Friday, August 30, 2024

Tiffany's milky endgame

We're just about done with this part

And by this part I mean putting Tiffany down and getting a replacement.  We're not done with the insurance company.  

Let's pick up where we left off.  As I wrote the last post I thought I'd set up to have Tiffany towed from the Cadillac body shop to the Ford collision center.  After I posted I called over to the collision center to make sure they had it and... no.  No Tiffany.  A call to the towing company showed no record of me calling the previous night.  As there wasn't a charge or even a hold on my card for the charge, I set up 'another' tow for Tiffany.  They got her over there around noon.  Nothing else happened that day.  

Wednesday rolls around and it seems I don't need to wait for the next estimate before calling State Farm back.  The manager at the Ford collision center contacted State Farm to see what was going on as he still didn't understand how or why they were denying the charge.  He spoke with several people and it all came down to the same thing, mold = no repairs.  With that confusing answer in hand, he called me and let me know what was going on.  He said he'd still get me an estimate but try the opposite side of what the Cadillac dealership did... go small with replacing the direct pieces the milk touched and then a good scrubbing and de-odorizing.  He said he didn't believe it would work, but maybe it might meet some threshold for State Farm.  

I thanked him for thinking outside the box and said I'd await his estimate before calling State Farm.   He called me during lunch.  

Quick aside, I think I've mentioned this before, but I hate phones at communal meal time.  Mom, R, and I have lunch and dinner with each other.  With me hiding out in my dark room most of the time, I don't get much interaction with Mom or R.  So when we have our meals, whether I'm feeling like shit or feeling perfectly fine, my phone stays in my room.  I wouldn't hear it ring and most certainly wouldn't hear any text messages or other notifications.  Mom and R don't follow my philosophy and I'll often find myself at the dinner table with them on their devices while I just sit and eat and wait.  It's not bad when I feel fine, but it really sucks when my migraine is pounding.  Anyway, back to the story.  

The only reason I got the manager's phone call was that he called the home line.  I'll be honest, I have no idea how he got that number associated with me.  I've been dealing with this dealership directly since 2017 and indirectly since 2015.  I'd even used their oil change department since 2013.  But in all that time I would have used my cell phone number as the home line, at least in my mind, is "Mom's" phone number.  It's not my phone number and I don't want to be associated with it.  Anyway, I corrected him on which number to call in the future and said I'd await the estimate.  As for waiting for State Farm, they called while we were at lunch.  I guess the manager at the collision center was directly talking about me and it referenced back to my denied claim.  So they left a voice mail explaining that they sent a letter to me on Tuesday the 20th that detailed why my claim had been denied.  If I had any questions about the denial I could reference that letter.  

Reading between the lines... they have a service center calling them about my claim, see that I'm getting another estimate, and try to shut it down by telling me that it's already done.  They don't even offer for me to call them back to discuss it, and just direct me back to the denial letter as if I couldn't read.  

Once lunch is done and I've listened to the voice mail, I almost lose it.  I'm so pissed off.  They're not even going to wait for the next estimate and just kick this off again (or kick it off still).  I wait until I'm feeling more like myself and call them back.  I have to go through two people as they realize this isn't a 'anybody can handle this situation' type call.  I need to talk to the team leader that has made this decision.  And they have so much bureaucracy that this isn't even the manager, it's just the team leader.  

When I finally get on the phone with Katherine she tries the whole "I'm the authority and I'll explain this in little words as you obviously don't understand and need someone big like me to just tell you like it is so you'll cry and go away" type explanation.  Because there is mold in the car, they are exempt from covering it as it clearly states in the policy.  She wasn't happy when I read the policy back to her including the definition of Fungi.  Per their policy Fungi is defined as fungus, mold, or mildew.  That's important as it specifically doesn't include bacteria which is what causes the smell of spoiled milk.  And their policy exemption reads "There is no coverage for... Loss to any covered vehicle due to Fungi.  This applies regardless of whether or not the fungi result from a loss that is payable under any of the physical damage coverages."

After reading the policy back to her I explained that I wasn't seeking coverage for the mold.  I also explained that the estimate from the Cadillac dealership, and the estimate that I'd soon have from the Ford dealership, both of which were their very own Select Service Centers, said that this is for the removal of spilled spoiled milk and the associated odor.  So that loss should be payable while the mold removal wouldn't be.  

