Did you finally pinpoint the cause of your vibration?

 

I possess a bit of knowledge in this regard, that I'll share with the forum.


When using your own policy for repairs, things are governed by contract law. There are several items in the "small print" of a policy that are NOT advantageous to the policy holder. Things like limits on labor rates, rental expense, material caps and so on.


When acting as a claimant against the injuring party, things are governed by state Tort laws. In this case you don't "contract away" control over the repairs.


THEN... there are the "NO FAULT" states....I personally feel these are states where the legislators have been lobbied by the big companies, and overall, is detrimental to the public (of course their counter point would be, arguing cost control at large).

 

This site has great info and the different dialog amongst the members is top notch. I've been lurking around here for years and still enjoy it.

Keep it coming...

 

I did, it was a brake rotor if you can believe it.

These cars are notoriously fiddly about small vibrations. Even removing the wheel and cleaning the seating faces of the rotor and wheel can change things.

 

You're spot-on regarding small vibration sensitivity in these cars. I learned that the first time I put new tires on the rear axle of my wife's car in April 2012....

My 1999 Dodge Ram pickup is on the exact opposite side of the spectrum. I could run one front tire at 45 psi and the other front tire at 35 psi and the truck wouldn't even blink....

 

Update:

Finally got a response regarding my Diminished Value bill from the offending driver's insurance company yesterday afternoon. They have hired their own "independent" appraiser to come inspect our XK8. His job, of course, will be to low-ball the lost value as much as he can. Fair enough - I enjoy a good battle. He should be ringing our doorbell within the next couple of hours....

 

Update:

The "independent" appraiser was here and gone in ten minutes. He took numerous photos, looked inside the cabin by opening the drivers door, and did not open the passenger door (all accident damage occured on the passenger side), hood, or trunk. He asked me a few questions about the damages, the repairs, and our current level of satisfaction with the car. He knew nothing about XK8s and had to ask whether the car had a CD player. I explained the Victory Edition badging and listed the options that package included. He said he would write up his report and send it to the offending driver's insurance company later today. I asked him to send me a copy. He declined. Like last time, I'll have to battle the insurance company for a copy....

Stay tuned....

 

I wonder if the appraiser would have agreed to you having a video cam set up to record his appraisal process? Would be fun to introduce that as evidence in small claims court. I'm following this thread since I'm a residence of NC. I wish you the best because I do believe anyone involved in a accident does incur additional "residual damage" even though the repair has been made to acceptable standards. Let's put it this way, would you buy a vehicle that has been in a accident versus another identical vehicle that has no accident record? Let's face it, that is 90% of why Carfax is in business. Good Luck.

 

I never even thought about videoing the "independent" appraisal today. My wife could have done that on her iPhone while I talked with the guy and showed him around the car. Good suggestion, but I missed the opportunity. The good news is that I didn't need a video of the offending insurance company's "independent" appraisal when I went through the process in 2009, so I hope I won't need a video this time, either....

 

A scenario has come to mind, triggered by the original poster's comment that he had a previous DV claim in '09 (on a different vehicle).


Lets assume a vehicle was repaired to pre-lose condition, and a DV claim was then paid out, after repairs.


Now lets assume the SAME car is in another collision....DOES THIS MEAN the value of the vehicle has ALREADY been reduced by the amount of the DV claim paid previously ??? Thus reducing the threshold of the cars value if the second collision is undoubtedly a total loss ?


To put arbitrary numbers to my scenario, consider this:


Initial value of Old XK8 is $10k


First collision is UNDER total loss formula of 70%, say, $6k


Diminished value claim after first collision, $4.8k


SO, already having $10.8k paid out on a vehicle worth $10k (and now only worth $5.2K, because of diminished value)...THERE IS ANOTHER COLLISION.


Lets say this time the thing is ripped in 1/2 and is undoubtedly a total loss.


What's should be the payout on this total, $5.2k, because diminished value of $4.8k had already been paid ???


What if the vehicle had been sold to a new buyer after DV had been paid but before the total occurred, shall he only be entitled to the $5.2K ??


Does a DV claim, "Brand" a title??

 

The first collision would in most states make the title a "Salvage" or "Rebuilders" title. Some insurance companies will not insure Salvage title cars for anything but liability just for the very reason of not having to pay out on it again. The Salvage titles stays with the car for "life". When I started looking at XK8's almost all the ones in my price range had Salvage titles and thats when I found out about the insurance limitations. For some reason it seems every other XK8 has a Salvage title.
Also many banks will not loan on a Salvage title car - found that out real quick also.



Dave

 

Jon,

Sorry I've been out of touch I'm going to call you this evening and catch up. Work is insane. I just read through this entire thread.

I have a few comments and point that I'd rather discuss with you privately.

