I do not agree with the property damages offered!

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I do not agree with the property damages offered!

I was rear ended in an auto accident by a 20 year old driver who was arrested for dui and was sited for the accident. His insurance company wants to total my truck and only give me enough money to pay off the loan. I don’t agree to this what are my options?

Asked on April 24, 2009 under Accident Law, Nevada

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, damages are in a few forms:

1. If totaled = worth just prior to damage.

2. If not totaled = cost of repair, if repair cost is not more than car's worth.  If more than car's worth, then they consider it totaled and give you basically the amount to pay off the loan or total amount if no loan.

3. If not totaled = some policies actually allow for car replacement or car replacement amount. 

If you don't agree, you need to hire counsel.  Did you have any personal injury -- pain and suffering? Hire a personal injury attorney or at least consult with one to determine if you have other options.  If your car is old, you may be out of luck.  Try www.attorneypages.com or the Nevada state bar.


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