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  #1  
Old 03-21-2007, 07:38 PM
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Join Date: Jun 2006
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victim's rights


What is the name of your state? Georgia
One week ago my daughter and grand-daughter were in an auto accident. My daughter was the driver in her car and the baby was in a carseat in the back seat. My daughter's car was hit by a 19 y.o. girl who ignored a stop sign. No one involved in the accident was seriously injured, thank goodness. My daughter is a single parent and makes just enough money to pay her bills. Her car was totally paid for. The other driver's insurance rep told my daughter that the car would be "totaled" because of the extensive damage. My daughter will only get $1800.00 for her car. She cannot buy another car for $1800.00 and cannot afford the expense of a car note. The other driver's insurance company has refused to pay for a car rental. That company says that it cannot do anything until the 19 y.o. girl returns their phone calls, which so far, she has refused to do. My daughter paid for a rental car for the last week so she could get back and forth from work but can no longer afford to pay for a rental. Now she is missing work and not getting paid because she has no transportation. I live in another state and cannot travel to be with her for another week. My daughter's car insurance did not include rental coverage. I feel so sorry for her. What can she do to get compensated for her expenses? Can she sue the girl for the price of another vehicle? What is the liklihood that she would win if she did sue? Thanks for your help.
  #2  
Old 03-21-2007, 09:29 PM
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Location: NC
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Has she turned in a police report to the other driver's insurance company yet?
  #3  
Old 03-21-2007, 09:58 PM
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Join Date: Jun 2006
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Yes, as soon as she received the police report (on Monday), she gave a copy to the other driver's insurance company. The report states the other driver was at fault.
  #4  
Old 03-22-2007, 11:30 AM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,866
She will be able to file a claim for reimbursement of the rental car to the girl's insurance company, but they won't pay or deny until they complete their investigation, which includes getting their own statement from their insured.

She can try to negotiate for a higher amount for her totalled vehicle, but she is only entitled to the actual value of her car, how much a new car will cost her is irrelevant. She should be able to get some basic reliable transportation for that amount of money, even if it is not as nice as what she had, or she can use it as a down payment on something better and finance the rest. But she can look up her car's value on KBB (which will be high) and NADA (more realistic) as well as checking local ads to see what similar vehicles are selling for in her area, and use that information to negotiate the settlement amount.
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