2005 Tacoma Frame Rust/Won't fix

I am not the original owner. I bought the car in 2007 when it has 27k miles on it. I bought it in Utah from a private seller and then I had it in Utah for 3 years before moving to Texas. It has been in Texas now for just under 4 years when the accident happened. Now it has 82k miles on it.

The insurance company called me today saying they are "prepared" to offer me 3700 for it and I said I wasn't ready to settle the claim. So now that I know where they stand I'm going to be contacting Toyota and see if they will do anything.

 

Lawyer up.

 

Here are some pics I took today of the condition of the frame:

https://drive.google.com/file/d/0BymQeD5XXC0gN2x3Y1FleVNObWc/edit?usp=sharing
https://drive.google.com/file/d/0BymQeD5XXC0geXJqSlVXQ1Y0Rlk/edit?usp=sharing
https://drive.google.com/file/d/0BymQeD5XXC0gZVlkVEFYeVZneUk/edit?usp=sharing
https://drive.google.com/file/d/0BymQeD5XXC0gMlJ0dHN3UGZhRXc/edit?usp=sharing
https://drive.google.com/file/d/0BymQeD5XXC0gcmF0Tlo5clhmcXc/edit?usp=sharing

The last one is a picture of the effects of the bent frame. You can see that the left side of the bed is higher than the right.

 

yeah right now I am just trying to get more information to fight the insurance company with. I am requesting a copy of the police report to show it was a hit and run, even if the lady did show up over 12 hours after the accident. Everyone I have told about the accident asks if the lady was drunk and I have to wonder if she was, so I might mention the fact that it was a hit and run to the insurance company as well.

The KBB value of the truck (2005 Double Cab longbed with 82k miles) is 18.5k for fair, 19.9kk for good, and 20.4k for very good conditions. So $3700 dollars seems unfair.

 

Yes, the truck was completely drive-able before the accident, no problems at all. Except for the rust on the underside, the truck is in very good shape for being 9 years old. And I put $1200 into maintenance in the last few months between new tires, brakes/front rotors, and a new battery, so thats annoying as well.

The insurance company is claiming that there was "pre-existing damage to the frame" due to the rust, which seems like a load of crap to me.

 

I don't even think the rust is bad enough for them to claim it was due to the rust. I see a very high amount of trucks where I live like that, and many are 2-3 years old...are they all unfit for the road? I think they are trying to screw you my friend. I'm with Beavis on this one... truck was fine before, now it's not and they have to make it whole again. Simple as that.

 

Rust or not, IMO if its totaled you're entitled to BB value. Insurance companies are whores, they're out to give you as little as possible as quickly as they can. There's no way I would accept any less that BB value and I would sure fight for more.

 

He's not suing. There's not a percentage to take. A lawyer will do this for a flat fee. My buddy and his wife had the same problem with a fly-by-night insurance company when she got hit by someone. They tried to use junk yard parts, wanted some parts repaired, etc. They got a lawyer for a few hundred dollars and got the vehicle repaired with all new factory OEM parts by a dealer of their choice. Better to lose out on a few hundred and be made whole than to lose out on thousands and still be with a messed up truck.

 

All lawyers charge differently, we consulted with an accident lawyer a few months ago that worked off of a percentage.

 

This is a crappy situation, but the insurance company only is required to repair the truck to the condition it was before the accident. The insurance company is not responsible for repairing any prior damage from a previous accident, poor prior repair work, rust, etc.. Now if that damage makes it impossible to safely repair the vehicle, then they only have to pay you what the repairs are estimated to cost.

And they can claim that modifications are partly responsible for the damage. I used to drive an older BMW and was rear ended at a red light, the insurance company came out and measured the bumper height and tried to claim the damage was due to my lowering the car. Well the damage was only to the bumper, and the suspension was upgraded but was still at stock height. So don't give up too easily.

I would take it to another shop and get a second opinion on the frame. See if they think it repairable. I have been with USAA for a long time and have never had a problem with a claim, though I have not had many.

