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Is there a way I can recieve legal counsel/advice for my "total loss" settlement claim? I was not injured, just have car damage.

Miami, FL |

I was in a car accident where a driver (not the vehicle owner) ran a red light and hit my car on my side in the intersection. I do not have collision in my insurance coverage, so I have to go through the vehicle's insurance. They deemed my car a total loss and has offered me an extremely low settlement. After researching on my own (book value and other similar cars) I have found my vehicle's value is much more than they are offering. I feel the insurance company is trying to take advantage of this situation since I was not injured and have no representation. I have some understanding of my rights, but I still would like a better understanding of what is fair for me to recieve. Is there a way to recieve advice without going to a personal injury lawyer? I just need help for fair settlement.

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Filed under: Arbitration
Attorney answers 4


You don't have to accept the insurance company's offer, you can demand what you think is a fair price. Remember that this is a negotiation. Confirm your counter-offer in writing. Documenting the value of the vehicle is the most important aspect of the negotiation. If the difference between what they are offering and what you think the car is worth is large, and the insurance company won't negotiate, consider consulting with an attorney and offer to pay for an hour of their time for their assistance.


Pay an attorney for an hour of advise. This is a best way to proceed


Ptresent a counter offer in writing showing the evidence you have of the increased value. Do not accept what they are offering. It can ultimately go to an arbitration or hearing but you have the right to dispute what they have said. If it doesn't get resolved you may need an attorneys help


If you were not injured, no personal injury attorney will be interested, so you cannot go to a PI attorney. Write a letter to the insurance company that states:

1. The Kelley Blue Book value of your car
2. What they have offered to pay you

State that you demand a market survey and that further delay will compel you to seek a bad faith claim. Cc your letter to the Florida Department of Insurance. This will get action.

Do remember that if the car is totaled, they get to keep the car unless you purchase it back for salvage. Good luck.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: