A car crashed into me. I need to know if my car is totaled. They want the rental back. and now I'm left with nothing. I have some minor injury but my main concern is my car. It's been 4 weeks ago
Your need to call an attorney set up an appointment for a fee consultation. The at fault parties insurance will likely send out an adjuster to do and assessment on the the damage to the vehicle. If the repairs will cost 75% of the value of the vehicle then the car will be totaled. If you disagree with the adjusters assessment you will need to make arrangements for your own mechanic to prepare a damage assessment and provide that the insurance company. You can determine the value of you vehicle by visiting Kelly blue book's and NADA's website. Enter in your vehicle's information and the sites will provide a good basis for determining the value of your car. The best advice I can give is to go and talk to an attorney. He or she will be able to give you a clear picture of what your rights are and how best to proceed to get you back on the road and protect your health in the future. If you have a minor injury now it can turn in to a major one later and if you settle your claims then you will be precluded from asking for anymore compensation in the future.
The attorneys in this forum will always try to give you the best information possible given the facts that are presented. However, probably 99% of the time, the main theme you will see in any answer is to obtain whatever medical treatment you need for your injuries and then to consult with an attorney, as there is no possible way that any attorney in this forum, based on the limited amount of facts that can be given, can address the issues in full. This is not because attorneys are just trying to get your business but because we know that insurance companies don’t always treat unrepresented claimants fairly.
I’m not saying that all insurance companies are going to try to cheat you by any means, however. I handled lawsuits as an insurance adjuster for thirty-three (33) years for three (3) of the larger insurance companies in the U.S. Those companies always attempted the best they could to be fair and came up with a fair and reasonable settlement range for injury cases most of the time.
However, what you have to understand is that even the most reasonable insurance carriers are going to offer you the lower end of what they consider a reasonable settlement range and try to get you to take it. All insurance companies are in the business of making money and saving on costs and are not in the business of spending money like a drunken sailor. The less than reasonable insurance companies will not be as kind as some of the larger companies out there. Don’t try to handle your case on your own. Don’t try to deal with the insurance company yourself. That's like a two-year-old stepping into the octagon to face an MMA champion.
Your best bet to obtain the maximum settlement amount in this case is to ensure you have completed the necessary medical treatment and consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverage available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Agree with the previous posts. Note also that the insurance company is likely authorized to discontinue providing a rental once the vehicle is determined to be a total loss. You may want to claim any additional rental under your own auto insurance if you have coverage.
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