My DeVille Got Hit

[jndnaps]

Well now their insurance company is saying the car is a total loss and that they'll give me $1,966.66 and they take the car. That or I get $1,738.00 and I keep the car, but it gets a salvage title. And you wonder why people go postal. If they were local I'd beat their butts with a baseball bat. So sick of dealing with these nut sacks..   

[OldCadTech]

I battled with an insurance company that tried to total a 1985 Honda 1100 Shadow that their "insured driver" in a VW bug tried to cross 6 lanes of traffic and the turn lane I was in so he could pull into the gas station on the other side of the 7 lane road. 

I simply explained to them that their driver was at fault (same as you). Their driver was cited by the police (same as you). And that I should be restored to the same "condition" I was in prior to their drivers idiotic ( I used other words - insert any that are appropriate ) actions. I threatened them with the lawyer "Dagget" thing ( just like in the movie True Grit ) and that it was going to cost them a LOT more than the cost to repair the motorcycle and for me to disappear... I ended with an extra $300 ( for my pain they said ) in my pocket and the Honda looked great after the repairs!! I did "have" to sign a paper stating I would not seek any legal action.

Just sayin......

BTW - they WANT you to get tired of dealing with them...

[Cadillac Jim]

What he says.  If you have a family lawyer, ask him about it.  Here, you have been given an ultimatum with specifics.  IANAL but I think that OldCadTech's point that you have a right to be restored to the condition that you were before the accident is key here.  If they refuse, ask for their proposal in writing so that you can review "their offer" with your attorney.  And, get an attorney, don't just bluff.  This is a minor matter, any good family lawyer should be able to deal with it in a few minutes.

Most gnarly consumer legal problems are solved in seconds by a decent lawyer calling another decent lawyer on the phone and saying "You can't be serious!"

[jndnaps]

I have a personal injury lawyer handling my injured neck, they did contact the insurance company for me but they said they don't really do the car damage part but are willing to do a little for me. I'm just really spent. Life is kicking my b u double t and I just can't deal with it anymore. I'm about to lose my mind. Should I maybe go see another lawyer for just the car/property damage? The lawyer I have now doesn't want me to talk to the insurance company right now. 

 

[Cadillac Jim]

If you have a lawyer talking to the insurance company, you should NEVER talk to them yourself.  Insurance agents may try to undermine negotiations with a lawyer by talking to you directly; if you get a letter from them, give it to the lawyer.  If you get a phone call from them, give them your lawyer's phone number and name and NOTHING ELSE WHATSOEVER.  If the call and ask if it's raining, tell them to ask your lawyer.

In other words, your lawyer is looking out for your interests when he tells you not to talk to the insurance company yourself.  If they feel unduly imposed upon by dealing with the insurance company, they will tell you so and you can seek other help, or they can recommend an additional or substitute attorney.

The fact that your insurance company has offered two unacceptable alternatives to you tells me (and any lawyer) that they don't have a leg to stand on and they are trying to abrogate their contract by bullying you.  Solving this kind of problem falls into those problems solved by a phone call beginning with "You can't be serious!"

In any con, the critical moment is when the mark says "yes."  Never forget that.  One of the reasons that your lawyer doesn't want you to talk to the insurance company is because many of them are experts at getting an innocent communication that does just that for them.

[rockfangd]

it is so easy for the insurance to just total things, regardless of the situation.

that is where we take the loss. Few people fight for what they hold value to. 

If this was one of mine I would not go without a big fight.

It helps to provide records of service, investments (repairs and restoration) tires, dealer, etc...

I really wish you the best of luck. Just hold onto some sanity and you will get through it. 

