QUESTION
Should I hire an attorney and fight for a new truck?
Asked on Feb 14th, 2013 on Personal Injury - Louisiana
More details to this question:
My brand new truck was rear-ended. Insurance company only wants to pay for a new frame. If and when I try to sale my truck it's going to show up as wrecked.
9 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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In Louisiana, the insurance company only has the option to total a vehicle if the repairs of the damage are equal to or greater than 75% of the actual cash value of the vehicle. If it is repairable, then you may also seek damages for diminution of value of your truck (i.e., the difference in the value of your truck pre-accident and the value of your truck after repairs).
Answered on Apr 04th, 2013 at 8:02 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes. I don't know how new is new, but if really new they ought to do better by you. Get you a lawyer and go to a Carmax or similar place and prove how much value you lose when you try to sell a damaged vehicle after repair.
Answered on Feb 19th, 2013 at 1:16 PM
Yes. In California you can sue and if you can prove it you can recover the drop in value because of the salvage title against an insurance company. Going to small claims and citing salvage prices from e-bay is not going to work. You need professional representation.
Answered on Feb 19th, 2013 at 1:16 PM
Were you hurt? If not, then not worth fighting it.
Answered on Feb 19th, 2013 at 6:02 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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They have to pay you for diminished value....just tell them to total the truck. If the cost of repairing the truck, including the rental car they have to rent you during the time the truck is being repaired, meets or exceeds 80% of the value of the truck, either side can declare it a total loss and then they have to pay you fair market value for the truck.
Answered on Feb 19th, 2013 at 6:01 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's definitely worth consulting a lawyer and seeing if he or she would evaluate your case the way you do.
Answered on Feb 19th, 2013 at 6:01 AM
James Eugene Hasser
You not only are entitled to the cost of repair, but also for the decrease in value of your truck simply for the fact that it's been wrecked.
Answered on Feb 19th, 2013 at 1:29 AM
I handled a similar situation for my wife's car, getting estimates from local car dealers what the difference in price would be, wrote two good letter to the insurance carrier, I got several hundreds more[do not remember exact amount]. Also be careful that they give you close to the truck rental rate or the actual amount you had to pay for loss of use. You would need an attorney who charges a discounted rate as I do ($150) to make it worthwhile to hire a personal injury attorney instead of taking the case to Small Claims Court.
Answered on Feb 19th, 2013 at 1:10 AM
Criminal Defense Attorney serving Covington, LA
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Law Office of Ernest J. Bauer Jr.
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There are rules regarding at what point a car is considered totaled.
Answered on Feb 19th, 2013 at 12:13 AM