What to do about obtaining proper reimbursement for a totaled car?

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What to do about obtaining proper reimbursement for a totaled car?

My mother was in a car accident due to the other driver texting. Her car was in mint condition and paid for. The other driver’s insurer is trying to give her $3700, which is ridiculous. No one could find a car comparable to hers for that amount of money. On top of that they are ending the rental car payment as of tomorrow and she’s already had to go to the doctor numerous times because of her injuries. What should we do?

Asked on April 19, 2012 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the at-fault driver or his/her insurer will not offer you what you consider a reasonable settlement, then your option is to sue. You could potentially recovery the then-current fair market value, or "blue book" value, of the car (though note: this could be substantially less than replacement value; all you are entitled to is the current value, not the cost to replace), out-of-pocket or unreimbursed medical expenses, other out-of-pocket costs (e.g. car rentals, cabs), pain and suffering for injuries impairing life functions or enjoyment, and lost wages, if any. Your mother should speak with a personal injury lawyer; the attorney can help her understand the strength of her case, what it might be worth, and what it might cost to pursue it, after which she can make an informed decision. Good luck.


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