 

I have also never had a problem with USAA before this. But this is also the first time USAA has both me and the lady who hit me as clients. There have been no modifications to the truck, but they are essentially saying they will pay what it would cost to fix it if the "the frame was repairable", which they say it is not.

Another avenue I am trying to go is with a diminished value claim. Essentially, what if I had sold the Tacoma the day before the accident versus what if I sold it now + the 3700 they are offering me. I'm thinking there would still be quite a gap between the pre-accident value and the current AS IS value +3700.

 

Difference between BB and settlement is a bit off. For $3,700 sounds like they are offering what they believe will take to repair the vehicle less rust. By the pics they will still need to straighten the frame.

By USAA own code of business ethics I would question their current actions. Call corporate and ask to speak with a member from board of directors. Refer to them by first name this helps get you past the standard filters. Also posting to facebook your situation gets attention really quick (Keep it factual, emotions will destroy your case quick). I did this with Nissan over a lemon and it got results.

USAA is not responsible for the rust, however they are responsible for getting you back to where you were before the accident. If they are or have claimed the vehicle is not safe to drive then they just offered to replace the vehicle. Document, document, document everything from conversations, emails, snail mail.

 

So we brought the truck into Carmax today to see what it would sell for AS IS and they are offering $9000. Interestingly, they also say there is no frame damage, as in, the frame is not bent as the collision center is saying. I took it to a 2nd collision center is the guy I talked to there said he doubts there is frame damage, but to measure it would risk further damage to the frame. His advice was to take the money.

I am thinking about whether to just take the $9000 + the $3700 the insurance company is offering to get a total of $12700. I feel like I'm still losing out here, but It may be my best option. It would seem I am losing out a 2-3k rather than 7-8k, which was what I was originally looking at.

Is this rust a problem with all tacomas? The whole ordeal is making me wonder if I ever want another one, despite the fact that I have loved it up to this point.

 

Take this deal.

 

CarMax is looking to make a profit no matter how you slice it. They will need to do repairs on the vehicle before they flip it. If you can get 9,000 + 3,700, or 12,700 total out of it, that may be worth it. My understanding is that 09 an up the frame rot is less, or is not yet an issue. Do your homework and see what is best for you moving forward. Toyota trucks are historically very good vehicles, and every manufacture has a few lemons out of the bunch. If you do part with then research and read reviews on the potential new vehicle. One of the best sources of reviews is Facebook seeing what people are actually saying about the brand. Best luck

 

Curious about something: Insurance CO say's frame damage, but someone who looked at it for you says they don't think the frame is bent, but to check it might do more damage. I've heard that a vehicle thats bent cannot have its wheels successfully aligned. If thats true (and it probably depends) what about seeing about a 4 wheel alignment?

 

Sold the car last night for $9000 to carmax and settled with our insurance claim for 3750, so the total is $12,750. In addition, I filed a claim through the at fault parties claim for diminution in value and they said that would take 2-4 days to hear the results, so we may or may not get a little more.

Multiple mechanics said they would not left their spouse or kids drive this truck, so that helped us make the decision that if toyota wasn't going to do anything about the frame, than we were going to get rid of it.

Spent a lot of time on the phone with toyota. They kept stringing us along like they were going to possibly do something and they of course didn't. So this will be my last tacoma, and last toyota. They may be reliable mechanically, but that means nothing when they can't hold up structurally. It's a shame because we have really liked toyota and we would have been loyal customers for life (we also own a corolla), but not anymore.

 

This is painfull to read. It sounds like the insurance companies got word of the tacoma frame rot and will now use that as an excuse not to pay up when they have a claim on a tacoma.

Op, was your truck paid off?

 

Sad to hear OP. Hope it all works out for you and you're happy with your next vehicle purchase.

 

Sorry to see you go OP. Hopefully you will reconsider and give Toyota another go.

But I think we all understand.