I used a hypothetical to establish the boundaries of her argument.  She agreed that if someone were to break Tiffany's window and damage her door to try and steal something and then I don't notice the damage for a week in which time it got moist enough to cause mold through the car, they'd pay to repair the door and replace the window, but wouldn't pay to fix the mold.  

I thought this is exactly where I wanted us to be.  Good.  Fine.  Neither I nor the estimates are requesting them to pay for any repairs due to the mold.  I and the estimates are specifically looking for compensation to repair the spilled milk and associated odor.  

Nope.  Not good or fine.  I won't go through our forty five minute round about argument.  Her argument basically says that they can't do any repairs to the interior as there is mold.  They couldn't fix the milk without touching the mold and because they are exempt from covering mold, are not liable to cover at all.  And since they're exempt from everything wrong, the entire claim can be denied and I have to pay for the tow and any other associated repairs.  

I was very clear with her at the end.  I laid out that we were at an impasse as we were both reading the same part of their policy and we both thought it was simple and black and white.  She interpreted it as they don't need to pay, I interpreted it as they do need to pay.  So I said that if I can't get satisfaction from her or anybody else, that I'd consult with an attorney.  I told her that I have never had to seek a legal solution like this before and had no desire to do so.  I asked if there was someone else I could speak with that could interpret the policy as I saw it.  She even balked at that, saying that the policy was clear and therefore no one could override it.  But when she looked to see if there was a manager to speak with, she noted that a manager had already signed off on the denial letter and therefore wouldn't connect me with them.  

I don't think it became real to her until I requested her name.  Both the spelling of her first name and her full last name.  I even asked for her alias, which is her State Farm ID.  Knowing that term, alias, isn't information that most people have and I only know it because of my friends that used to work at State Farm.  But with it, I can clearly identify HER.  But she gave them to me.  

With that phone call done, the next big wall was torn down.  State farm wouldn't pay.  This triggered the next steps:

  • Pay up with the body shop(s)
  • Get the second estimate
  • Contact a lawyer
  • Sell Tiffany
  • Consider what's next to replace Tiffany

I'm already paid up with the shops.  I've paid for the initial tow and the Cadillac dealership said there would be no charge for the estimate.  I paid to tow Tiffany to the Ford dealership and they said there would be no charge for their estimate.  So long as I could sell Tiffany from the Ford dealership and not have to tow her home or to some other intermediary destination, I was done paying for her.  

The second estimate would come once the Ford dealership had written it which might take a day or two.  I'd want that before I contacted a lawyer.  And I'd want to know how much I got for selling Tiffany before I considered if I'd replace her outright.  

That left selling Tiffany.  It turns out that I got a hard offer from CarBrain while I was on the phone with State Farm.  They were offering me $7000 and I just needed to establish my ownership of Tiffany and set up a pickup time.  I figured that was going to be a pain as it might be an out of town person coming to pick Tiffany up.  Any issues or problems could delay the sale by days and not just hours.  Ideally, I'd get one of the local junk yards to offer me the same $7000 and save time.  So I called around and got a very interested guy at a local.... junk yard?  Scrap yard?  I'm not really sure what his business model is.  I don't believe he has a physical yard or location, but he hauls away junk cars as well as other refuse.  

He was as surprised as anybody when I called and was basically offering my running and driving 2019 Lincoln Nautilus with less than 60,000 miles with a 'totaled out' interior for $7000.  He firmly established that the insurance had denied the claim, that I had the title, and that the title wasn't a salvage title.  I confirmed all of that and we agreed to meet at the Ford dealership for him to look it over.  

The hairs on the back of my neck stood up as there's only one reason to be concerned if the title was a salvage title.... he plans to fix her.  That's MOLD.  That's almost impossible to get out.  If he 'fixed' her good enough to fool someone and then sold it... damn, I'd feel pretty bad.  But at the same time, I wouldn't be doing it to that person and if State Farm wanted to take the car and change the title to Salvage, then they could certainly do so... by totaling the car out.  

