[idosubaru]

got t-boned by a woman who ran a red light going 40mph....
We have no idea if they'll give us the value of Traverse that was totaled ($26k) or the value of the car new ($47k).

They will essentially give you whatever you are capable of negotiating. They're a business and their profits and losses are driven by cash. They want out of this as quickly and inexpensively as possible but to a corporation this can mean reasonable offers or not depending on their business model and assessment of the situation.

If the accident wasn't your fault then you can easily negotiate and get a fair price for your replacement vehicle.

you can have totaled cars completely rebuilt or ask for a huge check and keep the car....you name it. i've seen and done it myself and never needed a lawyer yet and hope to keep it that way. no big deal. the thing is - a state law was broken - they are culpable and liable. this is really easy and simple. just ask and see where it goes - you absolutely do not have to take whatever they offer you. in my experience it's always been a casual conversation and really simple. they've responded really well, conversationally and we worked it out like people. maybe some day i'll get some hardballer, but i doubt it and it doesn't matter anyway because they can't 'win' so it's easy no matter what.

as to replacement:

Buy the least desirable one so you can get the Ascent as soon as it's available.

Honda Pilot? I'd never even think of a Traverse over Pilot.

 

[idosubaru]

Wow, so get this! The entire motor needs replacement along with the $12k of damage that was already there. They are taking it to the dealership where we initially bought our Traverse to put either a A.) new or B.) reconditioned motor in it. Why the heck are they doing all this work and putting money into not only replacing the entire car (seems like it), and paying the dealership AND the body shop?

I wish they'd just total out the car and give us the cash.

That repair story sounds nutbag.

This is really easy.

The accident wasn't your fault. If you want the car totaled, or don't want it back - you can get that. I've seen adjusters inflate or reduce estimates/assessments at the prompting of the claimant - this is not rare or hard to navigate. You can't just expect them to be your servant but if you know the system this isn't a big deal.

They would much rather settle fairly than you get a lawyer and sue them for $25,000 above the value of the car.

1. Discuss and ask nicely. Tell them you have no desire for this compromised car back in your possession and you don't want this to be difficult or challenging since none of it was your fault. Taking hours of time for something that wasn't your fault doesn't work out in anyone's book.

2. If they balk - start politely dropping hints "I'd really rather settle this fairly person to person and not get third party involvement, isn't there a way to move forward without me getting help?"

3. Eventually you get to the point where actually mentioning a lawyer or just getting a lawyer involved moves things really fast.

The easy way is to just let a good lawyer handle it but i've so far been able to avoid them and hope to forever if possible.