So i finally get around to cleaning my car out yesterday and i made a very sad discovery. My luck was even worse than i thought before when i had the incident w/ the manhole cover killing my rocker panel....it did MUCH worse damage.

As i'm vacuuming the carpet on the front passenger side i feel a bump...and a BIG bump at that...look under the car and see a HUGE dent and crack. So as i peel back the carpet from inside the car all of a sudden i realize that it's freakin concrete that i'm looking at through a 9" hole in my floorpan!!! No wonder there was so much more road noise (i thought it was from the door getting knocked off alignment prior to seeing this). I can't believe i didn't see it before when i had the car on the hoist, but am glad i caught it before filing a small claims suit against the gas station owner...because this brings it to a whole new level.

In addition to the severly screwed up floorpan, it looks like the area that the subframeto body mounting bracket is pushed up and bent. Pics dont' show that too well, but it's a big concern of mine.

So onto the pics....









From Below:




subframe bracket bent


and the full album:
more carnage pics


Here's the first post w/ pics of the rocker panel
https://volvoforums.com/m_58304/tm.htm


The original repair estimates for the rocker panel area and front bumper were ~$2200 , and with this newfound damage...i've gotten estimates from $4400-$5100... with the higher cost being to pull out that area where the bracket is pushed up. Which REALLY sucks because the most i can sue for in Michigan Small claims is $3000. I've got full coverage w/ a $1k, deductable for insurance, but with a $5100 repair bill i'm sure they'd consider the car TOTALED!

From what i can tell it still drives and runs fine. If anything it's a bit easier to hear her scream w/ anger when i get on the gas due to the nice vent hole in my floor.

I'm goign to have to see if i can possibly sue for more than $3k....because i really want the gas station owner to pay for every penny of this. It'll require going through an attorney which should be a joy just finding one...i wonder if anyone will do it on a contingency basis. Anyone out there have any experience sueing someone for something thats most costly than small claims???

On the off chance that i can't sue or i don't get anything, i'll have to go through insurance, and if they total it, i'm going to try like hell to buy it back. I've put way too much work and become way too attached to her to loose to a freakin manhole cover thinggy...

If anyone has any thoughts...let me know...

Thanks!

 

Damn that really sucks. Which mobil station was it? I'd like to avoid going there when I'm out your way this summer. Damn... Brings a tear to my eye.
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Why do you have to sue? I would think you just pay your deductable and then let you insurance company fight with the gas station to get reimbursed for fixing the car or replacing it. Once they settle you should get your deductable refunded to you. I've done this before when fault was a question. When the insurance companies determined the other person was at fault I got my $500 back. It took about six months.

 

I was wanting to sue because if i go through my insurance company i have a $1000 deductible. But even worse yet, it will go on my record as an AT FAULT accident because i hit an object 'because of failure to control my own vehicle'. This is what the insurance company told me. Failure to control my vehicle?!?! I drove over something that is designed to be driven over...i dont' think i should be at fault in the least. My biggier worry is that my rates will increase with an at fault claim, and i'm pretty sure they will total out the car because of the amount of damage....unless they consider the car's worth to be above $8k which i doubt it is (blue book wise).

FYI info2x....this was at the Mobil Station on the southwest corner of 16 mile and Ryan Rd just incase you want to avoid this one when you're in town this summer.

 

I am an insurance adjustor actually [:@], and if the repair costs hit the 70% of Actual Cash Value of your vehicle (not retail value) then your vehicle will be totaled.

This will be considered at fault, even though I sympanthize with YOUR argument totally, unfortunatly on paper its not going to be sogood.

As far as keeping your vehicle goes...(I handle total losses)...you have the choice of retaining your vehicle, or allowing the insurance company to retain your vehilce.
If the insurance company retains your vehicle, they will give you a settlement of the Actual Cash Value of your vehicle...If you keep it, they will take this settlement price and deduct the salvage value of your vehicle and issue you payment for this amount.

EX: ACV = $5000, Salvage Value= $1000.
Owner retains vehicle, settlement of: $4000 / Insurance retains vehicle, settlement of $5000.

ALSO: KellyBlueBook is a joke in the insurance industry, if you want a more accurate value on the ACTUAL CASH VALUE of your vehicle, go to www.nada.com. KellyBlueBook only gives you the "Retail" value, not the actual value of the vehicle.

 

Wow that sucks that you will be considered at fault even though it was no fault of yours whatsoever. I understand your reasoning now for suing. I would do anything I could though to do whatever I could do without an attorney. Once you get an attorney involved be prepared to wait for years. You absolutely have to get the Yellow Submarine fixed though. That has to be one of the rarest Volvo's in the USA.

 

Damn... I'll avoid that place. I'll also let a bunch of GM interns know.
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definatly....DEFINATLY a sweet ride! If totaled you should sell it to me!

Also wanted to add: anytime a driver strikes a fixed object, like a pole, wall, or object not moving in the road (eg. like rock sitting in road, or a manhole cover) it is a collision claim, and is at fault.

Totally stinks, thats why I don't like my job and I read volvo forums all day long! Can't wait to quit this summer.

 

Could you argue that the cover hit him?

 

If you do end up going through the Insuance fight it all the way about the Value of the car.
You know how rare they are. You should be able to fight and get about $7000.00 or so out of it.

The guy I worked with had a Platinum totaled. He faught and got $6500.00 for the car.
It is also a rare car but yours is more rare than that. The platinum was about 1000 to the U.S. per year it was made. Yours is like 80 I believe.

