Unfortunately, a property damage only claim is not the type of claim a personal injury attorney will typically handle since the measure of damages is the cost of repairs/replacement. BY hiring an attorney you will either have to pay him/her out of pocket or pay out of your recovery which means your car won't be fixed. I find it a bot odd the trucking company's insurer isn't anxious to make this claim go away. Perhaps file a complaint with t he Dept of Insurance. Or, you could file suit in the Magistrate Court of the county the trucking company is located in. Would be easier to handle that way and as long as you have repair bills, the police report, etc., you stand a good chance of success on the mertis. Good luck.
The problem with property damage claims is that the cost of hiring a lawyer usually is more than the value of the claim. Have you turned the claim over to your own insurance carrier? That may be a good way to start.
Dear Atlanta - you are entitled to the repair costs for your vehicle, plus the expenses incurred, plus the diminished value of your car. Generally, the newer that your car is and the more it is worth, the more it is de-valued due to being wrecked and repaired. You can get your own insurance involved to get the repairs done, but you will either have to pursue the diminished value claim by your self, or get a lawyer. Good luck!
The problem is that you may need an attorney to get fully compensated for the damage, but an attorney will cost you some of the money you get. I suggest getting all of your documents together, including an estimate for diminished value, and sending a certified demand letter with the documents to the insurance company. State in the letter that, should they not pay what you are asking within 15 days, you will be forced to hire an attorney and will seek reimbursement for your attorney's fees. That way, if you have to hire an attorney, he or she can add their fees to the amount being sued for, and could even ask for additional damages for bad faith.
The above information is general in nature. In order to obtain more specific legal advice upon which to base your important decisions, you should consult with an attorney in person and retain one of your choosing. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP
I'm sorry to hear about your ordeal. Thankfully you were not injured. You are between a rock and a hard place here because hiring a lawyer for the property damage claim will cost you money (either up front or out of your recovery). If you are going to go at it on your own, remember to document everything. Good luck.
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