Need some life/truck advice Re: M1031

[TechnoWeenie]

sigh.

So, I picked up an M1031 about 4 yrs ago...Bought it with 19k, now have about 47k on it.... haven't had any real issues with it... other than the generator being finicky.

When I picked it up, the power steering pump had all but unbolted itself and was held in by the belts, and was, amazingly, still working.

As a preventative measure, I replaced it.

I also replaced the harmonic balancer, associating the vibration with the reason the bolts walked out and figuring it should be replaced anyway.

2 years later, the water pump bolts walked out, the wet ones.. which caused a coolant leak.. I ended up replacing the water pump, again, as preventative measure.

Here we are 2 yrs after that, and some guy pulled out in front of me... and I hit him.. He admitted fault... So their insurance company should pay, right? Yeah, well....

Now, here's the kicker....

1. It started leaking coolant, THEIR insurance told me I could still drive it because it was a small leak.
2. It turned out to NOT be such a small leak, as it broke the seal on the water pump, AND damaged the water pump.
3. I overheated the engine, and possibly caused a head gasket failure.

To top that off, insurance tried to give me $1800 despite my estimates being almost 4K$...

So, I filed with MY insurance...

They gave me $2400... again, not enough to get it fixed.


I paid out of pocket to reseal the waterpump, where they found the damage to the water pump itself... another $500 fix to replace the pump, NOT including the head gasket fix.

BOTH insurance companies have not responded to my request to refund me the seal fix, or for add'l $$$ for the actual fix PLUS mechanical fixes due to their bad advice. and they indicate that my chance of getting reimbursed/paid for mechanical issues from the accident is close to nil, which means I have to sue them for it.


Now, currently, I'm homeless, living in my truck....

I can either keep the truck, take the money, replace the head gasket, and sue them for the remainder..

or I can pocket the cash, sell the truck for 5k ish (it runs fine other than overheating on long trips), and hope to find something else....

or...I take the $ and drop in a 6.5 turbo.... or something of that nature...


I am just really frustrated with the whole situation and need some input...

If I sell the truck, I don't think I can still sue the insurance company for damages on a truck I don't own anymore.... but I want them to pay.... it's unconscionable for them offer me such a low amount to repair it.....

I AM in a state which DOES NOT allow attorneys at small claims hearings, so I can go through small claims to recoup the cash, but I have no way of guaranteeing a win or a payout even if I do win.

I did consult an attorney , and he agreed to take my case, then backed out of it..

 

[n8roro]

I'm sorry that happened, and I hope you are not hurt. Is the only damage to the truck a bad water pump and maybe a bad head gasket? Have you driven it after the water pump replacement? Do you trust your mechanic? Do you have the truck in your possession now? Have you driven it? Just because it overheated does not mean that the head gasket is bad. Do you have any photos?

Fighting your insurance company seems like a nightmare and a huge time suck. Did they say what they valued the truck at of it was totaled?

Try not to get too discouraged. You will find the best way to proceed in time.

 

[TechnoWeenie]

I'm sorry that happened, and I hope you are not hurt. Is the only damage to the truck a bad water pump and maybe a bad head gasket?

Body damage, bumper, brush guard, headlight trim bezel, and quarter panel, in addition to the other stuff.

Have you driven it after the water pump replacement? Do you trust your mechanic? Do you have the truck in your possession now? Have you driven it?

Yes to all the above
.. it overheated on the highway... I have another issue because the low coolant light and overheat light don't work.... they did before the accident...

Just because it overheated does not mean that the head gasket is bad. Do you have any photos?

Yes but it doesn't look like much
.. The brush guard took most of the impact... go pushed back and up..... pushed the bumper In, And jacked up the suspension, something ELSE I have a quote for that they are not offering to fix unless they approve it.

Fighting your insurance company seems like a nightmare and a huge time suck. Did they say what they valued the truck at of it was totaled?

Nope, but a K30 with 6.2 diesel still books around 5k$...so I'm guessing somewhere around there... I'd have to fight for more...

Try not to get too discouraged. You will find the best way to proceed in time.

*sigh*

 

[DeadParrot]

Nothing says you can't ask an attorney for advice on how to best do a small claims court case even if they can't go with. If your state allows spectators in the small claims court, go watch several cases to get familiar with how things work. If there is more than one judge, try to sit in on each judge's court to learn a bit about their quirks.

One problem is you got $2400 from your insurance which will likely reduce any payout from other sources. If you take the already offered $1800 from the other insurance, you are at $4200 which is about your original estimate and is getting close to the totaled value of $5000. It is unlikely you would get much more then a $800 raise on the offered $1800 as after that point, they will likely just total the truck. At that point, your money spent on post accident repairs is lost.

Have a third party mechanic do a full assessment on the truck. Yes, I know, more money spent, but better to find out everything wrong now then after spending the last of your cash only to discover a must fix safety issue with a $2000 price tag. Also good to have if you go to court. Maybe your insurance will pay for such an exam. Surprised they didn't demand one before paying the $2400.

Keep track of your time spent on getting things fixed. Never hurts to mention during any possible court case.

 

[Tinstar]

If you’ve already signed a insurance release and accepted the money it’s a done deal.

