Help Car Accident?

Question

I bough my car 5 months ago. I had an acident 6 days .. Someone hit me in the back right side . I dont want to have that car anymore. I know they will fixed but My car was new and I know it wont cost the same because it has been collided. Since it was not my fault is it possible to presure my insurance so they could get me another one or get a new one. Can they paid my car? Please Help?

Answer 1

You are entitled to have all your losses compensated. Unless the car is totaled, you will not get a new car. You are entitled to have the car fixed, and any and all expenses (rental car and such) paid. You are also entitled to compensation for the diminished value of the vehicle.

With services such as Carfax and AutoChek, any prospective buyer (or dealer taking the car in as a trade), will be able to see that the car was damaged, and will want to pay less for it! If the other party is at fault, and you are collecting through their insurance, you should be able to get a check for the difference in value. If the accident was your fault, it is doubtful that your insurance will pay for diminished value!

You may want to consult a lawyer.

Answer 2

Nope

If your car is repairable your insurance company is not going to total loss your car just because the newness got knocked off it.

In most states a car is a total loss when the cost to repair the vehicle equals or exceeds 75% of the cars value.

If you don't want the car anymore - then you will have to get it fixed and trade it in.

Once the car is properly repaired there is no reason not to keep the car. With a good repair job no one will ever know that it was damaged and it should not drive any difference. If you use the shop that your dealer recommends this will usually keep warranties from being voided.

Since the hang up is yours - you get to take the financial hit. You can't force the insurance company to take it for you.

Also - something you have not thought about - if you financed the car: in general - the car depreciates faster in the first year than your payments bring the note down. Frequently folks whose cars are total losses in the first year end up "upside down" - that means owing more than the car is worth.

So - even if the insurance company deemed your car a total loss - they don't pay off your note - they pay what the car is worth. If the car is worth less than your note - you get stuck paying the difference.

Answer 3

Allstate Insurance has a feature where if your car is in a collision and it is wrecked, they will replace the car as long as the car is within the last 3 model years. So if you bought a 2006 Ford Fusion, they will replace the car into the 2008 model year. When the 2009 Fusion is released they won't replace your car any longer because the car would be in its fourth model year. Other companies will usually issue a check for the value of the car if it is wrecked.
When the insurance adjuster inspects your car, they will check to see if the frame of the car is damaged. If the frame is bent they will not want to repair the car anyway and will issue you a check for the value of the car. If the frame has not suffered any damage they will then assess the damage and determine the cost of repair. If the cost of repair exceeds the value of the car they will be inclined to issue a check for the value of the car. If the cost of repair is less than the car's value then they will have the car repaired. If the latter you may not be able to pressure your insurance company to replace the car. You may be able to argue that even if repaired the car may pose safety concerns to you the driver and therefore the car should be replaced. However, this would depend on the extent of the damages to the car.
Regardless of who is at fault, If you make a claim with your insurance company and let's say they replace your car, they will then go to the other party's insurance company to recover the costs. The other insurance company may then argue that it was not justifiable to replace your car and refuse to pay. Therefore if it is determined that your car should be repaired you will not be able to persuade either insurance company to replace your car.

Answer 4

Since you will ultimately be claiming off the other guys insurarnce, you have a legal duty to "mitigate your losses" - that means to put right the damage in the most economical manner possible.

So if the cost of fixing the car is less than the value of the vehicle it will have to be repaired unless you can prove that having it repaired will detract significantly from it's value or that it is not safe to repair.

If you are the furst person to have owned the car they'll usually decide to write it off if the damage comes to more than half it's value. If the vehicle isn't written off, and the repairs are done properly, no-one should be able to tell it was repaired so it would not usually make a difference to the value of the vehicle.

Do you have a solicitor dealing with your claim as well as your insurer? If so, you could speak to them about claiming compensation for the reduction in value of the vehicle should it be repaired along with any other personal losses you have incurred.

Answer 5

If I'm expertise this proper it sounds such as you had been pulling out of a car park to show left onto a freeway. The freeway is four lanes on either side. The two lanes of site visitors closest to you, heading the reverse approach of the best way you had been turning stopped to assist you to pull out in entrance of them to show. The girl that hit you used to be visiting within the third lane over (out of the four lanes that you simply had been crossing in entrance of to show)? If that is the case than you're at fault. The girl that hit you had the proper of approach. Even regardless that the two lanes of site visitors had been waving you on, you continue to didn't have the proper of approach. It does not topic that her brakes had been going out. I have labored as an coverage agent for the beyond nine.five years & I have visible a few injuries similar to this one. In they all, the character that used to be pulling out in entrance of site visitors to show left used to be deemed at fault. Hope this is helping.

Answer 6

In one word, no. Sorry. You are legally owed the vaue of your car.n Once it's fixed, trade it in or sell it.