My car is going to be totaled following an accident that was not my fault. How do I protect my rights?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My car is going to be totaled following an accident that was not my fault. How do I protect my rights?

The ins. co. of the other driver seems very uncooperative about even minor requests, like a rental on the 3rd day after the accident. This makes me feel like I won’t get a fair settlement. My car was a restored classic car I did in high school which seems like it could complicate matters,.

Asked on March 26, 2009 under Accident Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You do not have to accept the other driver's insurance company's offer.

The other driver and his insurance company are only obligated to pay the lesser of the repair cost or the fair market value of the damaged car.

That this damaged car has sentimental value to you above and beyond the market value is not relevant; you're not going to get sentimental value.

You can say you will accept the fair market value of the car but as it is totalled you'll credit them the salvage value and keep the car (which they would sell for scrap or salvage).

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

If you have collision coverage, let your auto insurance company handle it, absorb the deductible (you'll likely get most of it back when it goes after the other driver's insurance company). Your carrier owes you a duty of good faith.

If not you'll likely have a hard time as the other driver's carrier is not your friend, but your adversary. It does not owe you more than the minimum the law requires.

One technique is just to file a claim in small claims court. That sometimes causes the other driver's carrier to up its offer, and sometimes causes them to say prove it in court and hope you make a mistake.

You'd have to prove both that the other driver was at fault AND your damages to win. A paid repair bill is usually the best evidence of the principal damages, and without one in some courts you'd have to bring an expert to testify as to what the cost would be to repair it. If the value of the car before the accident was less than the cost to repair it, all you'd get is the fair market value of the car before the accident -- sentimental value is not a legal measure of damages.

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption