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Old 11-09-2009, 08:07 AM   #1
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Default Boy did I screw up......

Dodged a deer , spun the car hit some little reflectors . Two dents and both front fenders . No big deal , I thought . Called my insurance co . Adjuster came out promptly . He totaled the car with a cert. of destruction . Talked to D.M.V. , Once the adjuster reports the car as totaled thats it period .I can't even buy it back because the ins. co. disposes of cars through an auction house that sells to dealers only. Florida law sux . My point is , Do not call your ins. co. until you have some repair estimates in hand . Oh well , Live and learn . Looking for an 93 , black C package .......
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Old 11-09-2009, 08:38 AM   #2
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Pics of damage? Did you sign any paperwork/accept the check after his inspection?
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Old 11-09-2009, 08:58 AM   #3
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The insurance company does not own the car, you do. I seriously doubt there's a FL law requiring you to surrender your car to an insurance company when its damaged. This is not how insurance works.

Until you sign the title and accept the check, you own the car.
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Old 11-09-2009, 09:10 AM   #4
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You should be able to keep the car and get a little less money from your insurance. Usually they would tell you they will give you like $2500 to total it or like $1800 if you keep the car
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Old 11-09-2009, 09:46 AM   #5
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I have had some bad experiences with insurance companies. Do not just accept their word. They are looking for ways to increase their bottom line, and often look for suckers.........Don't be one.
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Old 11-09-2009, 10:03 AM   #6
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Florida law is funny...

I only found out about the Cert. of Destruction concept recently, and yes, it is pretty final. Once one has been issued, the car can never be titled again in FL. There's no such thing here as a salvage title.

OTOH, I'm inclined to lean on Hustler's side here in that unless you sign something and accept the insurance company's "offer", you probably still have legal ownership of (and a clean title on) the car.

As Doppelgänger said, did you sign anything with the insurance adjuster? If not, get some estimates, try to keep 'em under the totaled value, and negotiate with the insurance company for a lesser settlement.

If they're still playing hardball, and you really want to keep the car, you might have a chat with a lawyer who handles insurance claims. Obviously that will start to run the price up rapidly, and it's not as though black NAs are particularly rare.
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Old 11-09-2009, 05:53 PM   #7
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IF you haven't signed and accepted, the car is still yours, the insurance company won't give you a dime and the car CANNOT be resold for use on public roads. - The other potential gotcha is now that there is a certificate of destruction, you might not be able to get insurance on this vehicle, from this or any other insurance company.

If you still have possession of the car, strip it for all the "fun" parts, then sell the resultant chassis for "off-road race use only"...

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Old 11-09-2009, 07:57 PM   #8
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read his signature - car is stock. take the money dude!
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Old 11-09-2009, 08:03 PM   #9
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that is one fked up law

does the same situation apply if he were not at fault? say for example if i lived in FL and some d-bag rear ends my escort... insurance dude comes to evaluate the damage, decides the car isn't worth putting a new bumper on and totals it (meanwhile i have a spare bumper in my garage). would they then issue one of these "certs of destruction" and force me to buy a new car?
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Old 11-09-2009, 11:46 PM   #10
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I did take their money . Had no choice.......mud ( What sux is I drove the car home , 58 miles , no problems at all).......

Last edited by OSITMUD; 11-09-2009 at 11:51 PM. Reason: more info
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Old 11-10-2009, 01:20 AM   #11
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lol you always have a choice osit next time i hope that you are more carefull with yours. How much did they give you and what condition was your car in before hand?
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Old 11-10-2009, 08:32 AM   #12
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magnamx-5 ,You are correct . This is my first insurance claim in 36 years of driving . I'll know better next time . The car was maybe a6 out of 10 . They paid 3,800.00 . I didn't cry too hard . Just felt bullied by the way the system works . Looking for another black C package . Thanks y'all.......
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Old 11-10-2009, 12:01 PM   #13
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Time to take everything off the car you want and replace it with blown stuff. Go buy a blown motor miata and switch out the running gear for a cheap new ride. Does it have a torsen?
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Old 11-10-2009, 12:12 PM   #14
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...93....no TorSen

I wouldn't play the swap game. I would take out anything you added to the car (eg...stereo equipment, aftermarket wheels). If you just replaced the battery I would throw a junker in there.

$3,800 is honestly pretty damn good for compensation.

I'd look for a 1.8L car if I were you.
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Old 11-10-2009, 12:43 PM   #15
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hell you can pick up 99/00's for 4k all day. Get yourself an NB dude.
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Old 11-10-2009, 01:07 PM   #16
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Old 11-10-2009, 01:12 PM   #17
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The M-Edition wheels alone are worth 1/3 the price of that last car.

I really miss my 14" BBS wheels (10lbs), and the M's 15" ones are the best of both worlds. Better tire choices, still superlight and very good looking.
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Old 11-10-2009, 01:17 PM   #18
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Yup that a really nice car for the price. He could sell those BBS wheels and pay for a turbo kit probably. Plus (and its a matter of opinion) I think the merlot is the best miata color.
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Old 11-10-2009, 02:35 PM   #19
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Well it seems they did you a fair deal. Yeah get a nicer newer car man, +1 for taking anything special off of it you can.
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Old 11-10-2009, 10:15 PM   #20
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Yes they did . I prefer the 1.6 and yes I did....... Almost forgot ,y'all are some good folks...Thanks.......
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