I had one totalled about 20 years ago. I was driving a 9 year old car that
we had just had rebuilt. (We never had people rebuild cars for us back then!
Just dumb luck.) Anyway, we appealed to our insurance company, since we
still had collision insurance on the car (It was a 71 Honda 600--tiny and two
cylinders). They covered our car, since we could document recent repairs, for
exactly $200 less than we had originally paid for it new. As it turned out,
we got (and should have) the top available price for the car, after a long
period of inflation. I hope you are as lucky. This was under OUR Collision
coverage, so we did have to wait for the deductible until later.
I would suggest that you quit trying to deal with the guy who hit you--he has
no authority with the insurance company at all. If they do not want to go
the extra bucks to fix the car AND you are sure you want to keep the car, try
to get them to "fix" it at the rate at which they will total it. You really
want to avoid the "salvage" designation if at all possible. My insurance
company worked with me this way on an even cost basis when I chose to have the
car
fixed rather than totalled, however I was confident that there was no engine
or frame damage and had by that time driven the damaged car enough to be sure
that only cosmetic damage existed. I think I did have to sign a waiver to
that effect.
Don't know what the rules are in New York, but you can bet that they will at
least want to avoid litigation by making you as happy as possible and will try
to settle with you for as little as possible. That's the name of the game.
Enlist the aid of your own company if you need to, and take the stance that
all you want is your truck, repaired and back the way it was. (I am assuming
that you weren't hurt or are having no problems getting medical bills paid.)
The guy who hit you has no authority, and you probably shouldn't even bother
talking to him unless he is helping.
Annice & Bob
1960 Bugeye (Mk. IV in disguise) "The Sprite"
1966 Sprite Mk. III (Still in Boxes) "Trevor"
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