Well, it's happened! The car that took me almost a year to find has been totaled - and the kicker, I wasn't even driving it. I took it to the car wash, like I do almost every day, only this time I let the attendant pull it around after vacuuming the inside. As he pulled up behind another Lexus (LX 570), his foot slipped off the break and smashed the gas all the way to the floor while in drive. I couldn't figure out how that was possible, but I guess he was trying to be more efficient at his job by stopping, exiting and throwing the gear shifter into park all at the same time.

It's get's worse! This happened on Dec 26th, yes, the day after Christmas. I don't normally allow other people to drive my car, but I just got WeatherTech floor mats for Christmas and figured I'd have the floor vacuumed, I was actually shocked they were even open, but they were. The car was towed to the body shop on Dec 27th (car was not drive-able). I also got a Viper Remote Start for Christmas, but I'll have to return that as well... Anyway, I'm still dealing with this, the body shop told me back on Jan 3rd that the car was probably a total loss, but to his shock, the insurance company wanted to fix it. So, I've been waiting and waiting and waiting only to hear yesterday (Feb 16th) that the Insurance company, after hearing from the body shop that there was more damage internally, will now total my car. I have been in a rental this whole time, but the rental company (Enterprise) called me 5 days ago to tell me the insurance company canceled their/my reservation for the car on Jan 31st, which means I had to pay the difference up to now. I reached out to them and got that resolved, but they would only extend my rental till today (Feb 17th). I told them how is that possible, their client totaled my car and now I have no way to get around, so I should be responsible for the rental - and they haven't even settled with me yet!!

I guess I'm using this forum to rant a little cause I'm frustrated, but also in the hopes others have more experience with this sort of thing? Advice from the community would be appreciated. I haven't involved my insurance company cause I don't want my rates to go up, I did speak with them, but didn't make a claim. The car wash that wrecked my car (owner) has been great, told me anything I need let him know. Unfortunately, he left for India a month ago and won't be back for 4 months. The insurance company called me last Monday to make me two offers, one involved me keeping the car, and the other would allow them to keep it. $13,200 if I kept it and $15,500 if they kept it. I bought the car with 48K miles 3 years ago, I put exactly 20K miles on it in that 3 years (68K when wrecked). I did a search for cars within that mileage range, and I'm coming up with results in the $18.5 to $20K range. I sent those to them for review and they've asked me to find more examples, preferably in my color, which I told them was difficult to find. Matador Red Mica (3 stage paint).

I guess my question is, if they're willing to give me what I think the car is worth, ($19K), do I just leave the lawyer route alone, even though I know it will probably take me months to find a new car (I'm very picky)?? I will have to spring for the rental - I mean at what point are they still liable for me not having a car??? Obviously, paying for a rental until I find a car is probably out of the picture, but canceling the rental now while my car was still in the shop, and before they gave me an offer is not acceptable to me. What pisses me off even more is that the body shop said this was a total loss back on Jan 3rd, but the Insurance company didn't listen, now almost 2 months later, they want to total it and then just cancel my rental and leave me high and dry. I was thinking, if our negotiations go well and I get the value/settlement I want, do I then start the conversation with them about rental? I was just sitting here thinking, lets get the value of the car out of the way, then I could say now that we have that done, what are you going to give me to get a rental car until I can find and buy a new one?? Just a thought, thanks in advance for anyone who has insight to how or what I should do to get the best outcome!!

On a side note, yes I agree with most of what I expect you all to say - those pictures don't look like a total loss - I too was shocked!! Lexus' aren't cheap - but I'm not telling you all what you don't already know!! :-) I'm just glad I had my winter wheels on; now I can sell the ones I have on my car in my signature picture, or put them on a new Lexus.. :-) Decisions decisions!!