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Date:         Fri, 31 Oct 2008 11:40:26 -0700
Reply-To:     azsun99 <azsun99@EARTHLINK.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         azsun99 <azsun99@EARTHLINK.NET>
Subject:      Re: HELP! Blackbeard Update-Not Good.
Comments: To: Matt Drew <t3vanagon@GMAIL.COM>
Content-Type: text/plain; charset="iso-8859-1"

There is a lot in the archives on this, but basically, time is on your side. They want to settle quickly and cheaply. Stand your ground. Good luck! Jerry in AZ

Here is a quote from Mark in AK:

"Take possession of your van, it is still your van and will remain so until you settle with the Insurance company. Therefore they have no right to deny you access to it, the towing company however may deny access until the fees have been paid. This may or may not be legal but it does happen. A pretty face and a sob story may help in getting to the van for personal effects, but not for removal of attached parts. Storage fees add up quickly so the sooner you get it back the better, later you can negotiate these expenses into the settlement as the crash was caused by the other driver and their insurance is obligated to cover your losses within reason. Call the tow company, pay the fees, and have it towed home or wherever you can store it, and save the receipt. If they argue you can tell them that you did not authorize it to be towed anywhere but to your house and were not given the option on where it went(an assumption on my part based on years of experience). Compile all of your receipts for the engine, rack, tires, engine, awning, etc., it is possible, though difficult to get reimbursed for them should the van not get repaired. Save these for later in your negotiations though, start with hitting them for real market value, not NADA, Kelly, etc., book value. They will hit you with "Book" value, we all know that "Book" value is low on our vans. I checked value on both of our vans recently and it showed high book on my `87 Syncro around $8300.00 and the `87 Westy Syncro was $8900.00. Get on line and find every comparable van you can, try Autotrader, TheSamba, GoWesty, and every other place you can. They will argue that some of your comparables are from outside of your market, you position will be that this is where you had to look to find real comparables and if they do not like it they are welcome to find a replacement van for you. One that is truly comparable, not just the same year or model, they hate this and would rather write a che ck than spend resources replacing your van. For every comparable you find list and describe every difference, ie; your GoWesty engine has less miles, body in better condition, the accessories you added, etc. Again, the Insurance co. won't want to talk about the accessories but they are part of your financial loss and the longer you hold out the better you will do. Do not let them tell you that they only have to settle for market value of the van without the accessories, they are not your insurance company, it was the other drivers fault, so you do not have a contract with them stating what they have to pay for your loss. Option "B" for the accessories is to settle on the van but get them to let you pull those items(shoud they total it and you not keep salvage rights). While you are at it, track the hours that you spend on researching the value and negotiating with them then submit a bill for your time, they won't like it but your time has a value and their client has caus ed you to spend "X" amount of your valuable time dealing with this. Make them provide a rental car, they hate to pay for them but since you can no longer drive your vehicle they have to provide one. This gives them incentive to settle quickly as rental fees add up fast, the longer you hold out on for your price on the van, the more they spend in rental fees. Should they total your van consider buying back the salvage, it is worth very little to them as they know that salvage yards only want late model, popular vehicles, not 20 year old niche market Vanagons. A recent example of salvage value that I came across was on a `91 Westy Syncro with a reported 38,000 miles on it, after an engine fire it was sold by the insurance company for a reported amount around $3,000.00. Yes the buyer knows what he has, no he won't sell it, I've already tried! Should you not be in the position to deal with parting out your van maybe ther is someone on the List nearby that can help, or that r ecognizes the value of the parts and is willing to purchase the carcass for a fair price. Where are you located?

The bottom line is that you are in the drivers seat, it is your loss, but someone else has to make it right, within reason. Check your State laws, talk to your insurance agent, document everything, including time spent, and do not settle until you are satisfied."

Mark in AK

----- Original Message ----- From: "Matt Drew" <t3vanagon@GMAIL.COM> To: <vanagon@GERRY.VANAGON.COM> Sent: Friday, October 31, 2008 10:23 AM Subject: HELP! Blackbeard Update-Not Good.

> Adjuster just came. > > This sucks. Based in part on the prices of similar vehicles for sale in the > area (and this is Vegas, so good luck with that) the value of Blackbeard is > $2,649. > Cost to repair (minus the radiator, because he couldn't actually get to the > radiator to look at it) is $4,500. > > Total labor per his report is over 22 hours. > > Even with the additional value given the new (<75,000 mi.) engine, the > massive number of hours PLUS parts is just too much. > > Alright. > Never been through this before. > Aside from the new damage, Blackbeard is in FANTASTIC condition. > Interior is very clean. Cruise works great. Power mirrors, windows, door > locks, AC (needs to be replaced though), and the OEM carpet covers are even > in good shape. > No rips/tears. . . > > Do I take the total and have 'em haul it off? > Do I have it towed to a recommended shop for an estimate? > Anyone else dealt with this before? > > HELP ! ! ! ! > > -Drew > '90 GL "Blackbeard" (Life Support) > > > -- > No virus found in this incoming message. > Checked by AVG. > Version: 7.5.549 / Virus Database: 270.8.5/1758 - Release Date: 10/31/08 8:22 AM > >


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