need legal advice about accidents...

[redrum]

As I posted earlier... I was in an accident and it was her fault. Someone was telling me that it is illegal for them to total a car when its their fault? Something like that? I dunno. Anyone have any advice about what I can do? Because they totaled out my car by $1051 over the value of my car...

[mrshoss97V6]

I have had 2 wrecks that was their fault and one one of them my car was paid for (clear title) and I had a value set about 2700 with repairs I had made just prior to wreck and they totaled it at 800 dollars and I had to take what they valued it at. So I was screwed on that one. The other wreck I owed about 3000 more on it and they valued it less than what was owed it was totaled and I got stuck with no car and still owed about 1700.00 on a totaoled car so That can total it if they want to. Also I know by USAA they state if a car repairs are more than value of car then you get just the blue book on it not the difference. Good Luck

[redrum]

i have stated value policy, they better pay me what its worth. thats why i have the policy.

[Firstlady]

They are going to pay you what the car is worth, not what you think it is worth...regardlless of who's fault it is.


Suxors to be you!

[The Blue Beast]

From my previous expirences (and with my sister.. there have been a lot) when the accident is not your fault, that person\persons insurance is obligated to return your car back to its original working order previous to the accident. They tried to total my sisters grey stang, when she had it and the same thing happened to her as did you, and her car was really really f'd up. But they couldn't total it because even though the damages were much worse than the blue book, they had some law or something like that they had to follow. Shortly after repair she totaled it anyhow, but it was atleast her fault.

Thats just from my expirences. They only total the car when the damages are more than blue book, (not including mods.. so if ya can rip them off and sell them, then go for it), and the accident is your fault.

Maybe ask a lawyer ?? I'd try and fight it if it were me.

[The Blue Beast]

correction... if it were me, and I had your car... cuz as much as i love mine, i still want a newer one :P

[redrum]

thats what i was looking for. ok, so there is a law that says that they must return your car to working order to how it was before the accident when it is their fault, right? thanks patrick. im going to call my lawyer if i have to. my car will be back.

[68DARKHORSE]

Originally Posted by redrum

ok, so there is a law that says that they must return your car to working order to how it was before the accident when it is their fault, right?

Vehicles are totalled if the damage is more than 80% of the vehicles value.

If your car gets totalled, they should offer you a "buy back". If you want to keep your car, they will send you a check for the book value of the car minus the buy back value.

[MustangHotty22]

no they do not have too. all they have to do is give you the book value of the car and nothing more. i use to have a 02 Celica and a dumb little girl hit me from behind and i hit a pole. my car was totaled. i had only paid like 9k for it but the book value at the time was at 14k so i got 5k more than i had originally paid for it. but say if you had like things in the car such as a radio that you put in and speakers or your school books you know things like that. and they got damaged in the accident then they have to pay you for that stuff as will.

but then again every insurance company is different and works under there own books...

[enouf4u]

Originally Posted by missbandit

They are going to pay you what the car is worth, not what you think it is worth...regardlless of who's fault it is.


Suxors to be you!

[redrum]

we'll see. and... its not that i THINK the car is worth this much, i DO have a stated value policy on it. it IS worth more than blue book right now, and is insured for that amount. either way, the car will be back. no worries.

[larry03gt]

Some times you can get more than book value for your car. But you need to show proof of all the upgrades you have done to increase the value. Your best bet would be to get a good lawyer and let them fight with her ins.

[propellerhead]

Yea, what larry03gt said.

I just remembered now. One guy at work got his Honda Accord stolen and the insurance company was gonna give him book value. He presented his binder of receipts from all the scheduled maintenance and proved his car was above average condition. He got more than book value in the end.

I guess in your case, evidence of the mods and approximate value would help.

[12second5.0]

Another thing to take into consideration is that we all know that the fox body stangs are generally way above blue book value to begin with.Get pictures of cars with similar mods and condition for sale and show what the average value really is.

[BlueStangChik]

Did you have another wreck?

[01Z28]

Best bet is to get an attorney and fight it. The insurance company (yours or theres) can pick how they want to solve the issue. And IF it was there fault then it doesn't matter what kind of policy you have, they will go KBB unless you can fight with them over the price.

But if the car is "totaled" then the best thing you can do if you don't want to go to court (and possiably lose....not every one is a car nut) is to take the pay out and then do the buy back option. Lets you keep the car and gives you some pocket money to fix it.

I have 3 accidents behind me (none my fault) Insurance totaled one car and repaired the other two.

[VulvaMan]

Originally Posted by redrum

thats what i was looking for. ok, so there is a law that says that they must return your car to working order to how it was before the accident when it is their fault, right? thanks patrick. im going to call my lawyer if i have to. my car will be back.

John, there is NO law saying that if the repairs cost more than the value, they cant total it and give you their approved value of the car since its someone elses fault. I am sorry cuz I know your car was awesome and you want it back but....theres no way an insurance company is going to pay $3000 to repair a car that to them is worth $1050. I am sure that there are way more laws and regs protecting insurance companies about this than the car owner.

However There more wierd laws in this state so I would follow up with an ambulance chaser anyway.