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I was t boned at an intersection and I was not at fault, costs to repair are more then the book cost... what happens ?

Hollister, CA |

Car is currently worth 5000 clean title and the repair costs exceed it by a grand will the insurance company pay for the salvage title , the client has full coverage by nationwide

Attorney Answers 10


  1. You'll get fair market value, as it's less than cost to repair.


  2. Go to see a doctor and hire a personal injury attorney. An attorney will be able to help you maximize your recovery across the board and will likely get you reimbursement for things you don't even think about. Don't give a statement to the other carrier. Obviously don't say your primary concern is propery damage (duh shoot yourself in the foot!) obviously you are feeling outgunned by the insurance adjuster. Time to hire your own attorney to help you fight and maximize your ultimate recovery.


  3. You are entitled to the fair market value.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


  4. They will offer what they think is fair market value, and you can try to show the fmv is greater if you think it is. They then pay you, and you sign it over to them. They will sell it for salvage. If you wish to keep the salvage, they will subtract the salvage value from their payment to you and you can retain the vehicle. Not always a smart thing to do, as you will have to meet dmv reqts to get car registered and it will now have a salvaged title.


  5. If the vehicle is totaled, you are entitled to the fair market value of your vehicle. You can dispute the insurance company's valuation of your vehicle with comparable sales of similar vehicles.


  6. If the car is "worth $5000" you should be paid $5,000. Make sure also to get payment for loss of use of the vehicle. You are entitled to payment for a replacement car during the period that it takes to replace the existing vehicle. The insurance company will offer a low daily rental rate for a limited time, and you should be sure to ask for more, because they will always low ball you.

    In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice for your specific situation, and you should use the information provided solely for the purpose of choosing an experienced attorney for the problems presented.


  7. I agree with Mr. Kopleson- he answered this question well.


  8. You can keep and try to repair it with cheaper parts or you can turn it in and get the $5,000 that you claim its worth but becareful they might try to low blow you.

    I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. Your gut instinct is right that you have questions regarding your rights and your case. I've handled a good amount of accident cases and know that insurance companies give cases like yours a hard time even if the police report finds the other person at fault. You should hire an attorney now before you hurt your case (happens unfortunately very often). You should hire a lawyer to help you out with the claim because regardless of the outcome of the police report insurance companies give unrepresented people a tough time. I've handled cases and referred clients to great doctors in the Hollister, CA area.

    At our firm we always refer clients to all kinds of doctors and chiropractors when our clients are injured and our clients never pay anything upfront, not even a copay. The doctors are willing to do this because an attorney is on board. You are entitled to have your property damage, medical bills and future medical expenses PAID FOR BY THE OTHER PARTY'S INSURANCE (or your uninsured motorist policy). The attorney you hire will handle the claims process from start to finish.

    But you are going to need to see a specliast to even get a shot at getting future medical treatment from the Defendant. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.

    Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.

    With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the Hollister, CA area.

    Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  9. You may find it helpful to review the Legal Guide I have published on Avvo.com which deals with property damage issues, particularly damage to automobiles. You can access the Guide through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  10. Negotiate for higher FMV.

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