QUESTION
How do I get the right settlement for my car against another insurance company?
Asked on Aug 07th, 2013 on Personal Injury - Michigan
More details to this question:
I was stopped on a light when I was rear-ended and I in turn hit the car in front of me. My car was sandwiched and damaged heavily but no damage to either cars in front of me or the one that caused it. My car is antique classic foreign car from 1972; I’ve spent over $26,000 to restore it to almost perfection. The driver that read-ended me put a claim against her insurance company and she established that she was at fault. So, her insurance company offered to total my car and settle for $8800, if I wanted to keep the car they will deduct $2000. The comparable cars on the Internet when available are selling between $20,000 and $60,000. I asked the insurance company to reevaluate the settlement and submitted to them what I can find on the Internet at the time. There are only 150 of these cars today on the roads (worldwide) so you cannot find the car for sale at all times. The insurance company rejected the comparable prices saying:• 3 BC OUTSIDE US• 1 BC RESTRICTED SITE- EBAY, CRAIGS LIST• 1 BC OUTSIDE MODEL YR.• 1 BC COND EXCELLENT- DOES NOT MATCH THIS VEHS COND• 1 BC STATEMENT OVER 3 MONTHS OLDI want my car fixed not totaled! I want to settle for what is the rightful price to get it fixed. They want total it. It would take around $13000 to fix the car.What recourse do I have? What can I do without going to court to settle to my figure without totaling the car?
11 ANSWERS
James Eugene Hasser
The law of damages in Alabama is that you are entitled to the cost of repair or the value of the vehicle immediately prior to the accident, whichever is lesser.
Answered on Aug 17th, 2013 at 1:41 AM
Get counsel involved. They have already told you they are not going to agree with your desire or your valuations. Banging your head on the wall only brings pain and ultimately damages the wall as well.
Answered on Aug 17th, 2013 at 1:41 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You get a written appraisal on your car. the insurance co doesn't give a hoot about your opinion. Then you sue the rascals (you actually sue the dude who hit you)
Answered on Aug 17th, 2013 at 1:41 AM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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You should immediately retain the assistance of counsel. Most attorneys that would handle this matter, including our firm, would not take or charge any money from you. They would represent you on a contingency basis. But if you wish to receive a fair settlement, you must seek legal advice. For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers. Recently CNN's Anderson Cooper conducted an undercover investigation into these tactics and to better understand why you will require the aid of counsel to receive fair and reasonable settlement for your damages, we ask that you take a few minutes and review these four links below, in the order they appear. If you are unable to click on the link, please cut and paste them on your browser and then watch them.
Answered on Aug 17th, 2013 at 1:41 AM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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You should hire a reputable material damage appraiser, get an evaluation of the car value without damage, and get an evaluation of the damage. If the material damage appraiser's numbers are consistent with your numbers, then give the appraisal to the carrier. If the carrier does not pay, then you need to look at filing a lawsuit against the responsible party.
Answered on Aug 17th, 2013 at 1:41 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You may not be able to settle out of court. There is a procedure for going to arbitration for property damage claims (in S.C.) You go to the County Clerk of Court, pay a filing fee, and they appoint 3 lawyers to listen to our claim. You can present what you found on the internet. If It were me, I would try to find someone who deals in or has knowledge of antique cars to come to the hearing and testify. If you get a written opinion from such a person and present it to the insurer, they may settle without going to court.
Answered on Aug 17th, 2013 at 1:41 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are going to have to engage an attorney to prosecute your claim.
Answered on Aug 17th, 2013 at 1:41 AM
You could hire an attorney to write a demand letter to try to get them to pay more but they probably are not going to go much higher in their offer. Your damages exceed the small claim court limits in California [$7,500] so you would have to sue in Superior Court. Unless an attorney would be willing to work on an hourly basis, it would cost you about $4,000 [33%] in legal fees to have an attorney in Superior Court handle the matter, so it might not be worthwhile to sue in Superior Court. I would be willing to represent you at $150 per hour, assuming you are in California.
Answered on Aug 17th, 2013 at 1:41 AM
Personal Injury Attorney serving Mission Viejo, CA
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Law Firm of Rivers J. Morrell III
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You are entitled to the fair market value of the vehicle. Since this is a very rare vehicle, and there are little to no comparables, you will have to have an expert provide an opinion as to the fair market value. If the insurance company refuses, then your only alternative is to file a lawsuit. If the costs of repairs exceed the value, then they are responsible for paying the fair market value.
Answered on Aug 17th, 2013 at 1:41 AM
Criminal Defense Attorney serving Southfield, MI
Partner at
Law Offices of Ezra N. Goldman P.C.
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Michigan is a no fault state. The other driver's insurance doesn't have to pay for the damage to your car yours does.
Answered on Aug 17th, 2013 at 1:41 AM
Ronald A. Steinberg
Sue the wrongdoers.
Answered on Aug 17th, 2013 at 1:40 AM