lucky bastard RIP opinions
08-29-12, 03:29 PM
#1
Lead Lap
Thread Starter
lucky bastard RIP opinions
Well we had a near hurricane in Florida and LB ran through a puddle, nothing too deep but the computer shorted out causing her to over heat and kill the engine. Lexus has her now and they are sending a corporate inspector. My guess is if it goes to auto insurance the parts to be replaced will total her. Do you all think Lexus will cover it. After all a car should survive minimal water on paved roads.
08-29-12, 03:40 PM
#3
Pole Position
Sorry to hear that.
If they do write it off clearly they will just give you book value with no recompense for all the hard work/mods you've done... bummer!
However if they do scrap it, make the insurance company a low-ball offer for it (so you can cannibalise it) and source yourself another SC.
Good luck!
If they do write it off clearly they will just give you book value with no recompense for all the hard work/mods you've done... bummer!
However if they do scrap it, make the insurance company a low-ball offer for it (so you can cannibalise it) and source yourself another SC.
Good luck!
08-29-12, 05:17 PM
#5
Moderator
Does not sound too good - needs a short block means it needs the entire engine assembly below the heads(minus oil pan).
08-29-12, 05:18 PM
#6
Moderator
03 SC wholesale value is probably $12-15K so they may have to repair it - repairs could be $5-10k range....just guessing of course.
Very sorry to hear about your bad luck. Hope if works out for you. Sounds like you made a very wise choice in keeping the extended warranty in place but you should also be able to claim against regular car insurance with accidental flooding.
Instead of totaling the car and having it scrapped you could ask insurance for what they would give you as a settlement if you keep the car and pay for repairs with your own $. You might come out ahead of the insurance totaling it and you have to try to replace it with a pretty small settlement check.
Very sorry to hear about your bad luck. Hope if works out for you. Sounds like you made a very wise choice in keeping the extended warranty in place but you should also be able to claim against regular car insurance with accidental flooding.
Instead of totaling the car and having it scrapped you could ask insurance for what they would give you as a settlement if you keep the car and pay for repairs with your own $. You might come out ahead of the insurance totaling it and you have to try to replace it with a pretty small settlement check.
Last edited by Jabberwock; 08-29-12 at 05:27 PM.
08-30-12, 10:18 AM
#7
Lead Lap
Sorry to hear that KaiserSea. That is kind of concerning to hear that our cars are that vulnerable to a little water. Growing up in Houston, driving through water was a common occurance.
I hope everything turns out well for you and LB can be fixed up.
I hope everything turns out well for you and LB can be fixed up.
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09-03-12, 06:48 AM
#8
Lead Lap
Thread Starter
Just an update seems the damage to LB was due to a hole in the radiator followed by a failure of the temperature gauge and idiot light. Lexus claims my warranty does not cover overheat damage. No such exclusion in my paperwork so Lexus is sending me additional exclusions three years after the warranty. AS a lawyer I am not worried about getting them to pay but it is going to be a lot of work. Warning to all.
Last edited by KaiserSea1; 09-03-12 at 06:51 AM.
09-03-12, 07:30 AM
#9
Lead Lap
While that is a bummer, it is not terribly surprising since they could easily claim that it is the owner's responsibility to keep the car in good repair. Nevermind the point that you probably had no way of knowing that there was a problem...
It sounds like all of us with the older models need to be vigilent about checking for water leaks.
It sounds like all of us with the older models need to be vigilent about checking for water leaks.
09-03-12, 07:34 AM
#10
Moderator
Just an update seems the damage to LB was due to a hole in the radiator followed by a failure of the temperature gauge and idiot light. Lexus claims my warranty does not cover overheat damage. No such exclusion in my paperwork so Lexus is sending me additional exclusions three years after the warranty. AS a lawyer I am not worried about getting them to pay but it is going to be a lot of work. Warning to all.
Please keep us updated.
09-03-12, 07:42 AM
#11
Lead Lap
Come on Bob, tell us what you really think!
09-03-12, 08:24 AM
#12
Moderator
Oh I don't know...I was pretty calm as I was typing out my thoughts. Ones, I pray, are thought by others who read this thread.
The idea that "additional exclusions" can be added retroactively to an executed contract is not only wrong, if a court would rule in favor of the warrantor under the circumstances described, it only leads to chaos. Insurance Contacts would have no meaning if they can be altered by one party if claim is presented.
But what potentially bothers me more...is there a rogue employee, or group, just making this stuff up to avoid paying claims? Many are not as legally sophisticated as our OP. How many would just except the denial of a valid claim just because they did not understand their legal rights under the warranty?
The idea that "additional exclusions" can be added retroactively to an executed contract is not only wrong, if a court would rule in favor of the warrantor under the circumstances described, it only leads to chaos. Insurance Contacts would have no meaning if they can be altered by one party if claim is presented.
But what potentially bothers me more...is there a rogue employee, or group, just making this stuff up to avoid paying claims? Many are not as legally sophisticated as our OP. How many would just except the denial of a valid claim just because they did not understand their legal rights under the warranty?
09-03-12, 08:53 AM
#14
Lead Lap
I have to admit Bob, you did keep it fairly civil.
