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Car replacement for totaled car

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mwhcrew

Junior Member
What is the name of your state? Florida, accident was in Georgia

My uncle was driving my mother's car when someone ran a stop sign and hit him. The insurance company has said the car is totaled, and will likely give my mother blue book value. The issue is that blue book value doesn't really cover the costs to get a new car. I've been told that the difference in costs would be covered in any settlement that my uncle gets, is that true? I'm also wondering if anyone knows about how much he should ask for in the settlement for pain, suffering, etc., the things that are not quantifiable. Looks like he'll have to miss work for at least a week and a half (he has broken his pelvis, ribs, and clavicle).

Thank you.
 


moburkes

Senior Member
Your mother's insurance policy is in GA or FL?
The at fault driver is from GA?

We cannot tell you about pain and suffering except that, without permanent damages, the $ amount will be minimal.
 

mwhcrew

Junior Member
Your mother's insurance policy is in GA or FL?
The at fault driver is from GA?

We cannot tell you about pain and suffering except that, without permanent damages, the $ amount will be minimal.
My mother's insurance is in FL, the driver is from GA, where the accident occured.

What is minimal though? No one in my family has ever been in this situation, so we have no frame of reference. Is minimal $1K, $5K, $500? Just a ballpark is what we're looking for. Thanks!
 

ecmst12

Senior Member
Those injuries sound pretty significant and will probably have SOME permanent residuals (depending on her age and general condition), he should contact a lawyer if he plans to pursue a pain and suffering claim. However any money he gets from that will be HIS, not your mothers, and has nothing to do with your mom's cost to get a new car. Besides the fact that a personal injury claim will likely take close to 2 years to settle (possibly even longer). Your mother is entitled to actual cash value of her car just prior to the accident, no more. She should NOT have to have her deductible taken out of this money as the accident was the other guy's fault. But unfortunately there is no way for her to recover any extra costs to replace her car.
 
I

ISUE4YOU2

Guest
What is the name of your state? Florida, accident was in Georgia

My uncle was driving my mother's car when someone ran a stop sign and hit him. The insurance company has said the car is totaled, and will likely give my mother blue book value. The issue is that blue book value doesn't really cover the costs to get a new car. I've been told that the difference in costs would be covered in any settlement that my uncle gets, is that true? I'm also wondering if anyone knows about how much he should ask for in the settlement for pain, suffering, etc., the things that are not quantifiable. Looks like he'll have to miss work for at least a week and a half (he has broken his pelvis, ribs, and clavicle).

Thank you.
Your mother is entitled to the actual cash value of her vehicle, which is determined not through guide books but, rather, a market survey of what it was worth at the time of the accident. Your uncle is entitled to damages for his injuries, exactly how much is too early to quantify. I would suggest your uncle determine from the other insurance company the amount of bodily injury liability coverage there is, and also from your mom's insurance company how much medical expense and uninsured motorist bodily injury coverage there is.
 

moburkes

Senior Member
Since the driver's policy is a FL PIP policy, the medical bills, up to $10k will be paid by mom's insurance company.

Also, I apologize. I didn't clearly read the post. All I saw was the part about 1 1/2 weeks off from work, and didn't read further about the broken bones, etc.
 

mwhcrew

Junior Member
Great. Thank you everyone. Just two more questions. My mother and uncle both live in florida, but the accident was in georgia. Should he get an attorney in georgia or in florida? And we got a quote from the insurance company today, which seemed a bit low, though they did say they got it by comparing what the car was worth before the accident. If we think this is low, can we say to the insurance company that we think it is low and ask them to counter with a higher offer? At what point would we need an attorney (as opposed to my uncle who would need an attorney for the personal injury claim)?

Thanks so much, your help has been great in figuring all this out.
 

moburkes

Senior Member
You'll need to search around for price quotes for similar vehicles. Present them to the adjuster. Generally, the negotiating power is not in the property damage portion of the claim, but in the personal injury portion. You probably need a GA atty.
 
I

ISUE4YOU2

Guest
Great. Thank you everyone. Just two more questions. My mother and uncle both live in florida, but the accident was in georgia. Should he get an attorney in georgia or in florida? And we got a quote from the insurance company today, which seemed a bit low, though they did say they got it by comparing what the car was worth before the accident. If we think this is low, can we say to the insurance company that we think it is low and ask them to counter with a higher offer? At what point would we need an attorney (as opposed to my uncle who would need an attorney for the personal injury claim)?

Thanks so much, your help has been great in figuring all this out.
You would be better off with an attorney in the county where the accident occurred; if it needs to be litigated, the attorney will be more familiar with the venue and be making appearances.

Ask the insurance company to provide you with the written valuation of your vehicle, documenting its offer. You should be provided with proof of other similar vehicles offered for sale and/or sold on the date of your loss. You can also find similar vehicles offered for sale and/or sold on the date of your loss and provide that to the insurance company.
 

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