[Cadillac Jim]

I've heard of many cases where insurance adjuster's first offer was a huge lowball.  It happened to me, once.  About 1977 I was in a 1969 Chevrolet 9-passenger wagon with the 427 engine, and a visibly stoned kid in his daddy's new Dodge Diplomat ran out of a blind parking lot entrance right in front of me.  Reflexes and brakes saved the day pretty much, as my car had minor RF fender damage and a tilt in the front bumper, but the Dodge Diplomat did not fare so well, not having a bumper on its left front fender.  I recall the guy standing in front of the car; he saw the left headlight wavering on what was left of its support and tried to steady it - and when he touched it the headlight fell off into the street.  I put the radar detector in the glove compartment while we waited for the police.  The cop walked around the scene, came up to us and asked "Is there any question about what happened here?" and the kid hung his head and said "No, sir."

His insurance adjuster took one look at that old car with the dent in the fender and the crooked bumper and offered me $250.  I said that he could fix it or he could replace it, but if he replaced it I wanted another 427 station wagon.  At the time I didn't know that only about 400 1969 Chevrolet wagons were sold with the 427, but the body shop just sent them the bill and everything was OK.

A few years later (1979 I believe) I was parked somewhere and got back into he car and started it.  When it started, some dude ran up to me and offered me thousands of dollars for it.  I said no, and he doubled the price.  I put on my game face and drove off.  I drove that car for another several years, until I couldn't get parts for it anymore.

[OldCadTech]

Keep the fight alive 

YOU will be VICTORIOUS 

[Cadillac Jim]

I predict that you will hear nothing for a week or two, then your lawyer will tell you that they are fixing your car.

[jndnaps]

Thanks for your replies. Talked to my lawyer today. He said they're still working on it for me. I guess I jumped the gun when I got their stuff and took it as a take it or leave it kinda deal. Between this accident, going through the hurricane and having no power for 7 days and the damage to my house on top of life that was already kicking my butt before said stuff I'm just at the end of my rope. I keep getting people telling me that "God won't give you more than you can handle" But I'm getting very close. I'm standing at the edge of the cliff ready to go over.. LOL.. So the lawyer is gonna keep working on them for a little more money to fix it and to keep the title clean. Don't want a salvage title on it. It's bad enough it's gonna be reported on Carfax and or Autocheck now. This would be a perfect opportunity to just take the money and look for a 2011 DTS but I just can't afford it right now. I would love a DTS in the same color combo as the 96 but with the buckets and console. I really love the looks of this 96 and I've had it for almost 13 years now so I'm kinda attached to it. Whenever the time comes it's gonna be hard to let it go. 

[Cadillac Jim]

Yes, it was a take it or leave it offer, true.  They said take a salvage tile and a lowball repair that you probably would not be satisfied with, or take a lower ball cash settlement that wouldn't pay for the damage or repair.  And you are saying fix my car, please, you broke it.  And, hey, that's their contract.

In addition to not making a fair offer that satisfies their obligations, what really raised my hackles was threatening to put a salvage title on the car.  If you have that in writing, keep the original, and make sure that your lawyer has a copy; that would not look good for them if push comes to shove, because they have no standing to write anything on ayone's title that they don't own.

It does sound like the lawyer is working for a cash settlement rather than paying for a repair.

[jndnaps]

Thanks, yeah, now my lawyer just told me it's a good offer. So I guess I'm done with them. They're going by KBB on the car. KBB is a joke. NADA is more on line with car values in my opinion. So now I gotta go find another lawyer and go through more BS..

Here's what their insurance company said:

The settlement offer for us to keep the vehicle (we pick up) is:

$1,966.66.

 

If your client would like to keep his vehicle, the settlement offer is:

$1,738.00.

 

 

Please remember if he keeps the vehicle, I will still need the Power of Attorney and the title sent back to me.  The FL Statues on keeping a salvage vehicle do apply. 

 

Let me know if there are any other questions.

My lawyer isn't a property damage lawyer so I guess now that they got the case closed and they get their money I'm sh!t out of luck on my car as far as they're concerned. I'm always getting bent over the barrel.. 

[Cadillac Jim]

Tell the lawyer that you need a few days but don't tell him anything else.  IANAL but I don't think that you ever need to give anyone your title or power of attorney over your title (the same thing, legally) except to sell the car.

