<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Jean:
I was involved in a car vs semi truck crash last week. I was struck twice on the drivers side and then rolled the car. I have minor injuries but my car is totalled. The truck driver was cited for inattentive driving and equipement failure. He was found 100% at fault. The insurance company is barely covering the payoff on my car. I have been having some major flash backs and cry frequently. What are my options at this point? I want to be financially where I was before he almost took my life away!<HR></BLOCKQUOTE>
My response:
It appears, from your description, that you have a good case. Get to an attorney, and then get to a doctor (not necessarily in that order). Insofar as your car is concerned, an "at fault" party (or insurance for that party) is only liable for the "fair market value" of your car. For example, if you still owe $5,000.00, but it's only worth $4,000.00, then $4,000.00 is the measure of damages. Then, you might say, "Well, gee, before the accident I had a car, and now, I can't affort to get another one with what they are offering. All I want is my car back." I know that hurts. Many people want "replacement" value, but that is not the measure of damages.
I certainly hope this, in some small measure, helps you. Now, tomarrow, get to an attorney and a doctor.
Best of luck to you.
IAAL
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