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Rearend Car Accident

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Felecia Bell

Guest
What is the name of your state? Maryland

I was rearended by a driver under the influence of Alcohol, and me and my passenger have sustain serious injuries. One of my concern is that my car is seriously damaged and not drivable. I don't want to get this car fixed because I am afraid that I will have numerous problems with it later on and that it will not be as it once was. Do I have the right to say to the at fault drivers insurance company that they need to replace this car. Because this car is a leased vehicle the value of it will be decreased dramitically when I go to return it or if I decide to keep it, is also another factor that makes me ask this questions. What are my rights concerning this matter?
IF after the body shop completes their internal examination of the vehicle they say it is fixable do I still have the right to say I want to be put into another vehicle of equal value or of my choice and the at fault insurance company pay off what is own on the damaged vehicle as well as put me in another vehicle.
 


JETX

Senior Member
"I don't want to get this car fixed because I am afraid that I will have numerous problems with it later on and that it will not be as it once was. Do I have the right to say to the at fault drivers insurance company that they need to replace this car."
*** No.

"Because this car is a leased vehicle the value of it will be decreased dramitically when I go to return it or if I decide to keep it, is also another factor that makes me ask this questions. What are my rights concerning this matter?"
*** You have a right to be made 'whole'. Simply, that means back to the condition you were in immediately prior to the accident. And that does not mean getting a 'new' car.

"IF after the body shop completes their internal examination of the vehicle they say it is fixable do I still have the right to say I want to be put into another vehicle of equal value or of my choice and the at fault insurance company pay off what is own on the damaged vehicle as well as put me in another vehicle."
*** Again, no. Actually, double-no. Even if you were able to get them to 'total' the car, you would only get the fair market value of the car.... and not both a payoff AND another vehicle.
 
F

Felecia Bell

Guest
Rear Ended Accident

If the vehicle is deemed to be totaled. How would I be returned to my oringal state?

The fair market value according to Kelly Blue Book on my vehicle is $15,735 but there is about $20,225 to pay off the lease. Would I be responsible for the remaining balance of $4,490?

If so, this does not return me to my orginal state but it leaves me with a debt for a vehicle that is not operational as well as with no vehicle. What are my options here?


By law is the at fault parties insurance company only required to authorize the repair shop of my choice to start work on external damages only?


What are my options if the at fault insurance company refuses to authorize a mechanic checkout to determine if there are any internal damages as a result of the accident?
 

JETX

Senior Member
"If the vehicle is deemed to be totaled. How would I be returned to my oringal state?"
*** By 'purchasing' your vehicle from you for the fair market value.

"The fair market value according to Kelly Blue Book on my vehicle is $15,735 but there is about $20,225 to pay off the lease. Would I be responsible for the remaining balance of $4,490?"
*** That would depend on your leasing terms, but probably yes.

"If so, this does not return me to my orginal state but it leaves me with a debt for a vehicle that is not operational as well as with no vehicle. What are my options here?"
*** Your options are to accept their offer, try to negotiate a better offer, and failing both of those, you can file a lawsuit against the at-fault driver.

"By law is the at fault parties insurance company only required to authorize the repair shop of my choice to start work on external damages only?"
*** No, I would assume that they would also repair any internal damage to the vehicle.

"What are my options if the at fault insurance company refuses to authorize a mechanic checkout to determine if there are any internal damages as a result of the accident?"
*** Assuming the vehicle is not totaled, the bodyshop would contact the insurance company and get a 'supplemental claim' approved.
 
O

overama

Guest
Well....

The fair market value according to Kelly Blue Book on my vehicle is $15,735 but there is about $20,225 to pay off the lease. Would I be responsible for the remaining balance of $4,490?

Yeah , you would be. The insurance deals with the CAR, not how you financed it.
 
F

Felecia Bell

Guest
Rear Ended

Again I ask how is this returning me to my orginal state before the accident?

Will I have to sue the at fault drive and not his insurance company?

The way I see it in order for me to be returned to my orignal state before the accident. I would have to sue for the remaining balance owed on the totaled vehicle, plus $6,000 or more which is what has thus far already been paid into the vehicle, Which would be a reasonable amount to put down on a simular vehicle and still be able to have finished making payments by the end of my current contract period. Is this a posible avenue to pursue?
 

JETX

Senior Member
Okay, lets try to explain this....
1) The insurance company (or other driver) wasn't party to the 'deal' you negotiated when you leased the vehicle and therefore isn't responsible for the price you paid.
2) The insurance company (or other driver) wasn't party to negotiating the interest you agreed to when you purchased, and therefore isn't liable for the unpaid balance.
3) The insurance company (or other driver) wasn't party to the (possibly excess) mileage that affects the current value of the vehicle.
4) The insurance company (or other driver) wasn't there when you put the dent, or spilled the beer, or put the cigarette hole in the seat.... all of which affected the value of the vehicle.
5) And finally... the insurance company wasn't party to the fact that you decided to purchase by lease (which defers the normal costs of the vehicle to the end of the lease).

Simply, the insurance company (or the other driver) has no responsibility for the fact that you are 'upside down' (owe more than its worth) on this vehicle.

So, as noted before, if you disagree with their offered price, do some research. Get retail prices for lots of comparables (same model, same year, same mileage, then add/subtract for conditions). Be sure to factor in any recent major repairs (new tires, etc.) and, if you don't agree with their price, consider legal action. If you decide to sue, file against the other driver. His insurance will provide an attorney for him.
 
F

Felecia Bell

Guest
Rear ended

Thank you I appreciate all your help. Bottom line the consumer has little to no legal chance of of being put back in the state in which they were in proir to the accident if the vehicle is deemed to be totaled. I get it.
 
C

cire318

Guest
that's why finance companies fight for your business, they make money off of you. Next time write a check for the full amount and the purchase is trully yours.
 

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