What should I do if I was in a bad car accident and the defendent’s car insurance doesn’t want to pay me out for my beyond repaired car?
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What should I do if I was in a bad car accident and the defendent’s car insurance doesn’t want to pay me out for my beyond repaired car?
I have a 17 year old vehicle and my insurance doesn’t come with damage repairs. I was in an accident and it was the other person’s fault. I spoke with the other drivers insurance company and they’ve explained to me that my car was a total lost. I’ve been calling the drivers insurance for a month and it seems nothing is being done. I’ve asked the insurance company would it be possible for a pay out and they’re “looking into it”.
Asked on December 29, 2011 under Accident Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were involved an accident where your car was deemed a total loss, you are entitled to the fair market value of your vehicle at the time of the accident under the law assuming that you you can establish liability.
Depending upon the fair market value of your vehicle, it might be worth while to consider filing a small claims action against the driver of the vehicle who struck your car to speed up the resolution of your matter. Make sure that the jurisdiction of small claims court in your state is big enough to cover your claimed damages. You might consider consulting with a personal injury attorney about your situation.
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