Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 22, 2013

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Insurance Question from Benbrook, TX

Asked on 07/22/2013

My daughter and family were in a wreck with an 18wheeler. It was the truckers fault. Their car was totaled. They were not hurt visibly, but hurting. Will the truckers insurance replace their car and offer some kind of settlement? They are both affected terribly, as their son, who is 4 was in the car.

Answer given on July 23, 2013

If the trucker caused an accident with your daughter and her family, the trucker’s insurance company will respond to settle the claim. If the car was totaled, the insurance company will offer the actual cash value of the car. This is determined by the Blue Book or other sources as to the current value of the car. This is often not what the owner feels is the value, but it is based on local costs. If you do not agree with the offer, it is up to you to prove a higher value for the car.If it was not totaled, then they will pay to repair the car at no cost to your daughter.If your daughter and family were injured, their medical expenses will be reimbursed. However, the insurance company will usually wait until all medical services have been completed. They usually will not make partial payments. As far as emotional injuries, each insurance company handles this type of claim differently. They will probably make some sort of offer, but that is not guaranteed. Your daughter needs to talk to the adjuster about this and see what they offer.


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