Insurance of person who hit my son’s car offers inadequate remedy.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Insurance of person who hit my son’s car offers inadequate remedy.
My son was struck by an old man who was fully insured (but driving a junker). He admitted fault, however the body shops and insurance adjusters say the 1988 Ford Explorer is totalled and offers half the amount I paid for the vehicle less than a year ago. Can I sue civil court to recoup enough money to replace the vehicle. It has moderate damage to left quarter panel and otherwise drives okay. My son l;eaves for college soon and we can in no way replace the vehicle due to the cost of school. Please help.God Bless and Thank You!
Asked on May 11, 2009 under Accident Law, Alabama
Answers:
LAR, Member CA State Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The vehicle couldn't be totalled then, if you're saying it has "moderate damage to the left quarter panel and otherwise drives okay." If the adjusters were from the insurance companies, take the car to an independent auto body shop to see what the cost of repairs are. Then send the bill to the other driver's insurance company to see if the company will pay. You cannot collect insurance money and retain the right sue. The insurance company will have you sign a Release if you accept monies from it, which will preclude you from pursuing this matter further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.