Sure you can sue them, but they will outspend you

 

[TechnoWeenie]

If you’ve already signed a insurance release and accepted the money it’s a done deal.

Sure you can sue them, but they will outspend you

I have not. I know by cashing the check I'm accepting their offer. I told both insurance Co. that it's not acceptable and to come up with something better.

Both of them issued a check AGAINST my explicit instructions..... I have not signed or agreed to anything

 

[Tinstar]

I have not. I know by cashing the check I'm accepting their offer. I told both insurance Co. that it's not acceptable and to come up with something better.Both of them issued a check AGAINST my explicit instructions..... I have not signed or agreed to anything

Good!
Your still in the game!

I had to deal with Insurance Companies about 10 years ago when I was hit broadside by someone who ran a red light.
Luckily I was in my GMC 2500HD 4x4 and she was driving a Subaru.
We were all ok but the steering wheel on truck turned quick enough upon impact that it really tweaked my thumb.
It was my right hand and I couldn’t fly for a few days because of it.
Her Insurance Company was being difficult and wouldn’t pay me for flight time missed.
They issued their “final” check when explicitly told not to. I finally told them if they do not pay me for what I’m entitled, I will get a certain law firm involved and go from there.
Two days later, I had a check for everything I was asking for and entitled to.
It was a substantial amount.
That mess was on top of getting the truck fixed, which took a month.
No issues with that.


Hang in there!
Good Luck!

 

[dependable]

Since you asked for advice; if you are going to be living out of vehicle for a while, a 1031 would not be my first choice. I like mine a lot, don't get me wrong, but would consider something with more living space and not standing out so much, unless you are pretty rural or a mobile mechanic or such.

If you can get $5k out of it, I'd go for it, and score a non wrecked CUCV when things are going better for you.

I've been able get more on insurance payment than their first offer, but they are going to value you old truck at whatever "list" value is, and it is difficult to get much more than that.

 

[TechnoWeenie]

Since you asked for advice; if you are going to be living out of vehicle for a while, a 1031 would not be my first choice. I like mine a lot, don't get me wrong, but would consider something with more living space and not standing out so much, unless you are pretty rural or a mobile mechanic or such.

If you can get $5k out of it, I'd go for it, and score a non wrecked CUCV when things are going better for you.

I've been able get more on insurance payment than their first offer, but they are going to value you old truck at whatever "list" value is, and it is difficult to get much more than that.

I'm living in my M934... towing the M1031... but I can't exactly afford 5mpg either.. heh.

 

[MarcusOReallyus]

Her Insurance Company was being difficult and wouldn’t pay me for flight time missed.
They issued their “final” check when explicitly told not to. I finally told them if they do not pay me for what I’m entitled, I will get a certain law firm involved and go from there.
Two days later, I had a check for everything I was asking for and entitled to.

I have had the same experience. I was rear ended, and there was an uninsured driver between the culprit and me, so that complicated things. Shortly before the statute of limitations ran out, I made one more of my many, many calls, and this time, the agent of her insurance company was obviously feeling pretty cocky about things. I dropped the name of a very well known law firm I had used before, and had a check in two days. Heh. It was actually funny. When I mentioned the name, there was a looong pause on the other end, and when the guy started talking again, there was zero cocky left and he spoke very rapidly. I got off the phone laughing out loud.

If you can find out who the biggest, meanest legal junk yard dog in your area is, and make a call to them to explore a lawsuit, and even better, if they offer a free consultation, you can legitimately tell the insurance company that you have been talking to The Law Office of the Big Mean Junkyard Dog about your case, and while you don't want to involve a lawyer, you will if it becomes necessary.
I wish I could help out with the financial situation.

 

[TechnoWeenie]

I may ask an attorney friend of mine to write a strongly worded letter to them.

Sounds like it may lubricate the gears.

 

[cucvmule]

Get an estimate to repair, or two. Call rental for a truck for a week rate, quote. You are not well, possible concussion and this is even more stress than needed.

Then call your insurance, give them estimate, quote for rental, and that you may have possible health issues. Do not wait to long. If they gave you a settlement then they are on the hook also. Ask them to HELP you recover from inept carrier of the other vehicle or they can cover the estimates of damage.

If you have any other recent repair bills, parts bought, tires in the last year, Tax, license, inspections, add all of that with receipts and pile it on. You are the one to make whole not them. Then they can deal with the other carrier after they pay you.

Also if you do take them to small claims, max damage award? what is it? is it worth it? Then yes, they or you, no attorney's in court. So they will have too, the agent and the driver will have to defend. Chances are they will pay the total to make you whole and even, and Even if they say something about "book value" and settle on total then a back pocket Collector Car Value estimate by your collector friends and value analysis of closed auctions, you know where, will blow their minds. The Magistrate will find you a worthy litigator or blow his mind, and if they do not make a counter offer then that you can accept then let the Magistrate pass judgment. I believe any and all in front of a Magistrate will get you what you seek.

Now if they total, in most states now the carrier requires you give up title and truck takes a metal nap, like terminator. If they give you truck or salvage title back for 10 to 15 percent of gross then decide if you want back or say good buy.

I am not an attorney but have dealt the deadly blows on insurance carriers, theirs and my own.