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rear end collision

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poohbear01

Guest
This occured in Rhode Island yesterday. I was stopped at a red light (in my fiance's car) when a car rear-ended me into another car. I don't think there was much damage to the car in front of me. My fiance's car looks to be possibly totaled. I went to the hospital with minor injuries.
My question. If my fiance's car ('90 Toyota-paid for) is totaled, will they total it for its current value? We will have to get a new car. If we just get current value, we lose out because we obviously have to replace it. Do we have any recourse to recover any more than the current value of a very reliable, 1990 Toyota with over 100,000 miles?

 


HomeGuru

Senior Member
It would depend on what type of collision coverage that the insurance covered. Most likely you will get the book value as if the car was sold used and you will not be getting a check to buy a brand new car.
 

I AM ALWAYS LIABLE

Senior Member
poohbear01 said:
This occured in Rhode Island yesterday. I was stopped at a red light (in my fiance's car) when a car rear-ended me into another car. I don't think there was much damage to the car in front of me. My fiance's car looks to be possibly totaled. I went to the hospital with minor injuries.
My question. If my fiance's car ('90 Toyota-paid for) is totaled, will they total it for its current value? We will have to get a new car. If we just get current value, we lose out because we obviously have to replace it. Do we have any recourse to recover any more than the current value of a very reliable, 1990 Toyota with over 100,000 miles?

My response:

The law only allows recovery of the "fair market value" of damaged personal property. The insurance adjuster will check to see what a 1990 Toyota sells for in your neck of the woods, and offer your boyfriend a comparable amount. It's as if your boyfriend wanted to sell his vehicle on the open market himself. However, your boyfriend can maximize his value by doing a little "Want Ad" research sleuthing and seeing what comparable vehicles are selling for. Keep those ads with the newspaper dates.

Now, as for yourself, you are probably starting to feel some pain today. I would strongly suggest that, if you haven't already done so, you and your boyfriend need to get to a Personal Injury attorney today. You're going to need to get therapy, and perhaps, chiropractic treatments, as soon as possible. An attorney can coordinate these efforts and get you into a doctor's office without money coming out of your pocket.

Seeing an attorney is also especially necessary because you were involved in a multiple vehicle accident. It's going to get very complicated for you if you don't have your own attorney on your side. This is because the driver that you rearended is not only going to claim against the driver behind you, but also he's going to make a claim against you too. You're going to need someone who's experienced who will coordinate these various problems along the way.

Remember, an insurance adjuster knows the laws. You and your boyfriend don't. So, don't talk to any adjusters, or anyone else (and don't give any oral or written statements) until you've secured an attorney for both you and your boyfriend.

Good luck to you.

IAAL
 

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