• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How much to ask for?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

erjsharp

Junior Member
New Mexico. My 2000 BMW 323i with 191,000 miles was hit and totaled by a driver who admitted fault. The other driver's insurance company has offered me about $7,000 to pay for my car. However my cost if living is going to go up much more that the replacement because I am not going to buy a 9-year old car to replace it with. I was not intending to buy a new car any time soon because I had taken good care of my BMW but the wreck now forces me to have to spend more. What would be reasonable to ask for and how should I do it?

chukte(nospam)@yahoo.com
 


ecmst12

Senior Member
You are not entitled to a PENNY more then the value of your wrecked car. If you want your cost of living to remain the same, buy another 2000 BMW which shouldn't cost you too much more then you're getting.
 

erjsharp

Junior Member
I realize that most laws pertaining to these types of things are insurance-lobbied and drawn up to minimize the compensation to any victim. But despite the fact that insurance companies' profit models protect their shareholders first, lawsuits are won all the time in which the compensation awarded is for more than the tangible machinery that has been lost. Damages are often paid for pain and suffering, etc. But for those (possibly rare) individuals who do not greedily want some windfall but simply a little compensation for their time, anguish and the hassles that these things generate, are they wrong to ask for it? Are lawyers the only ones whose time is valuable? If I cost you a few hours of time you'll be the first to pull the trigger on the billing meter. Does that right only apply to you? Well, although I have no intent to resort to this, at least the law still allows that we too can use lawyers against each other. Unfortunately, it is their well documented greed that has promoted this climate of getting more than you're entitled to by encouraging their clients to sue for much more that they're truly entitled to. Although you might not be able to comprehend this, there are still some people who don't feel way. Its too bad that if one asks for merely what is truly a 'fair' settlement instead of suing suing for the moon and negotiating down, they become legal machine roadkill.
 

Zigner

Senior Member, Non-Attorney
What are you rambling on about...?

You are entitled to the value of your vehicle at the time of the accident - not a penny more. That is NOT something the insurance company came up with :rolleyes:

I realize that most laws pertaining to these types of things are insurance-lobbied and drawn up to minimize the compensation to any victim. But despite the fact that insurance companies' profit models protect their shareholders first, lawsuits are won all the time in which the compensation awarded is for more than the tangible machinery that has been lost. Damages are often paid for pain and suffering, etc. But for those (possibly rare) individuals who do not greedily want some windfall but simply a little compensation for their time, anguish and the hassles that these things generate, are they wrong to ask for it? Are lawyers the only ones whose time is valuable? If I cost you a few hours of time you'll be the first to pull the trigger on the billing meter. Does that right only apply to you? Well, although I have no intent to resort to this, at least the law still allows that we too can use lawyers against each other. Unfortunately, it is their well documented greed that has promoted this climate of getting more than you're entitled to by encouraging their clients to sue for much more that they're truly entitled to. Although you might not be able to comprehend this, there are still some people who don't feel way. Its too bad that if one asks for merely what is truly a 'fair' settlement instead of suing suing for the moon and negotiating down, they become legal machine roadkill.
 

ecmst12

Senior Member
And none of that has monetary value. You are entitled to be made WHOLE, not better then whole. Your car was wrecked and you are owed the value of the wrecked property. If you rented a car, you may also be able to get reimbursed for the rental (if insurance didn't pay up front). Property damage is very black and white, there is little room for negotiation, and NO room for additional compensation just because you're annoyed.

The concept of being made whole through tort claims is hundreds of years old, far older then insurance companies.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top