MY 2010 KIA FORTE KOUP 7650MI WAS TOTALLED BY DRUNK DRIVER. CAN I INCLUDE THE COSTS OF RENTAL CAR &THE NEW KIA FORTE IN EXPENSES?

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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: Sep 13, 2012

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Insurance Question from Glendale, AZ

Asked on 09/13/2012

MY 2010 KIA FORTE KOUP 7650MI WAS TOTALLED BY DRUNK DRIVER. CAN I INCLUDE THE COSTS OF RENTAL CAR &THE NEW KIA FORTE IN EXPENSES? I PURCHASED 2010 KIA FORTE KOUP 10/8/11. 4/23/12 MY CAR HAD 7650 MILES WHEN I WAS HIT BY DRUNK WITH BAC .156 & .08 HRS LATER. IT WAS TOTALLED.I NEEDED RENTAL CAR TO GET TO MEDICAL APPTS, PHYS THERAPY, GET PRESC. & MAINTAIN NORMAL LIFE WHILE LOOKING FOR REPLACEMENT CAR. i PAID $17,159 FOR THIS CAR & REPLACED IT WITH $19,061 2013 KIA FORTE. ISN'T COMPENSATION TO 'BRING ONE BACK TO WAY THEY WERE PRIOR TO ACCIDENT"?

Answer given on September 16, 2012

If you were in an auto accident that was not your fault, then the other insurance company must pay to repair your car, or if it is a total loss, pay the actual cash value of the car. They are expected to find a similar car to determine the settlement amount for your car. If you could not find a car with similar mileage and style as you had, then you need to work with the other insurance company and try to get a larger settlment. The evidence to support your claim is on you. You need to prove there was no other car available that you could find for the amout that was offered by the other insurance company.As a part of the settlement, the other insurance company must also provide you with a rental car until the settlement is made and you get the check. After that time, they do not owe you a rental car.


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