my still owed on car is totaled, of not fault of mine. My insurance paid the balance off. But I am without a car, have been im seeing a chiropractor for muscle spasms, and aches for a few days now. I dont want to see one longer than I have to though. I have an attorney, getting frustrated, because I feel as though my car should be replaced, or me given fair value for it at least, as well as pain suffering, etc. This is my first accident, I just want to make sure im doing the right thing. HELP!!!! Official police report states other driver is at fault. I just want it to be all done with all ready.. arggggg....I surely don't want to be part of me being the big loser because of something that wasnt even my fault. My auto insurance includes $1,000 medical claim allowance. Im so stressedhave missed several days of work all ready, the chiropractor can write me excuses to miss work up to 2 weeks. the insurance used the NADA value of the car and that paid off the balance, and a little left over for me, but Ihave not accepted or signed anything. the issue now is the rest like having no car, healing, lost wages, etc
Sorry for your angst... there are 2 issues.
First, regarding property damage, many times an accident victim ends up owning on their car even after getting the insurance settlement. This is because the law says that they only have to pay you fair market value of the car and often people who have borrowed money to buy the car still owe more. Not a whole lot you can do about that.
Regarding the personal injury claim, just make sure your lawyer knows your wishes. Your lawyer can't control what the insurance company will do in terms of making an offer (or when) ... best practices is to not settle until you are fully healed. If you are fully healed you can tell you lawyer you want to settle quickly, although you will probably get less money than if you are patient.
I understand your frustration.
Since you have an attorney you should ask him/her all of these same questions so that they are aware of your concerns.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
I agree with the other responses. As for the property damage, you are not entitled to a replacement under the law and your situation, while unfortunate, is not unique. The law is clear that you are entitled to the fair market value of the totaled vehicle, not the cost of replacement. It sounds from what you describe you got the fair market value of the totaled vehicle, but because you had a loan on the car the lender is entitled to those funds due to their security interest in the collateral (your car). As for the bodily injury claim, you really need to address your concerns with your current attorney. I can tell you from handling countless of these types of claims that it is not at all a quick process usually, and a large part of the time period up front depends on how long you treat for your injuries. It is also important that you follow your doctors directions with regards to treatment, non-compliance and gaps in time without treatment can have negative repercussions for your claim.
This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.
It sounds like this incident occurred within the past few months. I would urge you to be patient and follow the recommendations of your attorney.
Usually by insurance regulatory rules, insurance carriers are urged to settle the property damage issues quickly and not tie them to your personal injury claim resolution. I suggest that you meet with your attorney and have all of your concerns addressed by him or her.
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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 ensure proper advice is received.
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