QUESTION
Is there anything we can do to get a higher value from a person who rear ended and broke our car?
Asked on Nov 01st, 2013 on Automobile Accidents - California
More details to this question:
I was in an auto accident where 16 year old kid rear ended me and will likely be a total loss. I am unemployed, as well as my wife and we are running low on funds. There was a light at the end of the tunnel, my wife is being offered a job(day after the accident) but had 80 mile round trip. I had a reliable car with no engine problems, the body was also in good shape. The fact is she would need it because its the only one we had. The accident happened 3 days ago so no offer has been made yet but I have been looking at "fair value", which is less than $2000, and its not anywhere near what I need to buy a vehicle to last until we can afford another. Because of this accident, my wife will probably not be able to take this job and if she does maybe not be able to work it long. This is creating a hard ship on us and is stressing us out. This is a bit unfair we have to suffer because this young kid ran into us while we were at a stop light. I cannot find a car comparable to mine for less than $5000. Is there any thing that can be done?
4 ANSWERS
James Eugene Hasser
The law of damages in Alabama is that you are owed the value of the car just before the accident or the cost of repairs, whichever is less. Values are a matter of opinion. Everyone has one. If you think your car was worth $5k, then you are entitled to your opinion. You would also be entitled to be paid for any injuries you may have suffered.
Answered on Nov 11th, 2013 at 6:19 AM
Ronald A. Steinberg
Unfortunately, that is the way that it works. You are entitled to recover the reasonable value of your loss. If you check Auto Trader, Craig's List, and all other sources to determine what the reasonable price of your car would be, then you can resolve the case with your insurance company. You cannot sue the kid for more, except for your injuries and damages.
Answered on Nov 08th, 2013 at 3:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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You are allowed to recover your loss, which is the actual cash value, replacement value of the loss. See if there is coverage for a loaner until the claim is settled.
Answered on Nov 07th, 2013 at 8:22 AM
Edwin K. Niles
I'm surprised, with a total loss, that you are not asking about payment for pain and suffering. Insurance companies do not take property damage claims very seriously. However, if you were injured and made that claim, your wife's loss of earnings would be part of the claim. You can certainly add the loss of earnings claim as part of the damage claim, but it will drag the claim out, and that?s not what you want, either.
Answered on Nov 07th, 2013 at 6:52 AM