"Under Florida law" can mean anything; the exact statute, and case law on that statute, does have meaning but may or may not be relevant to any particular situation.  As a generic phrase, it's BS.  As a legal technique that they teach in law school under the topic "persuasive logical fallacies" it's called "appeal to authority" or "false authority."

If you have decided to use another lawyer (which seems to be a good decision based on what I see on this thread), protect his ability to negotiate by not providing other hooks for the insurance company through further communications of any kind.  That means being noncommittal with your current lawyer.  Anything you tell him will almost certainly be passed on to the insurance company after being filtered.  For example, if you say to your current lawyer not to tell the insurance company anymore, or that you plan to get a second opinion, they will likely covey that to the insurance company.

Remember that this is a public forum and is picked up by search engines.  If your user name here is known to your insurance company, you can bet that they are following this thread.  There is a distinct possibility that it is anyway.  Photos of your car, particularly if the license plate is not obscured, will identify the car for them, if they find the thread and people familiar with your case examine it.

[jndnaps]

OK, so my lawyer finally came through for me. Took a talking to by my doctor to get him to get his butt in gear though. Doctor pretty much told him that if he doesn't step up and take care of this he wouldn't be sending him anymore business. Sooooo, he ended up getting me a lot more than they offered. Car will not be totaled so it still has a clean title and have more than enough to fix it. I just don't know if I'm gonna bother fixing it now. Was looking at an 02 Eldorado and may buy that instead. Gonna think about this a bit.  

[OldCadTech]

THAT's what I thought would happen 'cept for the part about the 02 Eldo....

[Cadillac Jim]

You might fix the car first and make sure that it's OK before you commit to another car.  That puts you back into a normal situation when looking at a later model.  It also gives you something to compare to, the same day, when you drive both cars.  There are a lot of things about the E/K platform that makes those Cadillacs special:  rubber-mounted subframes for both front and rear suspension for quiet and vibration-free ride, multi-link rear suspension with alloy rear A-frames, load leveling, slow-closing trunk lids, etc. and if any of it is not in good shape, you can tell by getting back into your car and driving the same day.

Something that occurred to me after I thought about why they wanted to put your car under a salvage title, when there was no discernible reason for that:  it can never get another insurance claim again.  The car becomes uninsurable if it has a salvage title.  It also reduces the BBW value to zero.  I'm not a lawyer and I don't have experience with this kind of thing, so if you know better on good authority and I'm wrong, please step up.

[rockfangd]

Good for you. Hard work pays off.

I would absolutely fix the Deville before buying a Eldo.

I have had 2 eldos and although very nice cars truly no comparison to the Deville. Especially the 96. 

I would love to get my 96 Deville back. Things started changing in 1997 and seemed to get cheaper. 96 was a wonderful year.

Last year of the skirts, glass headlights, and other things

The eldos had issues. Door panels were not great .The 00-03 engines love to use more than marginal oil.

When I bought my last eldo I drove it hard and I still had to put oil in it once a week. I travel too much to have to do that.

I replaced it with my 97 D'elegance and have not added any oil since. Same thing with my Seville, Never had to add any oil yet.

My honest opinion is that the Deville is the top model of the E/K series. It has the best comfort, ride, and performance all in one.

I can go all day. I dont want to be judged, just giving my opinions having owned many

[OldCadTech]

I agree, best to fix the 96 and then shop for the Eldo.

Too bad ya didn't live a little closer, I have an 02 Seville that will be looking for a new home soon. 

[rockfangd]

Or closer to me. I would love to have another 96 Deville

[Cadillac Jim]

If I could look at the car, I might be able to fix the oil burning problem.  My ETC never burned a drop of oil until the dealer decided to do whatever it took to get me to trade the car.  I got it down to a quart every 2000 miles by simply having it serviced somewhere else and using top-notch oil.  The first oil change got it from a quart every 100 miles to a quart every 1000 miles, and after the second oil change it dropped to a quart every 2000 miles or better.  I changed the oil every 6000 miles and never had to add oil anymore.