As far as I know unless the car was deemed a TOTAL loss during the first collision, and then bought back from the insurance co OR going through the insurance auctions and bought (with a salvage title) and then repaired subsequently and then put on the road again. Then the next or subequent collision is treated as an entirely different event. The car is NOT stigmatized or title branded by a DV claim. Afaik you can pursue a subsequent DV claim on a subsequent colision. (In states that are red and haven't sold their resident's rights to the insurance co's.) I live in NJ - highest ins rates in the country, NO DV claims, No fault for injury and property repairs (you deal with your own co), AND a tort threshold only allowing you to sue if you sustained permanent disfigurement, paralysis or uncorrectable medical condition.

I have a good friend of mine who was a passenger in a saab 9-3 convertible that was tboned in the passenger door by a new driver who ran a stop light. She had several spinal fractures, multiple surgeries etc, and was undergoing chiropractic and physical therapy treatments, which were eventually refused by the insurance co because she had reached something called "MMI" - maximum medical improvement. Based on the ins co's drs claiming that no future medical treatment would result in any measureable improvement in her condition. She was left unable to work for an approx 3 year period of time, and has depleted her savings, and has relied on the grace of her family for sustinence.

The ins co's are a for profit corp and the ONLY interest they will represent is their OWN. No matter who's fault, no matter the circumstances, you have to fight them and demand everything you are entitled to. This tends to be less of an issue with damage to vehicles, they usually pay there. BUT god forbid you are injured in an accident,

Take care,

George

 

Hey George,

As always, thanks for your input. I figured work had swallowed you up during the past couple of months. But hey, it puts food on your table and toys in your garage, right?!

Don't worry, we'll get through this just fine. No one was physically hurt. Once my Diminished Value claim is settled (my guess is October), we'll decide the future of the XK8. The offending driver's insurance company is dragging their feet in responding to me, but I expected that. They're counting on me to throw up my hands and magically disappear. And you are indeed correct - ALL insurance companies put their own interests above their clients and combatants. If you're not willing to battle them, you're going to get eaten alive. Good thing I enjoy a formidable duel from time to time....

 

Update:

It's been more than five weeks since I mailed my Diminished Value package to the offending insurance company as the local claims adjuster instructed me to do. I grew tired of being ignored so I tracked the appropriate person down and called him this morning. I was a bit surprised when he actually answered his phone....

After a long-winded explanation of why he felt my agent's appraisal was far too high and why his "independent" appraisal two weeks ago was more accurate, he offered me $2,000 to settle my claim. I chuckled for a few seconds, asked him to e-mail me his appraisal, and then told him to put his offer in writing to me via e-mail. Once I have it, I will respond by informing him that his offer is unrealistic and will ask him to raise it to a more equitable figure....

Before hanging up, I made him aware that I have been through the Diminished Value legal process before and emerged with a very favorable outcome. Perhaps that will serve as some encouragement for him to cut to the chase and raise the stakes to keep from being dragged into court....

Game on, so stay tuned!

 

Go get'em George! Good luck brother!

 

All right ---I love a good a$$ whoop'en. Just like another "John" in the movies.

 

Update:

Sparring with this guy on the telephone has been great fun the past couple of days. He cannot bring himself to believe that I simply won't bend over and kiss his ring and accept his "generous" $2,000 settlement offer! He has verbally berated me, my appraiser, our car, and our case for me not seeing the error of my ways. I managed to hold my tongue and will stockpile my ammunition for when it actually counts....

Yesterday afternoon he invoked his "good faith gesture" and raised his settlement offer by a whopping 10% to $2,200. Says that is absolutely the best he can do....

I asked him if he really wants to go through the hassle and expense of a court case. I reminded him that I've been through the process before and will certainly engage in it again if he cannot find a way to be more equitable. He essentially said "Bring it on"....

So I will....

 

Update:

In preparation for filing my Diminished Value lawsuit I called the offending driver's insurance company's regional office this morning to obtain the appropriate corporate officer's name, title, and mailing address where I need to send the official Small Claims Court summons to get the legal process underway....

The regional manager I was transferred to was understanding, sympathetic, and quickly realized that it would be more favorable to negotiate with me rather than allow me to follow through with suing his company. So he listened while I explained my position, my reasoning behind it, and then quickly offered what I considered to be a fair settlement....

I accepted his offer, asked him to put it in writing via e-mail to me, and thanked him for his time. If he indeed follows through within the next ten days as he said he would, I can close this case with a favorable outcome much sooner than I originally expected....

Sometimes the negotiation process is all about getting to the right person at the right time with the right information. This may be one of those circumstances. We'll see....

 

Really congrats buddy! It appears you have the right moves in this process.

 

Do not feel bad man, my xk8 just got totaled out,from a hit skip that crushed my heart(feelings) and I had to go through the same crap. So they found the highest value xk8 and used that.

Had I been in your situation, I would of stuck lawyers from Harvard University clean up you know what!

Persistence is a key factor, without that and knowing who to talk to, you get what is owed to you.