rear-ended, first accident, help

lizardbill · #1 01-26-2005, 02:32 PM

What is the name of your state? New York

I'm 18 years old, and drove a kind of beat up '94 ford aspire, and got rear-ended on the 15th by a 40-something guy driving a '98 saab 900 s-5. The blue book value of my car is over $900, which is enough for me to find another car that I can use to get to my classes and to my jobs.

The insurance adjuster (Allstate) offered me $500 for the car, and I told him to run his numbers again. He did and got the same amount (surprise surprise). $500 isn't enough for me to find another reliable car, how can I make him give me the blue book value of the car?

Heres some information that might help you all to help me...

I was stopped at an intersection, and the light turned green but the people in front of me didn't go, so I didn't go, but the man behind me did and he hit me, bending the frame, ruining the hatchback and i think damaging the gas tank. I had just put about 300 dollars into the car less than a week before to repair some damage caused by hitting a curb on christmas eve when the roads got real slick

My car has 118000 miles on it, newer brakes, well maintained, and very safe and reliable. The interior is worn, but has no cracks or anything, there were small holes in the cloth covering the seats. The exterior had a couple very small dings in it, and the paint was kind of buffed off on the sides (friends painted car with non-washable paint for graduation).

The damage quote on the car was over $2000, so of course the adjuster declared it totaled. This is my first accident, and I obvoiusly did file a claim, but the offer made on my car simply isn't acceptable. Any advice is appreciated, thanks so much in advance.

lwpat · #2 01-26-2005, 04:25 PM

If $500 is all they are offering you can either accept their offer or file suit in small claims. Adjusters know this and will usually undervalue a vehicle by just enough to not make it worth your while.

My advice would be to contact the local magistrate and file suit. Since they will have to provide an attorney to defend the adjuster will probably up the ante. I used this once and just faxed the adjuster the papers without filing. He called me back and settled.

lizardbill · #3 01-26-2005, 05:14 PM

How do I contact the magistrate? I live in the same town as the person who hit me, so if I just have to call the town court that would be pretty easy...

teflon_jones · #4 01-27-2005, 06:46 AM

Call town hall and tell them you want to file a case in small claims court. They'll direct you to the appropriate person/department. Once the other insurance company receives the notice of the case, they may offer you a couple of hundred dollars more to go away. I'd take it if they do, even if it's not the $900. It'll cost you more to go to court and fight them than it's worth.

lizardbill · #5 01-27-2005, 06:01 PM

Whats the range of fees i could expect from going to small claims court?

Lynx 36 · #6 01-28-2005, 09:47 AM

The insurance company is going to have all their documentation showing the reasons the valued your car. I've never, I repeat, never lost a case involving the totaling of a car. You are wasting your time here. Take the $500 f/ your hunk a junk and move on w/ your life. Otherwise you will lose in court. By the way be prepared to go against the adjustor, the atty, and any other official the insurance comapny will throw in your face.

Lynx 36 · #7 01-28-2005, 09:48 AM

The insurance company is going to have all their documentation showing the reasons they valued your car. I've never, I repeat, never lost a case involving the totaling of a car. You are wasting your time here. Take the $500 f/ your hunk a junk and move on w/ your life. Otherwise you will lose in court. By the way be prepared to go against the adjustor, the atty, and any other official the insurance company will throw at you to prove their case.

teflon_jones · #8 01-28-2005, 09:53 AM

Quote:

Originally Posted by lizardbill

Whats the range of fees i could expect from going to small claims court?

It'll probably cost you under $50 to file the case, but every town has their own fees. By the time you factor this cost in, plus your time and costs to get to the court, even if you win (unlikely) you're not going to end up with much more than the $500. I'd just take it and move on!