 

Thanks for all the input so far! Given me a lot to ponder...

I didn't know you could argue up the price of a totaled car to an insurance company....but i do like the sound of it! Any ideas how I could approach that with them? How could i convince them of the rarity and argue an increaased value of the car? Just seems like an insurance company would be pretty non-negotable on giving out more money.


Here's what i got value wise from NADA (110K miles and in otherwise great condition).



Is it possible to argue about recent repairs and upgrades I made to the car since I've owned it or would that not factor in at all? Because i've been pretty much replacing everything that broke or was wearing down with a brand new component.

Thanks again!

 

^Replacing old with new and making repairs should not increase a car's value.

It should only allow it to hold its value.

I wonder though... If say the car is totaled, what do the insurance companies do with it? Do they sell the salvaged car again or what? Because I'm thinking you could be a bastard, and take out some of the new stuff you got..

Edit: Just find out how many yellow wagons were produced that year, and make sure you bring a lot of evidence showing how rare these cars are....

Typically, these agents don't know much about cars, so if you are charasmatic, I'm sure you could convince them to give you a bit extra.

 

The only problem arguing that the manhole cover hit him is that it was not moving. Unless the manhole cover WAS moving (rolling), its Collision, if rolling, then it would be a Nonchargeable(not at fault) Comprehensive claim.

You can definatly argue and get more for the value of your vehicle...but the amount each company will budge varies company to company. If you do file the claim, make sure you tell your adjustor right off the bat all the car's specs and how rare they are so he can incorporate this in his report to generate his settlement amount.

 

RedTurbo is correct about the repairs not increasing the value....even thouh this makes sense...the insurance company says that the value takes into consideration that every aspect is in sound working mechanical condition. Meaning also that if you remove some of the things you added, CD Player etc than they will deduct these items from your settlement amount.

Also, if the vehicle is totaled, just tell them you want to retain the vehicle. You will still get a settlement check (minus salvage value).
If the insurance company retains the vehicle then they will tow it to a salvage lot, and the salvage lot will then open an auction to sell itand forward the proceeds to the insurance company.

Ghetto auto retailers buy these things every day, do a shoddy fix, and then sell them!!!! SCARY!

 

I read somewhere, and I can not find the information that there were 185 yellow T5R's imported to the US and of that less than 30 were wagons. 28 is the number I sort of remember for the wagons. If anybody finds information on this please post it here.

 

With the Platinum they only wanted to give him $3200.00 and he ended up getting over $6000.00 for the car.
He had all Info about how rare it was from the internet printed out.

 

So i spoke with a couple attorneys today about my situation, and they are both telling me that this should be between me and the insurance company. From how the accident happened, they said that it should NOT be considered an At fault accident on my part, and that i should be covered under my 0 deductible Broad Form collision policy i have on the volvo.

I explained to the lawyers what the insurance company told me about striking a non-moving object, thus putting me at fault. Both of the lawyers said that this is absolutely not the case....that the fault would be from the gas staion owner not maintaining his property correctly, OR from whatever gas wholesaler of whatever company last serviced the manhole cover.

They both said what i was thinking all along...that i drove over an object that is supposed to be driven over, so i could not be considered at fault in the same way as if i drove over a parking block or backed into a pole or something stationary.

So now i'm really confused...insurance company is telling me one thing...and the lawyers are telling me the opposite. I guess i'll need to call the insurance company again and try to convince them that it's not a traditional at fault collision accident.... i have a feeling that will be very difficult to get them to agree to that... but in reality, that is what happened....i didn't hit the cover....the cover was dislodged and struck my volvo.

Any thoughts on that pkaraffa? Being in the insurance business...you're going to be a great source of info for me!

I guess the big problem i would have with any court case for trying to sue the guy is that Michigan is a No Fault insurance state...not sure how that plays into it, but thats what they were telling me...that I probably wouldn't have a chance in hell of gettin any money from sueing the guy.
Any other thoughts or ideas on how to handle this would be greatly appreciated!

Thanks again!

 

total it, buy it back for cheap, repair with the check and get it a new title.

Nick

 

^That's not even worth it.

850s generally are pretty cheap..

 

OK - I just spoke with my Claim's Supervisor. He stated the the claim would be handled under Collision but "not at fault" since the manhole cover was meant to be driven over. Make sure you tell your insurance company what it was you hit, and why it was struck. This was as you said, meant to be driven over, and the gas station has a greater "duty" to make sure things like this do not happen.

We both agree that you could have your insurance company handle it, pay your deductible, then once your repairs are complete (or total loss settlement is reached) your insurance company will pursue the gas station through a process called SUBROGATION.

This is a process which every insurance company has a specific department for. This department pursues private individuals, corporations, and other insurance companies etc.for reimbursement of damages that they have paid out when not at fault.

Many times the subrogation department will achieve its goal, sometimes they are not able to collect, in which case you would take the gas station owner to court. File a "Warrent In Debt" with your local circuit court. This just means you are taking them to court for reimbursement of damages they caused you paid for.

My advice -
[ul][*]file the claim, pay your deductible[*]submit more than necessary paper work to total loss adjustor to get accurate price[*]NEGOTIATE[*]keep your vehicle and use the settlement checkto have it fixed[*]then your insurance company will pursue the correct party (because they want their money back!!!). Then if successful - you will have your deductible refunded.[/ul]
Good luck - keep us posted on how everything goes, my supervisor also wants to know, but he told me to stay off this forum at work! hhaha - yeah right.