Why isnt my car being totalled? - Mustang Evolution

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Old 07-19-2011, 02:30 PM   #1
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Why isnt my car being totalled?

My husband and I are the Mustang Couple that just had their wedding at Bozard Ford on the showroom floor.If you google Mustang Wedding we are the 1st story that comes up. We just bought a 2011 Ford Mustang. We were in a accident that did over 8 grand in damage to the front end. Damages include a tear in the frame on both sides of the car. Plus bent it so that the front of the car is shifted a little to the passanger side. Gieco says its fixable and they have instructions from Ford on how to do it. They are gonna pull my motor, tranny, and remove the suspension then cut out half the frame and sister in another half. I only have 4100 miles on this car. Only made 1 payment so far. I think I need a lawyer. Shouldnt I be getting a compleat whole frame, this will always be a problem with tires and alignment, its pieced together. We were not at fault for this accident and started our day out in a brand new Mustang. They are paying 100% of the repairs. And of course protecting thier company by paying as little as possible for the entire thing. I have been promised a check for the deminished value of the car, that of course is being determined by the Geico appraiser. The dealership has agreed to give me a appraisal also, for compairson. I want to hire a lawyer but dont know where to begin.
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Old 07-19-2011, 02:48 PM   #2
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Why isnt my car being totalled?

you begin by hiring a lawyer
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Old 07-19-2011, 03:25 PM   #3
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Why isnt my car being totalled?

Geico then is the insurance company of the party at fault?

Your car is not being "totalled" because "Totaled" means it would cost more to repair the car than the car is worth. Since that isn't the case here, your car isn't being totaled.

So, you dont have to accept the settlement offered by the other party. You can sue them for more. The problem with that is you might loose. Even if you win, you might not win enough to pay the lawyers.

Have you called YOUR insurance company? They should be on your side and help you get whats fair.

How do you start? Call a lawyer. Are there really no lawyers advertising on your local TV station :car wreck?, we'll check?
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Old 07-19-2011, 03:39 PM   #4
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Why isnt my car being totalled?

Mustang does not have a full frame to begin with, and it sounds like the damage is repairable within the limits of your insurance policy. It's up to the insurance company to decide if the car is "totaled"

You can talk to a lawyer to see what your rights are in this situation, but it's still up to the insurance company to make the final decision. Of course, if you want to sell the car once it has been repaired, then that's your right too.
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Old 07-19-2011, 03:43 PM   #5
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Why isnt my car being totalled?

Working in the auto repair and towing industry, I have asked the adjusters why cars I thought would be totaled were not, and the simple issue is that to total a car the damage has to go over 80% of the cars value.

Since this was a 2011 with only 4,100 miles, depending on your options the car probably only has lost 10-15,000 value from a new one. This is why you are having it repaired.

As for issues with tires and alignments, I have seen cars put back together, as the body shops use a frame rack to get a good straight frame, with no issues.

Yes you could get a lawyer and possible win a case, but it will take time and since there is no guarantee that you will win.

Personally I would fix the car and sell it and then switch insurance companies, as I have seen commercials for one insurance company that replace the car at full value if it is wrecked in the first year.

Probably not what you wanted to hear, but you are going against a large company that has standard policies in place.
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Old 07-19-2011, 04:07 PM   #6
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Why isnt my car being totalled?

I agree with you, however this will cost you more than its worth in the end, And no attorney will take this without getting paid up front, which leaves you wide open for some large fees. What is the best thing for you to do? Your vehicle has been damaged yes, but far from totaled. The insurance clearly is not going to do a new frame and completely dissasemble the car and reassemble it.Do your research on diminished value on your own, And see what you come up with. An insurance company has teams of lawyers on staff 24 hours a day, which amounts to almost limitless resources. You may win, or you may lose. I think you would be better off making a deal for a new mustang, trade in your repaired one and use the diminished value to offset the cost.
In the long run, it will be far less expensive for you, If you start a lawsuit, and it gets to court in 2or 3 years, you now have a 2 or 3 year old mustang (with no new frame even available?) so what do you win? even if you win? INSURANCE COMPANIES SUCK, THATS A GIVEN. WE ALL KNOW THAT. I AGREE WITH YOU FOR WHAT ITS WORTH, and others might too, but in the end, whats realistic? what is feasible? and what do you really win? good luck, which ever path you choose. If the ford dealership will work with you, perhaps you can figure out a deal with them?
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Old 07-19-2011, 04:14 PM   #7
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Why isnt my car being totalled?

Only thing with a full frame these days are full size trucks and SUVs, a Mustang is a Unibody, and for a good collision repair facility the repair of your car is not that big of a deal, it goes on the frame rack(very big expencive machine) and a jig is set up to your cars specifications, all the wrecked parts are cut off and new ones are welded back on, just make sure the shop doing the work is ICAR certified and chances are you will never know it was wrecked.
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