Had an Altercation Today - 986 Forum - The Community for Porsche Boxster & Cayman Owners

shadrach74 · 05-15-2014, 09:30 AM

Quote:

Originally Posted by JayG

With all due respect Timco, since the other party is 100% liable, Jake does get replacement cost. He has suffered a loss that was not his fault and should be made whole. Perhaps outside of Calif it is different, but I suspect not.

^^^^This

I covered it in the other thread and Jay has it here. There is no legal president for an individual to accept an arbitrary general calculation in a liability situation. "Special" policies that pay replacement cost are for "collision" claims. This is liability. and that means the innocent party is made whole... as in as good as he was was before...not "close enough"... not my arbitrary NADA calculation says this so here you go... not any of that. Jake should get the replacement value of the car plus any expenses he incurred as a result of the accident.

Timco · 05-15-2014, 02:29 PM

Quote:

Originally Posted by shadrach74

^^^^This

I covered it in the other thread and Jay has it here. There is no legal president for an individual to accept an arbitrary general calculation in a liability situation. "Special" policies that pay replacement cost are for "collision" claims. This is liability. and that means the innocent party is made whole... as in as good as he was was before...not "close enough"... not my arbitrary NADA calculation says this so here you go... not any of that. Jake should get the replacement value of the car plus any expenses he incurred as a result of the accident.

I can understand this. I've never had a car totaled and was backed into one time.

So who decides if it gets fixed for $6k (hypothetically) or replaced for $12k? Not sure you can insist it be totaled?

BIGJake111 · 05-15-2014, 04:22 PM

Quote:

Originally Posted by Timco

I can understand this. I've never had a car totaled and was backed into one time.

So who decides if it gets fixed for $6k (hypothetically) or replaced for $12k? Not sure you can insist it be totaled?

In south carolina, repairs exceed 75% of the value, apparently the insurance company wants my car to be worth 10 when its not totaled but watch once it is they will be saying my car is worth 7 haha.

shadrach74 · 05-15-2014, 06:46 PM

Quote:

Originally Posted by BIGJake111

In south carolina, repairs exceed 75% of the value, apparently the insurance company wants my car to be worth 10 when its not totaled but watch once it is they will be saying my car is worth 7 haha.

Many companies use 50% if there's a chance of hidden damage. Insurance companies do not like to pay for exploratory surgery, nor do they like to start a repair only to discover hidden damage that jacks the price another 20 percent (which is easy with a $10000 Porsche).

BYprodriver · 05-21-2014, 02:00 PM

Here you go Jake your "S" summer project kit! Lots of assembley required.
You can install your engine in it along with a E-gas T/B until you get a 3.2.

ELoomis · 06-13-2014, 06:55 PM

Jake

What's going on with the hunt for a good S? Did you settle with the insurance Co.?

BIGJake111 · 06-13-2014, 07:47 PM

Quote:

Originally Posted by ELoomis

Jake

What's going on with the hunt for a good S? Did you settle with the insurance Co.?

The money came in wendsday, several grand over what we paid for the first car, and I have a car I will hopefully be in soon. Will post more if I buy the car!

(Update, post of my new car http://986forum.com/forums/general-discussions/52988-watch-out-johnny-danger.html )