My sister was driving the car alone. Car is insured under both our names. She was driving down a two lane country road coming up to my mom's house, the house being on the right. She wanted to check the mailbox on the left of the road. She slowed down, turned on her blinker, we have two strong witnesses that were there and saw that. She turned to make the left onto the ditch to check the mailbox and the car that was driving behind her wanted to pass at the same time. Hit the front left side of the car. Totalled it. My fault insurance wise. I was still paying on that car. And insurance will barely pay it off, let alone any assistance in getting into a new vehicle. Please advice. Accident was on 12/11/14. So it's still less than 30 days ago, and our rental car from insurance goes out soon.
I'm not sure what your question is. You admit that it was your fault "insurance wise." It sounds as if your insurance is paying for the total loss and you are unhappy with the amount. That amount is based on the value of the vehicle. If you believe they are offering you an amount that is below the market value of the vehicle, then you can attempt to negotiate with them. If they are paying you the market rate, you don't have much recourse against the insurer as they are fulfilling their contractual liability to you.
I am not sure why you view this accident as your or her fault. As described it would appear the passing vehicle is at fault. You and she need to retain legal counsel immediately.
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If other driver passed her once she had stopped to turn, then that driver is at fault. Whoever is at fault all you get is the book value. She should contact an injury attorney as it sounds like the hit was on her side, and it was a bad hit. Members of the Fla Trial Lawyers give free consultations.
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