Oil leaks are another matter.  Torquing oil pan bolts is a good thing but you should use a snap-over torque wrench to be safe.

[rockfangd]

I know multiple people that owned 2000-2003 Cadillacs. 

None own them now. all had the same consumption issue.

[jndnaps]

On 11/10/2017 at 6:17 PM, Cadillac Jim said:

You might fix the car first and make sure that it's OK before you commit to another car.  That puts you back into a normal situation when looking at a later model.  It also gives you something to compare to, the same day, when you drive both cars.  There are a lot of things about the E/K platform that makes those Cadillacs special:  rubber-mounted subframes for both front and rear suspension for quiet and vibration-free ride, multi-link rear suspension with alloy rear A-frames, load leveling, slow-closing trunk lids, etc. and if any of it is not in good shape, you can tell by getting back into your car and driving the same day.

Something that occurred to me after I thought about why they wanted to put your car under a salvage title, when there was no discernible reason for that:  it can never get another insurance claim again.  The car becomes uninsurable if it has a salvage title.  It also reduces the BBW value to zero.  I'm not a lawyer and I don't have experience with this kind of thing, so if you know better on good authority and I'm wrong, please step up.

I'm still thinking about it. It's got a lot of electrical bugs going on. The paint is chipping off on the edges of the hood and the usual rust started to pop up under the rear license plate. The chips haven't spread up on the top of the hood though. I noticed the grill is cracked and a bit loose and it chipped the paint in the front now, too. I was gonna buy one of those E&G grills for it. That would cover up the chip and pretty much stop it from spreading up to the top of the hood, but I'm not a big fan of those grills. It needs a set of shocks and struts real bad also. The 02 Eldorado I was gonna buy is off the market. They decided to keep it. I don't know what the insurance company was thinking. They pretty much said the car was only worth under $2K and the repair estimate was over that. But, the lawyer got them to value the car higher to where it was under 80% 

[jndnaps]

On 11/10/2017 at 9:38 PM, rockfangd said:

Good for you. Hard work pays off.

I would absolutely fix the Deville before buying a Eldo.

I have had 2 eldos and although very nice cars truly no comparison to the Deville. Especially the 96. 

I would love to get my 96 Deville back. Things started changing in 1997 and seemed to get cheaper. 96 was a wonderful year.

Last year of the skirts, glass headlights, and other things

The eldos had issues. Door panels were not great .The 00-03 engines love to use more than marginal oil.

When I bought my last eldo I drove it hard and I still had to put oil in it once a week. I travel too much to have to do that.

I replaced it with my 97 D'elegance and have not added any oil since. Same thing with my Seville, Never had to add any oil yet.

My honest opinion is that the Deville is the top model of the E/K series. It has the best comfort, ride, and performance all in one.

I can go all day. I dont want to be judged, just giving my opinions having owned many

I had a 96 Eldo that I bought used back in 97. Loved that car. Had no problems with it. I bought and sold a lot of Caddies and I had a few Eldos with cracked door panels. The 02 I was gonna buy is off the market now. They decided to keep it so I'll be keeping the Deville, just not sure if I'm gonna fix it. My Deville doesn't have glass headlights. They're plastic. They look brand new though. Yeah the 96 is a sweet looking Deville. I'm still washing it and taking care of it even with the caved in door. 

[Cadillac Jim]

The headlights on Cadillacs and many other cars are just fine until someone buffs off the hard outer coating.  After about a year, they go cloudy.  They can be buffed but until the coating is renewed, they will go cloudy again in a few months.  The key is to be careful who washes your car, don't have it detailed with a shop that has a mouth-breather buff the car, and if it ever does happen to you, do the two-step treatment that includes renewing the coating.

I've thought for years that a good way to get Mercedes, BMW, Lexus and Infiniti drivers to drive a Cadillac is to offer guaranteed headlight renewal.  The coating takes time, so they need a loaner...

[Logan]

This stuff works great for headlights. Two part...extremely glossy....cures rock hard...has UV protectant..