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05-14-2008, 07:36 AM
| | Junior Member | | Join Date: May 2008
Posts: 2
| | | Claim payment when not at fault
What is the name of your state? Texas
My son was in an accident and the other person was proven at fault. Their insurance company was going to pay for repairs to my son's car until it was discovered the repairs are more than the car is worth. Now they want to offer what they say the car is worth and total it. Do we have any other option? Why should my son be out a car when the accident was not his fault? The car is still very driveable so it would be a waste to total it but the amount they would give us to keep it would not pay for the repairs. This was not his fault so why should he be punished for it? |
05-14-2008, 07:48 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | Why should your son BENEFIT from someone else's mistake? He is only entitled to be made whole, as he was before the accident. That means they owe for the repairs OR the value of the car, whichever is less. |
05-14-2008, 08:03 AM
| | Junior Member | | Join Date: May 2008
Posts: 2
| | | I do not want him to benefit. I want him to be as he was before she ran a red light: having a decent vehicle to drive. If she would not have ran the red light he would have a vehicle that is in excellent condition. Now, through no fault of his own, he is out a vehicle. Why can't the vehicle be fixed as it was before her fault? Why should it be the lesser value? Fixing his car as it was before her error is not benefitting him. |
05-14-2008, 08:40 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | The at fault party is simply not responsible for more then the car is worth. And I doubt it was in "excellent condition" just because it ran. With the settlement they give him, he should be able to buy another car the same year/make/model/condition as he had before, or put a down payment on a nicer or newer car, or fix the old one up enough to drive it, or forget about driving and buy a bus pass. |
05-14-2008, 08:21 PM
| | Member | | Join Date: Mar 2008 Location: In California.
Posts: 146
| | Quote:
Originally Posted by ecmst12  The at fault party is simply not responsible for more then the car is worth. And I doubt it was in "excellent condition" just because it ran. With the settlement they give him, he should be able to buy another car the same year/make/model/condition as he had before, or put a down payment on a nicer or newer car, or fix the old one up enough to drive it, or forget about driving and buy a bus pass. | The insurance company does have that policy. They do what ever that saves them the most money as possible.
But heck, if the car still driveable, keep the money, and keep the car!
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