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Check the law in your state - might be possible to recover for loss of use as well as the cost of repairs (or value of the car of it is totaled). I saw a case in Texas where the award for loss of use far exceeded the value of the car. The court commented that’s to be expected if they refuse to settle promptly; it was not the owner’s fault they dragged their heels for so long.
Here (in Texas) you do not have to prove that you incurred rental expenses - so if you happen to have another car to drive that still would not preclude a loss of use claim. |
I laugh every time someone mentions "get a lawyer" at the drop of a hat. Attorneys are a money pit and they don't care whose money they take. This is an insignificant claim to any carrier - nothing more. Simply work them up to an amount you can live with, get paid and move on. No, you will not get some huge settlement and may not even be able to find another car that you think is as good as the one that was hit. Still, take your money and move on.
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Actually there are quite a few lawyers out there who will try to steer you away from a case not worth pursuing. But I used to be with a gal who often jokingly reminded me that it is 90 % of them who give all the rest a bad name.
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Thanks everyone for the advice, prob more for just the commiseration. They want to pay 50% because the next car behind the one that hit me caused "the other 50%"
In other words, they are saying the first hit didn't cause all of the damage. The car that hit the car that hit ME was decided to have caused 50% of it. Whatever. I'll take much of the advice here, send copies of parts receipts, engine receipts, etc., then like vehicle in like market AND cost of rental for three-months (happened Feb 6). I'm not looking for millions for some rare car (though for me it was, have had it for 20 years now). Just perhaps enough to get a decent body to build up like this was. BTW, dash cam wouldn't have really done anything for me, fault was admitted and clear. It's the insur co who's dragging and offering a pittance. But..., I do have a dash cam in the truck now. For the $26 they cost, almost irresponsible not to. I get that now. |
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Take money and move on might be an ok outcome, but if the money is absurdly low, then it’s absurdly low. It’s on the OP though to generate the valuation basis and argue it... correctly. That may indeed require some help. Otherwise one is done to start. No reason for that to be the case and accept defeat too early. This sort of thing is one of the risks of dealing with older cars... Accepted value is a way to fix this, though it has restrictions too... So one way or another the OP has to establish value and fight it.... |
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This is correct. You don't need a lawyer, you just need to be informed and then be very clear and firm in what they need to do in order to make you whole. Talk to your state's insurance commissioner and get informed. Put your "This is my price" if they won't fix the car in writing, and send it to them. Be brief and clear in your communications. Support that price with evidence, challenge them to find a similar example for sale at the price they offer. Provide all the documentation of the major work, pictures of the car before the accident. Time is on your side, they are graded by how quickly they settle. Hold out for your price. Do consider taking the driver to small claims court. Maybe prepare the paperwork and send them a copy of what you intend to file. If you have needed to rent a car while your car is damaged, they are also responsible for that. Start sending them bills for the cost of the rental. Bill them for the cost of the tow, if there was one. |
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Check this claim of only 50% liability with the state insurance commissioner's office. I think it is wrong, but it may be the law in your state. If that is the case, then you need to go after "the next car behind the one" that hit you. |
From the picture, it looks like the OP hit a car going the other way then the car behind him hit him.
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Or he was hit from behind first and then pushed into the oncoming car. |
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Someone said NADA has nothing to do with setting valuation. Not true. It is a third party valuation guide. More specifically, there is a “classic” valuation guide which is more realistic valuation than the type of depreciation that a 30 year old high mileage vehicle generally hails. This is a traceable, citable source, routinely updated. The challenge becomes the argument on the condition. Detailed color pics of eBay sales can help, but they’ll always have a bad to counter the good, and you’ll roll down a path of jury trial so your peers can decide. BTDT. |
In Ohio, NADA and all of the similar value guides have no standing whatsoever in court. You are in the driver's seat,as your property was damaged by someone else's negligence.I would like to suggest that you take control the situation and not allow the insurance company to take that role.
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The above " what is it worth? " issue is why I push Agreed Value insurance for any car one thinks is worth something. This way there isn't any issue of what a car is "worth".
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