Home     Law Advice     Insurance Advice     Community    
Auto Accidents and Vehicle Claims : Visit FreeAdvice.com for useful articles and FAQs on Bike Accidents, Bus Accidents, Car Accidents, Motorcycle Accidents, Truck Accidents, etc. Visit AttorneyPages.com to find an experienced Car Accident Lawyer.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims




Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-06-2001, 12:18 PM
barbarabandyszewski
Guest
 
Posts: n/a
Last March I was in a car accident in Nevada (not my fault). I have gone through a lawyer which I have fired but since the insurance company made a settlement offer he is due his percentage and no other lawyer will touch this. My question .... a demand letter was sent out asking for $21thousand (I don't expect that much) and the insurance company came back with $11thousand. When everything is said and done and all is paid for I will come out owing money (they totaled my car, I got about $3thousand for it) I asked them point blank what formula they use to come up with this figure and they said they don't use one and really just danced around my question. Does Nevada have a formula they use for "reasonable compensation"? Also I was on half days from after the accident till June, which is when the Dr released me back to full time, the insurance agent questions the amount of time I was on 1/2 days even though I was at thearpy and/or the Dr almost every day (I have sent them copies of all the Dr & thearpy reports highlighting all problems I complained about during this time ). I explained to them that I am a reciptionist/office manager and I could not perform my job becasue of the pain in the neck (answering phones), back (sitting at a desk to do paper work) and wrists (typing) If they are questioning this what does it mean to me with regards to compensatioin? Can I do anything about it?
  #2  
Old 02-06-2001, 03:05 PM
Member
 
Join Date: Sep 2000
Location: Miami, Florida
Posts: 313
Send a message via AIM to Juan Rodriguez
There is no formula. Total losses are supposed to be based on the actual cash value (ACV) of the car at the moment just prior to the accident. They way it normaly works is that an appraiser goes out and looks at the damage and determins whether the car is repairable or is totaled. In most states a car is a total loss once the damages exceed 80% of the ACV (this is by statute). If the car is a total loss then the appraiser makes a determination as to the previous condition of the car to include high or low milage, options, etc. Based on the appraiser's notes the car is given a value based on the current blue book for the month of the accident. The blue book's "retail" figure is never considered. Without an attorney you are at a great disadvantage in negotiating with the adjuster. Each bodily injury case is valued indivdualy based on the doctor's evaluation and % of permanent injury.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:33 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.