My car was recently hit and will probably be considered a total loss. What if they don't give me the worth of the car?

I suggest you review the Legal Guides I have published on Avvo.com, one of which deals with the issue of auto property damages .



Legal Disclaimer:

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 insure proper advice is received.

As the property owner you can recover the cost of the replacement, repair, or restoration of the damaged property. The insurance company will want to pay you the least of the three aforementioned amounts. Because of the age of your vehicle, you may be close to a total loss (if the restoration cost exceeds the fair market value of the car) in which case the damages are limited to the fair market value of your vehicle. You are entitled to the loss of your ability to use your damaged vehicle . The cost to rent a substitute vehicle is often the measure of the loss of use of the vehicle. You are entitled to the value of the loss of use of a comparable vehicle, so, if your vehicle is a SUV you are entitled to the fair value of the loss of use of a SUV, not a subcompact car which they WIL try to put you in.

Because this accident was not your fault, the at-fault driver's insurance company should pay (although you could go through your own). Because you are not the policy holder, you do not have to comply with that policies conditions nor do you have to comply with the insurance companies "policies" or standard practices. Your rights as the victim trump the insurance companies "policy" of trying to squeeze you out of any dime they can.

I would get an estimate from a repair shop you trust. Find out how long it will take to repair. Send the insurance company a letter with the estimate you obtained and ask that they submit payment to you in 30 days. Also request money to pay for a rental car (similar to your vehicle) for the time your SUV is in the shop being repaired. If they do not pay you within this time frame I would strongly consider filing suit and or a notice with the Florida Department of Financial Services for claims mishandling.