While he was dealing with another car and gave me about an hour to meet him at the dealership, I got everything ready and went to the credit union.  While I'd paid off Tiffany in November, I never got a new title for her and mine currently said that the credit union had a lien on her.  So I needed to get them to sign off of that.  And as long as I was there, I asked about getting pre-approved for a car loan.  The title got taken care of and the loan officer told me that it wouldn't be any problem to take out a loan and pay it off quickly.  It might hurt my credit a bit, but not a lot and it didn't hurt the credit union at all.  Knowing that, I got a simple preapproval for a $21,000 car loan.  If the car was 2019 or older, it would be at 7.24% at 60 months.  2020 or newer would be 6.74% for the same 60 months.  The preapproval was good for 30 days and the hard hit on my credit would be good for 60 days.  I chose $21,000 as I had $14,000 in my savings and should get $7,000 for Tiffany.  

Just as I finished up at the credit union, I got a call from the local junk guy that said he was on the way to the dealership to look at Tiffany.  Let's just call him G.  G seemed nice enough.  He looked like a guy that worked in a scrap yard.  His hair, clothes, and hands were all dirty... but you get dirty when dealing with refuse and scrap and junk.  His hair looked otherwise well cared for, his skin seemed fine under the dirt and grease, his clothes were in good condition beyond the grease and oil stains, and he was driving a GMC Denali pickup that probably cost $80,000 new (and was towing a Dodge pickup behind him on a trailer).  

I had a raging migraine at this point.  I should make that clear.  I wanted this done and that likely colored some of my choices and responses.  When we got there and could see Tiffany, I gave him one of the keys and said I'd go inside and let them know we were here since we weren't in a customer designated area of their collision center.  He got into Tiffany and walked around the building.  As I'd been talking with several of the people there, I caught them up on what was happening how State Farm had denied everything, how I still wanted the estimate but now because it might be part of a lawsuit, and how I was trying to sell Tiffany.  They were nice and sympathetic and said it would be okay to leave her on their lot for several days while I worked out a buyer.  

When I walked out, G was blowing up my phone.  I figured unless Tiffany was on fire, he could wait.  As I turned the corner around the building he drove up to me.  In Tiffany.  He had his shirt up around his nose and all the windows down and as soon as he was in shouting distance asked me if she was all wheel drive.  I said that she was and he said he wanted to take her for a test drive.  I let him and he drove off.  And he didn't just take Tiffany for a quick spin down the street.  He was gone long enough that he likely went on the highway and back.  He took her for a TEST drive.  

When he got back he offered me $6000.  I almost said yes right away.  I could be done with Tiffany here and now and not have to worry about her.  But I swear I might have grimaced with how loud my Dad's ghost yelled in my head.  Yes, there might be some questions on the $7000 offer from CarBrain, but it was still a $1000 difference.  I offered half way.  $6500.  He countered with $6300.  When I hesitated he pulled out his wallet, emptied it, and upped his 'last' offer to $6348.  I've used that very technique myself 'emptying my wallet' to make the final final FINAL offer.  I bet if I wanted, I could get him all the way up to $7000 as he wouldn't have shown up if he didn't want it at that price.  But I wasn't in any mood to negotiate and I wanted it done and $6300 is close enough.  With the way I felt, I'd pay $700 out of pocket to not have to come back the next day or the next week to sell Tiffany to someone else.  

After I agreed to his final offer, I was a little surprised when he went to his truck and pulled out his offer in cash.  Sixty $100 bills plus what he'd pulled form his wallet (two twenties, a five, and three ones).  I know at one point I've held $3000 of my own money cash in hand.  And I'm fairly sure I held around $4000 in cash at some of the photo events, but even back then most of our sales were credit cards.  So while he might be used to dealing with that much cash, it still took me back a bit to count out $6348.  I told him that I had a migraine and just to be safe, I'd count it twice.  He was fine with it.  

While I was counting it, I asked what he was going to do with the car.  While I suspected he'd try to fix it and sell it, I expected him to say he was going to junk and/or salvage it.  Seriously, that engine is worth about $5000, the tranny is around $3000, and the catalytic converter is around $1200.  He has easy profit before even getting to the exhaust, the LED lights, the body panels, the wheels, the suspension, or any of the other parts he could pull off.    He kind of met me half way by saying he planned on cleaning it up and using it himself.  It would be the replacement to a Cadillac Escalade he had a couple years back.  I could almost believe him as he was driving a really nice and really expensive truck.  But while I love Tiffany, she is no replacement for an Escalade.  She's like half the size of an Escalade and honestly about half the value.  But whatever... at least he admitted he was going to attempt a repair.  

