i got hit on the side and i am a little banged up. If the insurance totals my car, would i be able to get money back for pain and suffering?
2006-10-10 13:20:19 · 16 answers · asked by tsocorro 1 in Cars & Transportation ➔ Insurance & Registration
Yes totalled. You need to be more than a little banged up to get much in the way of compensation.
2006-10-10 14:18:38 · answer #1 · answered by Papa John 6 · 0⤊ 0⤋
The limit ratio of cost to repair vs value of the car is set by the state, all states have different regs. Most often states will require the vehicle to be 'totaled' if cost to repair exceeds 75 - 80% of it's actual cash value. As far as pain and suffering -- just how much do you think you are due because you are a 'little banged up'? Are you truly suffering or are you looking to cash-in? Here's a news flash -- a seasoned claims adjuster can smell a hustle a mile away so I would suggest that if you do ask for P&S be reasonable or you you may be faced with having to pay a lawyer 40% of your settlement, IF you can a lawyer stupid enough to take this lame case.
2006-10-10 13:52:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
ok first things first...if it was not your fault..then the other persons insurance is responsible for replacing or fixing your car...depending on if it's repairable or not. to answer your original question...if the car is damaged to the point it will cost more to repair it than the value of the car then yes they total it and offer you a price for the car.
As far as your injuries...my advice is..depending on the state you are in...do not settle right away...other ailments may turn up later that you did not realize at the time...in some states it's 2 yrs to file a claim in other's it is 5. Don't jump the gun and run to a lawyer right away either. Just go to your dr and let the insurance pay that.
Ok this is important...and if you do not do it then you will end up being screwed. daily...and I mean daily keep a journal of how you feel. Write down everything...good and bad. contact "your" insurance company and ask them what the time limit is to file a claim in your state...do not ask the other persons cause they can and will lie to you.
I am assuming that this was the other person's fault and not yours.
If it was your fault...forget everything I said above except the part about the value of the car.
Get a copy of the police report..whether it was your fault or the other persons...this is important as the other person may try to say something else happened...but the police report doesn't lie.
Ok I know I answered more than you asked so I'm going to stop here.
Good luck and God bless
2006-10-10 13:32:08 · answer #3 · answered by Kenneth S 5 · 1⤊ 1⤋
the insurance co will total the car if the repair estimate exceeds 80% of the nada/blue book value. as far as pain and suffering, all that is gonna come from the other persons ins. co. that is, providing that person has insurance. it would have been a better case for your cause if there would have been a trip to the hospital involved. if you missed a few days work, better yet. these are signs there really was some sort of legitamite injury. no missed work, no emer room visit, maybe no $$$. depends on how much you scream. dont be too quick to settle if you really are hurt. accepting money is considered settling, in most cases. be careful there.
2006-10-10 13:29:06 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Yes your insurance company should total your car. Say your car is worth $1500 and your repair is $2000 or $2500, they should total your car. But.... I'm not sure about pain and suffering. That should be out of the other insurance company from the person that hit ya. All depends on what kind of insurance they have.
2006-10-10 13:27:13 · answer #5 · answered by marriedinberwick 1 · 0⤊ 0⤋
You are asking two different questions. If the cost of repair on a car exceeds the book value, the car is a write-off and you will get money for a replacement.
If you are asking for money for pain and suffering, that would more than likely involve a civil suit against the other party. It all depends on what your policy says, so your insurance agent is the best one to ask, as all policies are different.
2006-10-10 13:29:45 · answer #6 · answered by old lady 7 · 0⤊ 1⤋
Well, yes, and no. If the cost to repair exceeds the Actual Cash Value (ACV) then it will be a total. And no, you can't get money for your vehicle damages from your bodily injury pain and suffering claim. I am confused by the question, but assume that's what you're asking.
2006-10-10 14:35:28 · answer #7 · answered by Chris 5 · 0⤊ 0⤋
Sue every one involved! Hire attorney now! Insurance does not need total blue book value to total the car just how hard the repair is to fix and how much salvage value the wrecked car is worth. About 1/3 of actual valve the car is salvaged. Cars hit in the side are valuable for engine trans and electronics. Plus suspension & doors on the no hit side. Big picture here if you ran the light stop sign and some one will testify to that, you will settle sooner. Attorneys that will do work if they collect money for 20/30% are all you can do. If it is not your fault SUE every one even your insurance carrier.
2006-10-10 13:30:17 · answer #8 · answered by John Paul 7 · 1⤊ 2⤋
Yes the insurance will just consider the car totaled.
Yes you should get money for your pain and suffering.Make sure you go to the doctor sometimes they will make you an offer without going to the doctor But be safe and go Good luck hope ya get better.
2006-10-10 13:30:43 · answer #9 · answered by vjr1974@sbcglobal.net 2 · 0⤊ 0⤋
yes that is so true. I had someone to back into my car and burst the headlight and dent the hood. The insurance total it because the part cost more than the value of the car.
2006-10-10 13:31:17 · answer #10 · answered by bquick10 2 · 0⤊ 0⤋