[JohnnyCanuck]

Some comments (I spent 10 years working in the claims side of insurance business (adjuster/examiner/claims manager)).

The OP doesn't really comment about the own damage coverage on the vehicle, but presumably it includes collision. If the vehicle is totaled, that coverage would mean that the insured gets the ACV (actual cash value) of the vehicle as at the moment of the accident. Assuming that the purchaser didn't get soaked by the seller, that should be pretty close to what was paid. Sales taxes, etc., are usually paid. The insured would have to pay the deductible.

The amount of cash put down has no impact on that calculation. The lienholder would normally be a co-payee on the claim to the extent of their lien and the insured would take the rest.

The OP doesn't indicate the year of the car and whether it was eligible for any type of replacement cost or limited depreciation coverage and whether that was purchased. I am assuming not.

Most insurers follow a liability chart. If the third party was turning left and there is no evidence of excessive speed, the liability chart will hold the third party 100% at fault. That means that, in a full tort system, the insured's insurer would subrogate their loss 100% against the other insurer and would include a claim for the deductible, unless there are specific statutory provisions that apply. Once the subrogated interest is paid, the insured is refunded their deductible. I am not versed on PA's legislative scheme so I am not sure whether limited tort would limit the ability to subrogate as well as sue for personal injury. I suspect it does given the adjuster's comments to the OP. On that assumption, the OP's girlfriend is on her own for the deductible and any out of pocket expenses not covered by her insurance (eg. loss of use).

That would not impact the value of the claim itself for the value of the vehicle. Assuming that she paid fair market value or better for the car, one would assume the value would not have changed much in three weeks and the ACV should be pretty similar. If she got ripped off, don't expect the insurer to eat that cost. If she got a smoking deal, it's possible that ACV is higher than what she paid ... although most insurers wouldn't pay above the purchase price without one hell of a fight.

[bimmerboyE92]

Don't sweat it. If you GF is not at fault, and the at-fault driver has insurance. They will pay for the replacement value of your vehicle. Not a blue book or black book. It should be a study of the average of (3) like vehicles advertised for sale. This is the only time high priced dealer pricing is good. Again, just my opinion on when I got hit and it was the other drivers fault. But in the end, my car was not totaled so they paid to fix 100%.

[ASBSECU E93]

Originally Posted by jimj911

I need accident advice. I have never dealt with this before and since I have seen some pretty intelligent people on here, hopefully I will learn something and NOT blow up an insurance companies office! My girlfriend just recently (3 weeks) purchased an awesome used diesel Touareg. It wasnt easy to find one in her price range (under 30k) but she just recently got a great new position at a large Pharma co and she really wanted to drive something she enjoyed. She was thrilled with the car (as was I for the tuning capabilities and overall impressions of the vehicle). Saturday a woman made a blind left turn in front of her on a country rode immediately after a large RV had pulled out of a camping park. My girlfriends car was basically hidden by the rv coming out and the lady didnt see her. My gf was cruising along at a pretty good clip (55 mph ish) and WHAM plowed into the ladies right front end. Speed limit was 55 on the road. Both parties were ok (thank god) but the car is probably totaled. The state trooper said since she was going straight my girlfriend was completely at no fault but we are waiting on the accident report. She will potentially be out a significant chunk of change that she put down to make her payments on the loan easier. How can she recoup this money? The insurance company says she only has half tort so she cant sue. WTF? Any help will be greatly appreciated. Its tough to swallow seeing her so upset about losing a 3 week old car ( to her) but I keep trying to tell her that car either saved her life or at least spared her major injury (NO damage to interior other than airbag deployment). Now the search is on for a similar low mileage TDI Touareg. Not easy to find!

SERIOUSLY!!!! Glad the girlfriend is ok, but damn that sucks!!

[ASBSECU E93]

Originally Posted by TheAxiom

Tort is just the ability to sue for pain/suffering, and doesn't have anything to do with the payout of property damage.

Generally, insurance companies are 'fair' and the idea is to make you 'whole' so they will be offering you market value of the car. To get an idea, look up similar vehicles in the area with the same mileage/options to get a better idea of what to expect, and you're not required to take the first option either.

So if she paid 29K, and put 10K down - and comparable cars are going for 35K, you can expect her payout to be comparable. They also typically pay the finance company off first and THEN disburse a check for the remainder to the insured.

