages, condition, updgradges, recent work etc.

Good luck!

damn you guys... have me thinking about ditching the Ti for a Miata