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Need Advice: Husband was T-Boned!

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lil-iodine

Junior Member
What is the name of your state (only U.S. law)? New Jersey

My husband was t-boned last month after a 17 yr old, on a provisional license, driving with a car full of 16 yr olds, ran a stop sign. My 2003 Sonata LX was deemed a total loss by NJM insurance co. I want to keep my car and have it fixed but NJM will only give me the value of the car minus salvage cost. Can I sue the parent of the at fault driver for the other $2000.00 that I could use to fix my car?
 


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ecmst12

Senior Member
No. You are not owed more then the value of the vehicle, less the salvage value if you retain it. That is the same whether you are accepting settlement from the insurance company or are suing the at-fault party directly.
 
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lil-iodine

Junior Member
Thanks! Just a little ticked that if I take the reduced value I have to shop for another car and probably end up with a car payment that I didn't have! How is this fair? I'm not whole!!!! Car costs 6042.00 to repair and value of car is 6900.00. Ins. co. will only pay 4900.00 if I keep the car. So 1100.00 has to come out of my pocket??!!!! Then it has to be certified ok before I can insure it again. What a racket!
 
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ecmst12

Senior Member
So let them keep the car and you can either buy a similar one for around that price (same year/make/model, probably in somewhat better condition and so a little more expensive) or put it towards a nicer, newer car. It almost NEVER makes sense to keep a totalled car.
 
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lil-iodine

Junior Member
I really can't justify keeping the car now! Just doesn't make sense, as you said. Just hate car shopping and putting up with sales people. Thanks again for your input. It really helped me to make my decision. Happy Motoring to all!
 
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codysmom

Junior Member
Salvage Title

The other thing you want to consider before keeping your old car is that once it has a salvage title on it (the title will be stamped as salvage when you get it back from the DMV after settling with the insurance carrier) you may have a hard time getting it plated and/or insurance coverage for it. At best with a salvage title you'll be able to insure it for liability only (no comp or collision coverage).
 
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Magdela

Member
Original Poster, did your husband get injured? If so did he go to the emergency room within 48 hours of the accident. Also have you spoken to an attorney about handling this as a personal injury case?
 
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ecmst12

Senior Member
OP was not asking about injuries. And neither going to the emergency room nor hiring a lawyer is necessary to make a claim. Are you a spammer?
 
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Magdela

Member
ecmst12 said:
OP was not asking about injuries. And neither going to the emergency room nor hiring a lawyer is necessary to make a claim. Are you a spammer?
Click to expand...
Very true however shouldn't she know that if he was injured that she should seek the appropriate advise and file a personal injury claim? No I am not a spammer, like Isabella said, I'm in the legal field.
 
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ecmst12

Senior Member
If she had a question about injuries, don't you think she would have ASKED about injuries? Don't put words in peoples mouths. She asked about her property claim and her question was answered. If you don't have something to add that actually addresses the poster's question, don't post.

What's up with the bold type anyway? Are your posts more important then everyone else's?
 
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Magdela

Member
ecmst12 said:
If she had a question about injuries, don't you think she would have ASKED about injuries? Don't put words in peoples mouths. She asked about her property claim and her question was answered. If you don't have something to add that actually addresses the poster's question, don't post.

What's up with the bold type anyway? Are your posts more important then everyone else's?
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Some people don't know that they can claim for personal injuries I'm not assuming that she knows, if she didn't it certainly doesn't hurt to ask. There is nothing up with the font selection I chose, it is Arial Black, I just like it that's all.
 
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ecmst12

Senior Member
Actually, this poster is in New Jersey, so the husband's ability to file a personal injury claim is very limited. And I'm certain that he knows it, too.
 
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