Asleep at the wheel....

[Triggerfish]

What is the name of your state? What is the name of your state? I live in Pennsylvania, and I was involved in a car accident this past Saturday. The driver of the other vehicle fell asleep at the wheel and crossed into my lane, hitting me head on. Both of our cars were totaled in the collision. Luckily, neither of us were seriously injured. I do have some bruises, abrasions, and I'm generally sore all over. I did go to the Emergency Room, and x-rays were negative for fractures. The issue of my problem is that last year when I found myself in a financial bind, I borrowed additional money against the value of my car and had it added to my loan. I'm guess that the settlement I will be offered will be just enough to cover the remainder of my car loan, and I will have little or nothing left for even a downpayment on another vehicle. I am outraged that I will be financially strapped due to this driver's negligence! She was issued a fine for Wreckless Driving at the scene of the accident. There were several witnesses, inluding one gentleman that turned around and attempted to follow her after she crossed into his lane, forcing him to swerve into oncoming traffic to avoid her. He said that he car went up on a bank and that she just got back on the road and continued down the road, where she then struck me. Is there anything I can do to ensure that I get a fair settlement to cover my existing loan and give me a little money for at least a downpayment on a new vehicle. I did speak with two lawyers, but I think that they probably don't want anything to do with the case, merely because I wasn't injured, therefore no money in it for THEM. Any advice would be GREATLY appreciated. Thanks so much!

 

[Ramoth]

First, it's RECKLESS driving. If it was wreckless you wouldn't have this problem.

Since your insurance was liability only, the only thing you can do is to contact the other driver's insurance company and try to negotiate for a higher settlement. I did this successfully when my car was totaled, but then I had just put $1000 into the car.


Basically, however, the insurance company is only required to give you the value of the vehicle. Next time you may want to spend the extra money for comprehensive insurance.

 

[Triggerfish]

I never said that I had liability insurance. I do have comprehensive insurance. Thanks for the reply anyway though.

 

[JETX]

Bottom line..... the insurance company is only required to give you 'fair market value' (FMV) for your car, based on its condition immediately prior to the accident. They are not obligated to pay off the original loan, or a supplemental loan that you might have gotten using the vehicles equity as security.
If you feel the FMV is not sufficient, then you will need to find prices of comparable cars and submit them to the insurance company for consideration.... though they are not obligated to pay more.
Finally, if you still disagree, you can certainly decline their offer and pursue a claim through the courts.

 

[ceebee4948]

JETX is correct.

1. Collision insurance on your policy is what would cover you for the damages to repair your vehicle under your own policy in this accident.

2. You may make a claim through the other driver's insurance company. However, if you have the coverage (collision) and a deductible that isn't too high. You may have better luck negotiating your claim for the value of your car with your insurance company than the other driver's. Reason -- because you are their policy holder and have more leverage to negotiate. Insurance companies do not want to lose policy holders -- and they do not want bad faith claims, if this applies in your state.

3. If you choose to go through the other persons insurance. Start getting your dick in a row now. Have information ready to prove the value of your car. Most insurance companies use CCC print out to determine the value of your vehicle. You are entitled to see a copy of it, review it carefully. Small mistakes ( ie the condition of your car) can make a big difference. You can negotiate these items.

good luck

 

[lbryson]

asleep at the wheel

in march 2003 i was hit head on from a person that crossed over the yellow line. she was cited. because no lawer wanted to take the case because there was little damage to my person. I went to nolo.com and got a book on how to handle your own case. idid what the book said to do and my insurance paid for my medical er sevice ect. and then paid for my car. her insurance settle for her full amount 50,000. just follow the book and you will be alright.
larry

 

[Triggerfish]

Thanks for the reply IBryson! Did you settle your case in Small Claims Court? Also, which book from Nolo.com did you use to prepare yourself?? I still haven't been offered a settlement yet, but I think I'll order the book anyway and look it over. How much did you receive after your case?? I just want enough to pay off the existing loan on my now-totalled vehicle, and have some money left over for a down payment on another vehicle. Thanks again for your response. Any additional info you could provide would be greatly appreciated.

 

[lbryson]

Asleep at wheel

Sorry i didn't get back to you earlier. I settled with the insurance ajuster . I did not have to go to court with her insurance co. The book is How to win your personal injury claim by Joseph l. Mathews. Nolo. com

 

[JETX]

at:
http://www.nolo.com/lawstore/products/product.cfm/ObjectID/DA77A617-5E9E-42F3-8E17385C77C8AB8E