A guy ran a light and totaled my car which I owe $9000 dollars on. The NADA says its worth only 6300! My back and neck hurt like hell for 2 days, plus I wasn't able to earn a living for a whole week. The other insurance company offered me 6300 for my car, but that wouldn't even pay it off or give me a down payment for another. I don't know what I should do. What do you think? I don't want to get rich, but I am the one who has been inconvienced by someone else's not paying attention, and seem to be doing all the suffering.
2007-02-17 15:38:19 · 10 answers · asked by Lance 3 in Cars & Transportation ➔ Insurance & Registration
I have to agree with the other posts. You are only owed replacement cost for your vehicle. If you are upside down in your vehicle, an insurance company will not compensate you for that. Many companies use NADA over KBB. NADA is average selling price where KBB is average asking price. The only thing I can suggest is that you request a market survey if they are only using NADA. That may increase or decrease their offer. They are only required to pay for what it would cost to get you back into your vehicle.
Your injuries are completely independent from your property damage claim. Let the adjuster know that you are injured and they will address that portion of your claim separately. Hint: hold off hiring a lawyer. You have time to do that later if you wish. However, if the insuance company is being reasonable, there is no reason to give a lawyer 33% of your settlement.
2007-02-17 20:01:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Ok.. first off.. you are talking about two completely seperate portions of your claim: Your car damage and your injury
For your car damage: They do not owe you the amount you owe on your loan or a down payment on another car- is it their fault that you paid more then the car is worth? By law- they owe you actual cash value of the vehicle- which they are giving you. No lawyer or anyone else will be able to get you a penny more
For your injury: If your state requires the at fault partie to pay 100% of the injury- they will owe you any medical expenses plus lost wages- again- unless your permenantly injured- not a penny more. Now- they will probably give you an extra thousand bucks or so just to make you go away.. but again... no lawyer.... will influence the company to pay anymore then your injury and will end up losing you money as they take some.
Now.. yes, an accident is an inconvience. So is waiting in line at the grocery store. This is life. Stuff happens. It's funny how fast people think they are "owed" a monetary value for their inconvenience. As if somehow it will "get back" the at fault party if they get cash. People need to understand that money doesnt solve problems- it will never take back that you had to be in an accident. Im so sick of people thinking for every bad thing that happens to them in life that they should get money for it. again- THIS IS LIFE- DEAL WITH IT.
2007-02-18 01:53:12 · answer #2 · answered by Anonymous · 2⤊ 2⤋
If your car is totaled, the insurance company only owes you the actual cash value of the vehicle, not your loan balance, and this will stand in any court. The fact you still owe money on it is a different issue...many times I have heard judges tell plantiffs it's not the guys fault you over-financed your vehicle or bought a vehicle that doesn't retain its value.
Your injury claim is a seperate damage from your property damage; the settlement of one has nothing to do with the other.
As long as your week off work is in fact accident related, i.e. you have a disability slip from your doctor....you're due your lost wages.
2007-02-17 15:47:15 · answer #3 · answered by bundysmom 6 · 1⤊ 0⤋
It all depends. Without knowing all of the details, it is not possible to give a good opinion. A person can be disabled from his job as a police officer but might be able to do other work and be gainfully employed for the rest of his life. Since the officer was on duty, his medical expenses and lost wages have to be paid by workers' compensation. The workers comp carrier might have to be repaid out of any settlement. A personal injury lawyer should be hired, if only to evaluate the case for settlement.
2016-05-24 00:38:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That is why the trial accident lawyers are rich. I had a new car and it got stolen about 3 months later and I OWED $1000 on it. I thought insurance would pay everything but nope. Was I wrong.
Anyway, you need to get a lawyer fast. Talk to the attorney first, before you talk to the other insurance company.
2007-02-17 21:55:43 · answer #5 · answered by Big C 6 · 0⤊ 0⤋
Your problem is that you owe more for the car, than the car is worth. Sorry, you're outta luck,here's why. When you purchased the vehicle, you likely paid more than fair market value. Now, the adjuster looks at the vehicle, it's mileage,overall wear and tear, and gives you the lowest amount for your car,meaning low blue book. Now, if you can prove that your vehicle is worth more than that,because it has stereo,wheels,etc,you can show the receipts and that will be added to the bid. Unless your car was immaculate,inside and out, the insurance company is going to go low, it won't pay off your loan,so then you will still owe on your loan and be required to pay it off. You could go to court for your minor back/neck problem,probably won't get paid in full unless you had to rent a car or something like that. Sorry,it's bad news dude.
2007-02-17 16:25:23 · answer #6 · answered by fisherwoman 6 · 1⤊ 0⤋
It's not the insurance companies fault that you owe $9.000 on a vehicle worth $6,300. That is all they will give you for the vehicle. If you have doctor bills as a direct result of the accident, they will pay those. If you were off work on your doctor's orders, they might compensate you for that. You don't get anything for being unconvinced.
How do you figure you are suffering though? They have offered a fair settlement.
2007-02-17 22:08:29 · answer #7 · answered by oklatom 7 · 0⤊ 1⤋
Politely refuse their offer, hire a good accident lawyer and go for it. I would think that your car should be paid off ($9,000), your wages recouped and pain and suffering, plus any medical expenses incurred should be taken into consideration. Don't forget that a lawyer will typically receive 1/3 of whatever you recover. It may take some time (maybe even years), but a good attorney will recover your losses.
2007-02-17 15:48:55 · answer #8 · answered by Kiffin # 1 6 · 1⤊ 1⤋
Have no dealings whatsoever with the attouneys representing the other driver.NONE! retatain an attourney to represent you immiediety. heed my words! your council will recieve3 a portion of your settl;ement approx;25-30% this is normal. do not by any means sign any settlement with the insurance company of the person who hit you. DO NOT
2007-02-17 15:58:28 · answer #9 · answered by sbay60@yahoo.com 2 · 1⤊ 0⤋
Can you prove he ran the light?
If so it is now a criminal case.
2007-02-17 15:44:46 · answer #10 · answered by Yahoo Sucks 5 · 0⤊ 1⤋