Totalled 4 Runner - Need advice!

[evil_tt]

Hi Everyone,
Im writing this inquiry on behalf of my Fiancé's father. He has an 85 4Runner softtop in immaculate condition. He is the original owner and its cherry. A few days ago as he entered the intersection, someone ran a red light and T'd him going 50mph.

His car doesn't look that bad but the wheel is pushed in and theres frame damage due to the collition.

Question, his insurance is totally trying to screw him and give him pennys for his car. I'm doing research and it appears good condition 85 4runners are going for 4-6K but I doubt insurance will give him that. Should he fight the insurance for more money or should he buy back his car and part it? Any response is greatly appreciated =)

 

[cztheman64]

thats pretty tough. my 93 was totaled a couple years ago, and i only got rear ended on my drivers side. all it was was the bumper and some body damage, i took it to toyota and they quoted it a $2500 repair. so statefarm totaled the truck and i got 3600 for the truck. for me that was the better deal just taking the money from the insurance company.
the whole process for buying it back from them with a salvage title and everything is just an unnecessary headache... id say just get the money from it and cut the losses. but if hes got another truck to ride around in the get it back

 

[SP Jon M3]

This insurance has to pay you fair market value for the vehicle if they decide to total it out. This is different from KBB value. What fair market means is what other similar vehicles in similar conditions are selling for currently. What I would do is get a list together of what similarly equipped 4Runners are going for in your area (if possible, if not then extend your search), then take that info and fight the insurance company. :vader:

 

[evil_tt]

^ Awesome, thanks for the advice. I've been searching for 85 4runners for sale all day. I find most go between 3-6K in decent condition but his is/was showroom condition so I feel it doesn't do justice....but I guess it is what it is.

 

[eighty64runner]

This insurance has to pay you fair market value for the vehicle if they decide to total it out. This is different from KBB value. What fair market means is what other similar vehicles in similar conditions are selling for currently. What I would do is get a list together of what similarly equipped 4Runners are going for in your area (if possible, if not then extend your search), then take that info and fight the insurance company. :vader:

Well said. SP Jon M3 could not have said it any better. This is the way the law works in California.

What State do you live in? Your particular state laws may differ to a certain degree.

 

[Bad_Vision]

if its in mint like condition then the insurance should pay out at least 7,000$ i was a insurance claim advisor for a while so if you need any more information on how to get your money let me know.

 

[eighty64runner]

CALIFORNIA Approved Civil Jury Instruction 3903K

3903K. Loss or Destruction of Personal Property (Economic
Damage)
[Insert number, e.g., “11.”] The [loss/destruction] of [name of
plaintiff]’s [item of personal property].
To recover damages for the [loss/destruction], [name of plaintiff]
must prove the fair market value of the [item of personal property]
just before the harm occurred.
“Fair market value” is the highest price that a willing buyer would
have paid to a willing seller, assuming:
1. That there is no pressure on either one to buy or sell; and
2. That the buyer and seller are fully informed of the
condition and quality of the [item of personal property].
New September 2003
Sources and Authority
• “ ‘As a general rule the measure of damage for the loss or destruction of
personal property is the value of the property at the time of such loss or
destruction.’ ” (Hand Electronics, Inc. v. Snowline Joint Unified School
Dist. (1994) 21 Cal.App.4th 862, 870 [26 Cal.Rptr.2d 446], internal
citation omitted.)
• “It is well established that under [Civil Code] section 3333, the measure
of damages for the loss or destruction of personal property is generally
determined by the value of the property at the time of such loss or
destruction.” (Pelletier v. Eisenberg (1986) 177 Cal.App.3d 558, 567 [223
Cal.Rptr. 84].)
Secondary Sources
6 Witkin, Summary of California Law (10th ed. 2005) Torts, § 1720
California Tort Damages (Cont.Ed.Bar) Vehicles & Other Personal Property,
§ 13.6
4 Levy et al., California Torts, Ch. 52, Medical Expenses and Economic
Loss, § 52.32 (Matthew Bender)
15 California Forms of Pleading and Practice, Ch. 177, Damages (Matthew
Bender)
6 California Points and Authorities, Ch. 65, Damages (Matthew Bender)
742 (Pub.1283)
1 California Civil Practice: Torts (Thomson West) § 5:17

 

[topdown4runner]

:iagree:

Oh yes!

Fight it!!!

Cherry '85's are hard to find. That is the single most sought after 4Runner ever. Solid axle and EFI. The ONLY year of that combo.

Get top market value dollar from the Ins. Co., then buy it back from them for pennies on the dollar and fix it or part it out.