Insurance of person who hit my son’s car offers inadequate remedy.

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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 11 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. 


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