Sad story, CL Denver ad

[hberdan]

Once again, not my car. Poor guy, read and weep.


http://denver.craigslist.org/cto/3003770994.html

1986 Toyota Tercel SR5 4x4 - $400 (Denver)

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Date: 2012-05-08, 1:19PM MDT
Reply to: vrckx-3003770994@sale.craigslist.org [Errors when replying to ads?]
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Available to buy until May 15th.
1986 Toyota Tercel SR5, manual transmission, ~160,000 miles. Brand new tires with less than 100 miles on them
The car was awaiting repair at my mechanics when a motorist had a seizure behind the wheel and slammed into my car. The auto insurance company has decided that the driver was not liable because he was "unconscious."
I am uncertain of the exact repair needed at this time, essentially the car had low power and difficulty starting for about 1 week before I took it in. The body damage is substantial as you can see, but the car itself still runs just as it did prior to the wreck.
I bought the car 3 years ago, have made regular oil changes and have had work done on the transmission (secondary to the altitude change from Portland to Denver) and the rear axle. I have all records from the day it was purchased (I am the 2nd owner) and also have a car manual.
I have already been offered $300 from the junk yard for it, but thought I would see if anyone else would like to make an offer.
IT WILL ONLY BE SOLD AS A COMPLETE CAR (not by parts). The below photos show the damage.
Thanks for looking. I will respond to e-mails promptly

Austin

[emmahumpfritter]

Ouch!! That's more than your average body damage to contend with. Unless he changes his mind regarding parts, I say that's one to let go.

[ARCHINSTL]

I don't doubt his word, but - I would have thought that the insurance company would have to stand behind their insured regardless of the condition of the driver. I guess if he died before hitting the car, the victim would not be covered? Is this common in insurance policies? Maybe I'd better look at mine...
Tom M.

[Petros]

the guy needs to sue the driver, he is liable. Dose not matter the reason. If he killed someone the insurance would not pay? If the guy knew he had a medical problem and drove anyway, he is liable. What if the car was parked and rolled into another car, because there was no driver does that mean the insurance ill not pay? That is BS, they are snookering the poor Tercel owner.

Only good for parts now. Was worth $2000-3000. It could be fixed, but just not worth it.

[dlb]

the seller should pursue the fight with the insurance company because, as everyone else here has said, the driver of the car is the only person responsible. the insurance company knows it and also knows they couldn't defend their move in court so they wouldn't even try--they bluffed and appeared to have won.

also, if the driver has a previous history of seizures, there is a strong likelihood that they should not have been driving in the first place. i'm sure it differs from place to place but in BC i believe you have to go 6 months or possibly even a year without a seizure episode to retain a drivers license.

i would be pissed if that were my tercel.

[Petros]

I emailed the seller off the CL listing and told him to sue the driver, for the max small claims will allow in his state. That the insurance company was lying to him to so they would not have to pay. This would force the insurance company to defend their policy holder, and cost them a lot more than just paying his claim.

He has not responded, but I hope he does not let the crooks at the insurance company bully him out of a nice little Tercel4wd.

[ARCHINSTL]

I just talked to my agent (American Family) and she was dumbfounded by that insurance company's claim of no responsibiity. She did not think that CO was any different than MO in that regard, whether it was caused by a seizure or a heart attack or a bee sting; the driver was still in control.
She did say that if was purely a mechanical failure of the car that caused the accident with the driver in the car, that is kinda a grey area (!). She also said that if, for example, the parking brake failed on an unoccupied car, that is also open to debate.
Tom M.

[keith]

FYI, the first response from any insurance company is to deny responsibility. When push comes to shove, they have to pay.