Accident in VA

[grittar]

What is the name of your state? Virginia

My wife had an accident where the other driver ran a stop sign and cam across four lanes of traffic. He was sited for failing to yield. Our Durango was totalled, but my wife suffered only minor injuries. (air bag burn, whiplash) His insurance company will only pay us Blue Book, but since the truck was less than a year old we owe considerably more on top of the 8k we put down when we purchased it. I don't see why I should lose all that because of his negligence. Personal Injury attorney's say to call them if she turns out to be more badly injured. what options to I have?

 

[seniorjudge]

What is the name of your state? Virginia

My wife had an accident where the other driver ran a stop sign and cam across four lanes of traffic. He was sited for failing to yield. Our Durango was totalled, but my wife suffered only minor injuries. (air bag burn, whiplash) His insurance company will only pay us Blue Book, but since the truck was less than a year old we owe considerably more on top of the 8k we put down when we purchased it. I don't see why I should lose all that because of his negligence. Personal Injury attorney's say to call them if she turns out to be more badly injured. what options to I have?

You can sue the person who hit you, but just remember that the person is liable (on property damage) only for the amount what the property was worth when he destroyed it (which is, generally, Blue Book).

It is not the bad guy's fault that you had it encumbered for more than it is worth.

 

[grittar]

I understand what you are saying, but it also isn't my fault he ran a stop sign and plowed into my car.

"The law permits you to seek recovery after an accident to "make you whole again." The central concept is that you should be compensated in a manner that, as best as the law can arrange, places you back in the same position as you were before the accident."

I assume this falls under "as best as the law can arrange"?

 

[seniorjudge]

I understand what you are saying, but it also isn't my fault he ran a stop sign and plowed into my car.

"The law permits you to seek recovery after an accident to "make you whole again." The central concept is that you should be compensated in a manner that, as best as the law can arrange, places you back in the same position as you were before the accident."

I assume this falls under "as best as the law can arrange"?

"Making you whole again" means getting Blue Book value.

 

[grittar]

I am not trying to argue, but that in no way places me back where I was before the accident. I don't doubt that this is the case, but it is not right. As soon as you drive a car off the lot you are in it more than it is worth. Putting me back where I was would put my wife in her new Durango with a loan owing 32K.

 

[seniorjudge]

I am not trying to argue, but that in no way places me back where I was before the accident. I don't doubt that this is the case, but it is not right. As soon as you drive a car off the lot you are in it more than it is worth. Putting me back where I was would put my wife in her new Durango with a loan owing 32K.

As soon as you drive a car off the lot you are in it more than it is worth.

I agree and you are correct.


Putting me back where I was would put my wife in her new Durango....

I disagree and you are wrong. Your wife was not driving a new Durango at the time of the accident.

 

[grittar]

As soon as you drive a car off the lot you are in it more than it is worth.

I agree and you are correct.


Putting me back where I was would put my wife in her new Durango....

I disagree and you are wrong. Your wife was not driving a new Durango at the time of the accident.

You are correct that was my mistake. I Let's say in a 2005 Durango with 30k miles in perfect condition.

 

[teflon_jones]

Did you have gap insurance? If not, you're out of luck.

Oh, and you should be using the NADA guide, not the Blue Book. www.nada.com

 

[grittar]

I am not familiar with GAP insurance. thanx for the tips!

 

[grittar]

Followup

I found out that the driver in this accident was delivering for the local Chinese restaurant. Do I have any case going after them for the pain and suffering of not having a vehicle for 2 months because of their delivery driver?

 

[lwpat]

No. Check with your loan company. Many of them require gap insurance so you may be covered.