I took the final photos of Tiffany just to have a memory, and got all of my stuff out of her.  G kept chatting away and at one point he pointed out that under the rear compartment, where the spare tire is, was flooded.  With clear liquid.  It still stunk to high heaven of spoiled milk so it wasn't like I was going to get my head deep in there for a close look or sniff, but I took some photos and yeah, there's water under the spare tire.  A lot of water.  I wonder if that's where the humidity was coming from that was fogging up the windows.  

I guess it doesn't matter now, because Tiffany is no longer my girl.   She's G's.  I went home and shared my story with Mom and R.  While other things happened in between, I'll add that I forgot to get the license plate off of Tiffany.  While having a customized plate that matches my Lincoln and won't match my Ford isn't all that important, I've still paid registration on that plate for two years and dont' want to throw the $500 away.  G kind of gave me the run around as Tiffany seems to be at some out of the way body shop but he doesn't know if the owner was there or not or if Tiffany was out in the open or not.  As it was all the way across town, I told him it was fine and he could call me at the end of the day.  He didn't, and I'll just catch up with him later.  If he continues to throw me off, I'll call the secretary of state and see what they can do about issuing a new plate and registration.  

So with Tiffany sold, the money in my savings account, and a pre-approval for a car loan, I went looking for a replacement.  

First, I considered standing pat.  Staying with mom's escape and not having a car of my own.  But while it's certainly petty, my pride and happiness can't stand that.  I've haven't been without a car since around 2001 or 2002.  And I felt like such a small little shit when I didn't have my own car.  Yes, I can drive Mom's car whenever I want and wherever I want, but it's not MY car.  I want to keep the seat, mirror, and audio set up as R has it when he drives Mom around.  I don't want to leave my stuff in it.  I don't want to clean Mom's stuff out of it.  And I certainly wouldn't want to replace Mom's stereo, even though it killed me to lose Android Auto.  Yes, it's just for getting around town, but at $21,000 I actually had good options to get a car that could serve as a commuter, just with high miles.  

I won't go into specific details, but I think I found the car.  My brother B is going to take me to the dealership later this morning and we're going to put an offer in.  It's far enough away that they don't deal with my credit union directly so I'll let them finance me so long as they can match my interest rates.  Understand that for the price of the car AND an extended warranty, I can pay for all of it with what I have in savings.  So I can pay off any car loan at any point that I want. As for the price, she's perfect.  It's been on their lot for along time and the offered price has come down by four thousand.  It's at a price that I could pay what they're asking and not feel like I'm getting taken advantage of.  It's even a certified used car meaning it comes with a short warranty.  Unless they try to put a ton of fees on it to expand the price back up toward $20,000, I'll be driving her home this afternoon.  I'll write up another post about the whole process as I've looked at SO many cars and want to share fully my experience and why I went with this one.  

So where does that leave me?  Well, I'm waiting for the estimate from the Ford dealer.  They said they'd email it to me yesterday, but they didn't.  I'll either call them today or Monday about it.  Once I have it, I'll contact a lawyer.  I did a local search for lawyers and found one that specifically mentioned he did work on "Insurance Claims", which is rare as no other lawyer did.  The closest I could find was lawyers saying they worked on "Car Accidents" or "Personal Injuries with Insurance Claims".  As I neither had an accident or a personal injury, neither seemed to apply to me.  Sure, any lawyer could probably deal with this, but when one says he can specialize in that area, shouldn't I just use him?  He's local which is better than using the law firms that advertise on the TV all the time.  

I have to get my mind and soul ready for the lawyer to tell me that its not worth pursuing. I'm going to them for their expertise after all and if they say it's not worth it, then it's not worth it.  I imagine most lawyers take between a 30% and 50% cut of any winnings, so they'd likely want the 'winnings' to be over $10,000 to make it worth their while.  If they tell me they don't think State Farm would pay that, then I'm just out of luck.  

Oh, and I had a horrible thought that the loan officer at the credit union made me feel better about.  I started wondering what would have happened if I hadn't paid off Tiffany's loan.  I had gap insurance which would pay the difference if the car is totaled out.  Could I have had my gap insurance pay?  That not only would have paid Tiffany off, but the roughly $8,000 in negative equity and $20,000 depreciation I had on her.  But she told me gap insurance only kicked in once an insurance company totaled the car out.  So no, gap insurance wouldn't have worked in this situation.  

Anyway, wish me luck on getting a new car.  I look forward on telling you all about it.  

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