What are my options?

azngqartst · #1 10-09-2006, 10:43 AM

What is the name of your state? IL

I was rear ended on 09/28 @ 2am. The driver that hit me with a speed of 97 mph. This was the speed the officer read from his radar about 1/2 mi. away from the collision site. In addtion to the police officer, I have 3 other witnesses to accident. Air-bag did not go off nor did the seat belt lock.

My car was only 5 months old, brand new 2006 Scion TC. The body shop told me there is a good chance the car is totalled, which is what I want, because I am sure the car won't be the same if the insurance company decides to repair the damages. For fair compensation, I want the insurace company to pay what ever I owe on the car plus what I have already paid so far. Will I need a lawyer to get the compensation I deserve? And do I have a case against the car manufacturer for the air-bags and seat belt?

ecmst12 · #2 10-09-2006, 10:48 AM

Air bags are not designed to go off in a rear end collision.

If your car is totalled, you are entitled to FAIR MARKET VALUE for the car in the condition it was in immediately prior to the accident. Nothing more, nothing less. What you owe is irrelevant and if the car IS totalled, you should hope that you have Gap insurance because what they pay is likely to be less then what you owe. So hope that it's NOT totalled. Getting a lawyer is not going to get you more then you're entitled to. But if you're injured, a lawyer will help you get fair compensation for your injuries.

azngqartst · #3 10-09-2006, 10:56 AM

I do have injuries, I slammed my head on the steering wheel, and I have pictures of it.

ecmst12 · #4 10-09-2006, 11:02 AM

When you go to the doctor, make sure anyone treating you for injuries from the accident are aware that this is an auto claim so they do not bill your regular health insurance.