AFTER ACCIDENT, MY INSURANCE DECLARED CAR “TOTAL LOSS”, DOUBT THEY WILL PAY TOTAL COST, SHOULD I GET A LAWYER?

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13 Comments

  1. 0976
    Posted September 8, 2010 at 9:00 am | Permalink

    They will pay you what the book value is, not what it’s worth.

    I don’t think you can really do anything about it.

  2. cameron greene
    Posted September 8, 2010 at 9:41 am | Permalink

    at least call a lawyer if you think you are not being treated fairly

  3. Jake
    Posted September 8, 2010 at 9:49 am | Permalink

    No, they will pay you blue book value, if you had a $1000 stereo system in a $500 car, they will give you $500. You can buy the car back from them if you think it’s worth more and fix it or sell it.

  4. Mike R
    Posted September 8, 2010 at 10:13 am | Permalink

    Lawyer will probably cost you way more than you would ever gain. If it is a total loss the car may not be something you would even want after ‘repair’ anyhow. Move on.

  5. DefiantRican
    Posted September 8, 2010 at 10:33 am | Permalink

    Most of the time what will happen is that your insurance company will give you market value for the vehicle at the time of total loss. An attorney might help and I stress might help, but there really will not be much that they can do because if your policy states that they will cover only fair market value, there is nothing that can be done. Next time what you do is make sure that your insurance company has loan/lease payoff. Then no matter what you owe on the vehicle, it gets paid off in an event of a total loss.

  6. l
    Posted September 8, 2010 at 11:30 am | Permalink

    They will probably to a MARKET SURVEY and find a fewcomparable vehicles to yours..Make sure they have the same equiptment …If the offer is bad then get an attorney..

  7. Bogart
    Posted September 8, 2010 at 11:35 am | Permalink

    They won’t pay total cost– they’ll pay a percentage of the car’s market value at best.

    You can get an independent bid/estimate, but getting a lawyer isn’t going to do much besides delay your claim.

  8. nobody
    Posted September 8, 2010 at 12:09 pm | Permalink

    The earlier answers about “book value” are incorrect. Most states now require your settlement to be based on market value. This will be arrived at by finding comparable vehicles in your area. You should be looking around for similar vehicles to arrive at your own price and support your value. The settlement is negotiable, but you have to back up your figures. A lawyer will most likely not be interested in arguing the value of your car. He/she is only interested in the percentage of your settlement that an injury claim can generate for him/her. They could care less about the injured person. They want their contingency fee, that’s all.

  9. Fred C
    Posted September 8, 2010 at 12:15 pm | Permalink

    Are you thinking the lawyer will get them to pay the total amount it would take to repair the car? If a $10,000 value car has damage that would take $15,000 to repair, you won’t get $15,000, you will get $10,000, minus deductible depending on the circumstances of the accident.

  10. AUTO SPECIALIST
    Posted September 8, 2010 at 12:52 pm | Permalink

    A LAWYER WONT MAKE A DIFFERENCE YOUR POLICY STATES THAT WHOLESALE VALUE WILL BE PAID MINUS DEDUCTIBLE DEPENDING ON CURRENT CONDITION AND MILEAGE OF YOUR VEHICLE AND IT WONT MAKE A DIFFERENCE IF YOU ARGUE OTHERWISE EVERYONE WOULD. PEOPLE SHOULD READ THEIR POLICY BEFORE THEY AGREE TO IT NOT JUST TRUST THEIR AGENT. SOME INSURANCE WILL EVEN DEDUCT IF PAINT TIRES ARE WORN AND ANY PREXISTING DAMAGE WILL ALSO BE DEDUCTED FROM VALUE. SOME INSURANCE POLICIES WILL REPLACE YOUR VEHICLE WITH ANOTHER ONE ALIKE.

  11. namrepus
    Posted September 8, 2010 at 1:09 pm | Permalink

    They will pay for you that but not the exact price of your car, you dont need a lawyer as long as your car insurance will comply their obligation to your car. For further clarification about this problem try to consult or go back to your car insurance policy. or maybe search it on the net, try to visit this site http://www.nightbirdssolutions.com compare with other car insurance company if they are allowing this kind of services so that you can make some moves if you find some irregularities on your car insurance provider right now.

  12. Barry auh2o
    Posted September 8, 2010 at 1:48 pm | Permalink

    If you want to pay a lawyer $ 100.00 to tell you what the ins co will tell you for free, then go ahead.

  13. Nick W
    Posted September 8, 2010 at 1:59 pm | Permalink

    Dear friend,
    I would suggest you to take advice from a good lawyer. I was also in an almost same situation as you are in. I got my problem solved with the help of usalegalcare.com. They offer good legal services.
    Just go to http://usalegalcare.com/traffic_ticket.htm , fill their easy form and they will contact you very soon.

    Good luck