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parked car / now no car

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tazbraz

Guest
colorado; my car was parked in front of my home when a young man driving his parents mini van hit it, pushed it to the neighbors, then across the street into another parked truck. I HAD a small car, now I have a pile of junk that can't even start. I have tried very hard to work with the insurance company. I have sent them blue book value quotes, as well as nada & comprable cars from the papers. The problem is, the insurance company is not working with me. they want to give me less then $2000.00 for the car & there is no way to replace it for that. kbb stated that the car was worth $2230.00 and nada states $2000.00 The problem is, the car was fully loaded, with things that kbb & nada do not ask for, therefor, I feel that the car was worth more then what they are saying, but even so, the insurance company will not budge.
I got very lucky & found a car just like it & was able to talk the sellers down to $2400.00 (this was LUCk, they go in the papers for $3000.00 plus!!!) But I am still not taken care of by the insurance company. I have talked to one of the parents of the young man & my insurance agent. My agent states that I need to sue the young mans parents to get the rest of the $$ for the car. The parent of the young man states that he will talk to the insurance company & try to get them to pay for the replacement car, but if they won't, I don't want to sue the family. They have a few children & I really don't want to take food off there table, but why should I sufer when my car was just sitting there parked. Does anyone see any other recourse? The family stated that they would like to just get me a check to cover the diffrence, but they have no $$ to do this. On the same note, I had to take a loan from my bank so I could pay for the replacement car. I have interest to pay on the loan tell it is paid off. as well as I still have to pay for emisions testing, registeration & tags.
When a insurance company states that they get you back to the way you were before the claim, what does that really mean???? how long does it take before the insurance company writes the check? it has been 2 1/2 weeks already, they put me in a renal that I stated I did not want that make of car, as well as my spouse can't fit in the car.
Please help!!
 


racer72

Senior Member
The insurance company is only required to pay a fair market value, not the replacement value. Your own comprehensive insurance should cover other the other items that made your car worth more than the market value such as custom wheels or stereo systems. If your insurance won't pay, you should be allowed to remove any such items from the vehicle before you release it to the insurance company.
 
J

Janrm

Guest
What does your lawyer say? If you do not have one you can call Montlick Attorneys for a free phone consultation. They are listed on the web. It would be worth a $50 consultation fee with an attorney in your area just to get the facts on what your rights are in this case. Don't give up or give in to the ins. so.! If you take them to court they will have to pay you the $2,000 and attorney and court costs. They would be wise to settle with you for a little more. Maybe you should point that out to them. Best Wishes.
 

LegalBeagle

Senior Member
Janrm said:
What does your lawyer say? If you do not have one you can call Montlick Attorneys for a free phone consultation. They are listed on the web. It would be worth a $50 consultation fee with an attorney in your area just to get the facts on what your rights are in this case. Don't give up or give in to the ins. so.! If you take them to court they will have to pay you the $2,000 and attorney and court costs. They would be wise to settle with you for a little more. Maybe you should point that out to them. Best Wishes.
Sue them for $400? There is no guarantee win here. Also there is no way to be sure they will end up paying his attorney bills. Also, you would be lucky to find an attorney who will take the case, there is no money here. An insurance company is not going to role over and beg for mercy just because this person files.
 
T

tazbraz

Guest
UPDATE

UPDATE; I still have not recived anything from the insurance co. it has been 3 weeks. the replacment car, tags, reg, emisions, cost me a total of $2700.00 The insurance co. had me take the rental back because I have a car now, they stated that they are sending a check for $1700.00. the parents of the child has not returned any of my calls. I feel that I have no other alternative then to write a letter to the parents, cert mail, explaining my costs, asking to work this matter out, give them a date to reply by, if no reply, take them to small claims for the whole cost. I don't want anything but to be where I was before this happend!!
 
J

Janrm

Guest
Your last sentence was my sentiments exactly. And, I finalized with the ins. co. and was compensated accordingly.
Maybe you need to do what I did.....climb the ladder of authority at the ins. co. until you find the right person. I believe they are responsible, not the parents. You have more of a chance getting your money by going to the boss of the ins. adj. His boss has the authority to override his decision! It worked for me.
 
T

tazbraz

Guest
janrm.......I tried that, they were not interested in anything I had to say. I have spoken to Tom Martino's office, they have called the insurance co themselves. Lets see what happends from there. To date, I still have not recived ANYTHING from the ins co.
 

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