auto accident, personal injury law FL, what is a fair offer of settlement

Insurance offer: I was recently in a auto collision with a semi-trailer, he was cited for the accident so his insurance is taking care of my claim. The company called me today and offered me $200.00 less than private ownership kelly blue book. Not what the dealers would sell that car for, but what a regular person would. They gave me 5 days to decide if I want to take the offer, or keep my totalled car and take even less money. If I don't decide in the time allowed then I have to start paying for the rental they provided. Is this offer the best I can hope for, I can't get a car like mine for that money. And I wouldn't be able to find one close enough from a private owner in just 5 days? - Is this your question? Add additional information
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Answers (4)

Brian Richard Dinday

Brian Richard Dinday

Contributor Level 8
This is negotiable. Offer them a price for your car that is fair and see if they take it. Make casual mention of going to see a lawyer if they can't pay a fair price for your car. They may increase their offer. Were you injured? If so, and if your injury was more than a mild back strain, then you should go talk to a local personal injury lawyer. Such initial consultations are usually free. See what he or she has to say. If you decide not to sue, you've lost nothing. Confirm when you make the appointment that there is no charge for it. This adjuster is trying to take advantage of you, and it makes me concerned that he may be doing worse to you on any injury claim you have. Get some skilled, experienced professional advice before you do anything. But you can settle your property damage claim without an attorney if you can get them up a bit in price. Do NOT sign any papers that release any claims other than the damage to your car.

Brian Dinday
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Matthew Eric Noyes

Matthew Eric Noyes

Contributor Level 3
Property damage is a gray area. The insurance company always under-evaulates the value of the car. It would be helpful if you provided receipt of recent purchases and services on the vehicle. Also, it would be good to get information on the true value of the car by researching similar cars for sale on the internet or local shops. Although they are not bound by this information, it often results in a re-evaluation of the value of your damaged vehicle. If your car is totalled, make sure they pay for loss of use, tax and title as well.
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Edgardo Rafael Baez

Edgardo Rafael Baez

Contributor Level 8
If you suffered an injury from the accident, I would contact an attorney ASAP, otherwise, good luck dealing with insurance companies. You have to remember that, the whole purpose in life is to make money to their share holders, not you. The less they pay you, the more they keep.
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Dennis Michael Phillips

Dennis Michael Phillips

Contributor Level 7
I am curious to know how you are feeling after a few months have passed since you were in a wreck with a semi. Even a low speed collision with a big vehicle like that can wreak havoc on the human body.

If you are suffering lingering symptoms and have not already hired an attorney, I suggest you visit my website for information about your rights in a personal injury claim. There are potentially several different insurance policies in play with a semi truck because there is one party that owns the truck, another that owns the trailer, another that owns the product on the trailer, another that booked the route for the truck, etc. Each may have its own liability coverage to pay your losses.

If you have any questions, you are invited to contact me directly at dphillips@inawreck.com or by calling toll free at 877-In-A-Wreck.
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