some drunk ran into my parked car the other night.. although i got the glory of seeing him be taken away in cuffs.. i am stressed about the fact that the car that i had was 10 years old.. and in perfect condition.. i paid 2500 for it and his insurance co. wants to give me only 800 for it.. my car is totaled and now im going to have to pay for a crappy car that i have to put money into in which i dont have because i cant work due to medical problems.... this is not fair!! what do i do??? how can someone who drinks and drives have the luck of giving me crap for totaling my car... the only transportation that i had...
2007-10-22 15:49:34 · 10 answers · asked by lil_bit_shie 1 in Cars & Transportation ➔ Insurance & Registration
the guy who towed my car said that the low book is 1600 and the high is 3300.. he estimated it to be atleast 2900... the dude who hit my car.. his insurance is trying to deduct the "storage fees" for my car sitting at the garage.. out of what they are going to pay me for my damages.. i do not feel as though this is right!!!! its not my fault my car is sitting there... its his!! i have declined the 800.00 offer... i told the insurance office.. i wont settle for anything less than 2 grand... he was the one that was drunk.. not me.. i wasnt even driving the car when that *** hit my car!!! it was parked.. he actually crossed the road and hit it... the speed limit is only 30 where my car was parked.. and he had to have been doing faster than that.. in order to total my car and push his front tires under his drivers seat... he is just lucky my car was there.. cuz if it wasnt.. he would have killed himself when he hit the telephone pole on the other side of my car...
2007-10-23 19:42:53 · update #1
thanks to everyone with their advise... i have actually refused their offer... it has shot up from the 800 to 1200 and they are looking in to see if they can get me more... all because i told them i wanted to talk to a lawyer to see what my rights were.. seeing the dude was drunk.. kind of funny how it raised by just mentioning a lawyer... lol.. ill keep you up to date..
2007-10-25 09:18:14 · update #2
Get a lawyer. Sue HIM for the cost of replacing your vehicle.
2007-10-22 15:54:14 · answer #1 · answered by Jason 6 · 1⤊ 2⤋
How long ago did you buy the vehicle? Have you had any major repairs done to the car within the last few months? If you had major work done, that should be taken into account when the value of the vehicle is determined.
Send me a message with the year, make, model, trim level and mileage and I will research the actual value of the car and try to give you some information to use in negotiations with the drunk's insurance company!
They should also be paying for a rental car for you until they settle the claim!
EDIT:
The towing and storage fees should not be deducted from the settlement. They should be paid by the insurance company in addition to the value of your vehicle. Don't forget to add the cost of tax and title for the replacement cost, they are liable for that also!
2007-10-22 15:59:14 · answer #2 · answered by fire4511 7 · 1⤊ 1⤋
Well, let me tell you Raven's answer is the ONLY answer that makes sense. You do need to check the market value. The insurance company is NOT trying to rip you off. They CAN'T rip you off!
People listen to too many Larry H Parker commercials! You are entitled to what market value is. The insurance company will do a market check, they will have a range of what the car is worth and they can offer any amount in that range. You DO need to do your own search, find what your car was like, list ALL the options, all the work being done showing why it is better than what market cars they show as proof.
However, you need to realize also is that you may get less than what you paid, that's how life is! Values go down and while you paid a certain amount, the value may be less now. Going to small claims court may get you more, but not A LOT more, but whether you spend money on a lawyer or go small claims, you will only get market value and you need to PROVE that it is worth what you say it is.
So, do your homework, show why your car is worth what it is. His penalty will be probably loss of insurance or way higher rate, time in jail etc....not much else unfortunately can be done. Be glad he had insurance at least. We were hit by a hit and run driver while we were both unemployed and while we have no idea who hit us, our own collision covered it with a $1,000.00 deductible!
2007-10-22 16:19:03 · answer #3 · answered by LDBK 3 · 2⤊ 2⤋
That is a problem. I have a sister in law that had the same exact problem. She got the money from the insurance and then had to go out and get another car, and it wound up costing her more money, but at least she had a newer car.
Contact your insurnace company and ask them what to do. If you feel that you car was in better shape and worth more than the settlement, then you can fight them. Do not speak with them over the phone or in person. Either let your insurance man speak to them or get a lawyer and let him do the talking. The only problem with getting a lawyer, is the price that he will charge you. I don't believe that you can recover those costs. So in the long run you may be better off, biting the bullet and taking the offer, assuming that they up it a bit.
good luck.
2007-10-22 16:02:09 · answer #4 · answered by Fordman 7 · 0⤊ 3⤋
You can decline the offer that the insurance company made and show them proof that you car is worth more. You aren't going to be paid replacement value but you might be able to get some more money if you push a little harder. The way they determine what they are going to pay for a total loss is Fair market value, they look for other vehicles on the market comparable to yours and they see what they are going for. What you can do is look for other vehicles in your area that are of similar year. make and model and get print out of these vehicles and offer to send them to the claims rep. Good luck!
2007-10-22 16:01:20 · answer #5 · answered by Raven 3 · 2⤊ 2⤋
Get a free consultation with an attorney. You may be able to go after him over and above what your insurance is ripping you off for. Also, check NADA.com. (Now a days NADA is used instead of Kelly Bluebook) Look up, for yourself, what your car is worth. Include everything the listing offers, mileage, etc. YOU TELL the insurance company what your car is worth and insist they pay the fair market value NADA suggests. Good luck.
2007-10-22 15:56:59 · answer #6 · answered by kys 4 · 0⤊ 2⤋
well you could sue him for the difference. the only problem with that is the lawyer is probably going to cost you more. check with the prosecutor, he should be paying you restitution of some kind. someone stole my car once, it wound up in an impound and the kid that stole it had to pay me restitution. it paid for what i had to pay to get it out. check into that. good luck and sorry about your car.
2007-10-22 15:59:14 · answer #7 · answered by stevey_32 5 · 0⤊ 2⤋
YOU DON'T NEED A LAWYER, JUST FILE WITH YOUR LOCAL SMALL CLAIMS COURT SYSTEM AND DO EVERYTHING YOURSELF.
THIS WAY WHEN YOU WIN YOU CAN ASK THE JUDGE TO GARNISH THE OTHER PARTIES WAGES AND ALSO PUT A LIEN ON THEIR PROPERTY AS WELL
PLUS YOU DON'T HAVE TO PAY FOR THE LAWYER AND THEIR OUTRAGEOUS FEES.
2007-10-23 01:40:58 · answer #8 · answered by Anonymous · 0⤊ 3⤋
You will only get the "book" value for your car. If you sue you can get a lot more.
2007-10-22 15:57:16 · answer #9 · answered by robee 7 · 0⤊ 2⤋
SUE HIM OR TAKE HIM TO SMALL CLAIMS COURT THAT IS SO WRONG
2007-10-22 15:55:47 · answer #10 · answered by OH THAT GIRL 1 · 0⤊ 2⤋