I was involve in auto accident got myself a lawyer for my injuries do tthey also take care of your car you know for the .

for the insurance to pay,she was cited caused the other driver was at fault.Her insurance supposed to pay my car it was totaled,can I negotiate a price with them about my car if they do not want to pay me a resonable price also her insurance wont accept liability yet can my lawyer fight the and make them pay my vehicle it clearly states in police report she was at fault,but now the other driver is sayin otherwise to her company.State trooper tells me not to worry the I was obeying the traffic law,she was at fault and caused the accident and damages to my car and caused medical damages to me.please any advice very frustrated and stressful situation.How can I prove she was at fault if she wont accept it and get a fair price for my car the was in good clean conditions before she totaled it.

Cape Coral, FL -

Attorney Answers (8)

Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

Only a lazy lawyer will tell you that he doesn't handle the property damage component. If he won't, find a lawyer who will.

David B Pittman

David B Pittman

Car / Auto Accident Lawyer - Fort Myers, FL
Answered

Most law firms should help you with the property damage claim for free. Our firm does.

Clifford M. Miller

Clifford M. Miller

Car / Auto Accident Lawyer - Vero Beach, FL
Answered

Usually, the lawyer doing the personal injury aspect will handle the property damages also. If suit is filed the two claims must be joined.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
Jeffrey Robert Davis

Jeffrey Robert Davis

Car / Auto Accident Lawyer - Miami, FL
Answered

At my firm, we handle the vehicle damage claim at no charge, as part of the injury representation.

Don Paul Harvey

Don Paul Harvey

Personal Injury Lawyer - Maitland, FL
Answered

Most personal injury lawyers, like myself, understand that property damage is a necessary by-product of handling bodily injury claims. If my client's need assistance, I gladly assist them to that end. It is usually over relatively quickly in comparison to your personal injury case. However, I know other lawyers refuse to assist on property damage claims. Why? I don't know but I have certainly picked up some files as a result.

Anthony Michael Soto

Anthony Michael Soto

Car / Auto Accident Lawyer - Tallahassee, FL
Answered

First, you have done the right thing by retaining counsel. These matters can be very precise, and required a experienced personal injury attorney to work through each legal issue. First, Property damage is usually handled by most attorney's that are simultaneously handling your personal injury claim. In your description of the case, it is unusual for an insurance company to pay on the property damage side of a case, while also denying liability. An Insurance company will most always pay at the same percentage that they believe their insured was liable for the accident. Now, if the 3rd parties insurance accepts full liability, it is very difficult to negotiate the value of your care. Usually insurance companies will go off the fair market value of the car in that specific region. Note, the insurance company is not using Blue-Book or Black Book value of your vehicle. Now, if you don't agree with their evaluation of the car, you could have the option of taking them to arbitration, but this can be very time consuming and probably not worth the time or effort. As to your personal injury claim, if an insurance company denies liability, your attorney has very limited options and most likely would be forced to file suit. The trial process would then leave it to the hands of a jury to assign liability. This could open the insurance company up to a bad-faith claim, which would require a separate law suit. I would highly advise you speak to your attorney and ask him his plan. As you can see from the responses from all these fine attorney on Avvo, you have a multitude of legal issues that need to be addressed by a competent aggressive attorney. Good luck.

This answer does not establish an attorney-client privileged. This answer is purely informative.
M. Todd Miller

M. Todd Miller

Car / Auto Accident Lawyer - Jefferson City, MO
Answered

Most reputable attorneys will resolve your personal property claim as part of the personal injury matter.

M. Todd Miller
Law Office of Todd Miller, LLC
1305 Southwest Blvd., Ste. A
Jefferson City, Missouri 65109
Web: www.toddmillerlaw.com
Phone: (573) 634-2838
Fax: (573) 634-7642
Email: info@toddmillerlaw.com

"Personal attention - Professional Results"
* This post and all others made on the internet are for informational purposes only. Nothing posted should be considered legal advice nor should any comments, answers, or other communications be suggested or assumed to create or constitute an attorney-client relationship. Accuracy of this information is sought but not guaranteed.
** the Law Office of Todd Miller, LLC is a general practice law firm.

NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more
Stacy E Pepper

Stacy E Pepper

Personal Injury Lawyer - Ridgeland, MS
Answered

You need to have a meeting with your current attorney you have. You need to express to him/her how you feel about the situation. It may be just a misunderstanding, but you always have the option of hiring a different attorney if you are dissatisfied. In any event, you should talk to your current attorney first, because he/she may be actively working on your property damage side of the case and just did a poor job of communicating to you what is going on in the back ground.

Sorry you are stressed out, as a car wreck is never a pleasant deal. Best Wishes.

Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more

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