Sorry it happened, glad everyone is ok and good luck.



PS: Don't let her buy a VW again.

WTH man - Treg TDi's are great cars!!

I speak from experience

[JohnnyCanuck]

Originally Posted by bimmerboyE92

Don't sweat it. If you GF is not at fault, and the at-fault driver has insurance. They will pay for the replacement value of your vehicle. Not a blue book or black book. It should be a study of the average of (3) like vehicles advertised for sale. This is the only time high priced dealer pricing is good. Again, just my opinion on when I got hit and it was the other drivers fault. But in the end, my car was not totaled so they paid to fix 100%.

Not correct on how the price is calculated. Most insurers use a third party system that tracks all used vehicle sales in the geographic area. They take the average asking price and condition adjust it (eg. adjust for mileage difference between insured vehicle and sold vehicle as well as exterior, interior, and mechanical conditions). They use actual dealer sales and search used car ads (eg. AutoTrader, etc) and adjust for asking price versus selling price.

Most total loss calculations are based on 20 to 30 vehicles, not 3. That only happens on rare vehicles where insufficient data exists to accurately calculate the vehicle.

[Doc Oc]

Originally Posted by jimj911

https://www.edgarsnyder.com/car-acci...full-tort.html

So it limits you to whether you are eligible for compensation PHYSICALLY down the road due to injury. Im hoping the insurance writes her a big enough check to cover it all, but KBB is 26700 and she walked out the door at around 30000 after all was said and done.

She didn't happen to take the gap insurance did she?

[ASBSECU E93]

Originally Posted by Doc Oc

She didn't happen to take the gap insurance did she?

This...?

[Taskmaster]

Originally Posted by ASBSECU E93

WTH man - Treg TDi's are great cars!!

I speak from experience

Just saying, I can't give praise to VW

[ASBSECU E93]

Originally Posted by TheAxiom

Just saying, I can't give praise to VW

They make a great suv....leadership is crooked as hell though.

[jkoral]

I never heard of limited tort. It looks like it is specific to Pennsylvania (only):

https://en.wikipedia.org/wiki/Full_t...bile_insurance

[jimj911]

Thanks to all who replied, especially whoever said don't take their first offer. I turned down an offer of 25900 from our insurance and they did their homework and within a few days came back at almost 29900. That was enough to take care of what she owed and had put in as cash for the most part. We are still going after the other ladies insurance for her deductible of 500. She got back from Denver last night (closest low mile replacement I could find!) and a mini Thelma and Louise road trip with her daughter who is on college break. They had a blast and we ended up getting her into a higher trim level and lower mileage example of the same car in a color combo she preferred anyway. Ironically same as my BMW. Now for the tuning to start.....again THANKS!

[leopard print]

Originally Posted by jimj911

Thanks to all who replied, especially whoever said don't take their first offer. I turned down an offer of 25900 from our insurance and they did their homework and within a few days came back at almost 29900. That was enough to take care of what she owed and had put in as cash for the most part. We are still going after the other ladies insurance for her deductible of 500. She got back from Denver last night (closest low mile replacement I could find!) and a mini Thelma and Louise road trip with her daughter who is on college break. They had a blast and we ended up getting her into a higher trim level and lower mileage example of the same car in a color combo she preferred anyway. Ironically same as my BMW. Now for the tuning to start.....again THANKS!

Glad it worked out for you! A simple "No" yielded an extra $4K. Great job.

[MKSixer]

Sorry I missed this. I'm glad no no one was hurt and that you were able to be made whole on your loss, as well.

Cheers-mk

[Beartato]

Originally Posted by JohnnyCanuck

Not correct on how the price is calculated. Most insurers use a third party system that tracks all used vehicle sales in the geographic area. They take the average asking price and condition adjust it (eg. adjust for mileage difference between insured vehicle and sold vehicle as well as exterior, interior, and mechanical conditions). They use actual dealer sales and search used car ads (eg. AutoTrader, etc) and adjust for asking price versus selling price.

Most total loss calculations are based on 20 to 30 vehicles, not 3. That only happens on rare vehicles where insufficient data exists to accurately calculate the vehicle.

That always makes me wonder for my car being where it is if something happened. Insurance is gonna have a tough time finding even 3 used M235is, if that, in or around Utah.