what are my rights?

[moonbeamer]

[hello....I am in Colorado and in need of some serious advice.
I was recently in an auto accident. The other person was at fault. She ran a stop sign and I hit her. My car was totaled. The other persons insurance company offered me 3400 for my car, when the going retail price is between 5000-6000. They are very resistant to compromise. My car is also in a strorage unit that they told me I would be responsible for paying for sice I refused to let them move it until we have reached a fair settlement. They paid for rental car for me, but refused to let me have it longer than 3 days after they made their offer.
so now i have no transportation and am responsible for a storage fee.
This doesnt make sense to me.
I also suffered some strained back and neck muscles and my whole body was out of alignmnet with my ribs being out of place. I have been seeing a physical therapist.
The insurance company said they will pay for all of medical when I am completely done recieving treatment.
My concern right now, is if I have any rights in this case and should I seek counsel or attempt to take them to court?
Please Help. Any feedback will be greatly appreciated....Thank you.....ML

 

[JETX]

My concern right now, is if I have any rights in this case and should I seek counsel or attempt to take them to court?

Contact a local personal injury attorney. He/she will also help with your property damage claim.

 

[jcook7066]

Two things you can do to help yourself out.
1. Remember that your injury and your vehicle damages are actually two seperate claims - dont hold up one for the other.

2. Let the insurance company move your car. You still own it and can still get access to it. All they want to do is move it from some lowlife who is charging them a daily rate - probably anywhere from $15-$50 / day

As for the value of your car, it is probably on the low end of "retail". Look online and in local publications for private sellers. If 6000 is high retail, you'd do good to get upper 4's to low 5's.

 

[tabathadolley]

The other persons insurance company offered me 3400 for my car, when the going retail price is between 5000-6000

They will give you current market value, not the high end of retail value. It's always lower than what you expect.. I'm not sure how they calculate the figure.

 

[JETX]

They will give you current market value, not the high end of retail value. It's always lower than what you expect.. I'm not sure how they calculate the figure.

Most, if not all, of the larger insurance companies contract with an 'outside' vehicle value service (I suspect that this 'service' is 'affiliated' with the insurance industry). This way they can claim that this is a valid 'fair market appraisal'. Far more than usual, their FMV is lower than the NADA, Kelly or 'Blue Book'.
The claimants only recourse is to start IMMEDIATELY looking for local ads that describe their vehicle (condition, mileage, etc.) as close as possible... KEEP COPIES OF THE ADS!! Get 5 or so of them.... then average out. Use that information to try to sway the insurance company to try to increase their offer. Also, if you have had RECENT work done on the vehicle (engine replacement, new tires, new wheels, etc.) that should also be used to increase the value.