A FedEx driver has hit my parked car and left it totalled, shouldn’t they be replacing my vehicle?

Their insurance company is only willing to pay off my lean holder and give what’s left to me, and also stated on the phone with me that if the lienholder wants the car back they would deduct a salvage fee from the money they owe me. After they settle they say they will take my rental away and that’s that. They are now giving me a time limit on my decision which is 11 days from the accident which I was unaware existed until today when I told them I was looking for a second opinion. If I settle I’ll be left with less than $2000 to get a new car. Plus the work I lost when I didn’t have the rental, the work I will lose while I’m saving to get a car, and the money it will cost to register another vehicle. I’m at a loss. FedEx driver admits full responsibility for the accident.

Asked on April 6, 2018 under Accident Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Being that the settlement offer is not completely acceptable to you, you can reject it and sue FedEx for the negligence of its driver. Your "damages" (i.e. what you are suing for)would be compensation for the full value of your car.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Since you are dissatisfied with the settlement offer, your only recourse is to reject the settlement offer and file a lawsuit for negligence against FedEx. Your damages (monetary compensation you are seeking in your lawsuit ) would be the value of your car.


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