my car was deemed total loss by the insurance company, can I sue it for the low-balled payment?

[ask4help]

Updated with more information:

My car was rear-ended by a reckless driver in Virginia, who is not the car owner. The car owner is outside VA, whose insurance company deemed my car total loss and provided a low-ball value. It is 20% lower than the market value of my car. The insurance company does not change the amount. So, I did not reach an agreement with the insurance and thus no payment happens.

My car was 2008 Honda with low mileage, top trim, garage kept. The tricky thing is no comparable car with similar miles and that is why the insurance company provides a lowball payment.

As my car has only liability coverage, my insurance company does not intervene.

I plan to have separate claims on body injury and car damage. I like to get suggestions if I sue the driver or the car owner or the insurance? Should I find a lawyer for me? Normally how lawyer charge on car damage claim?

Thanks

 

[Zigner]

If you decide to sue, remember that the driver is the one who caused the damage, so the driver is the one you would sue.

What kind of car? What year? What mileage? What did they pay you?

 

[adjusterjack]

If you have collision coverage you might get a better deal from your own insurance company.

If not, then you sue the driver that hit you. Not his insurance company.

Understand that everybody thinks their car is worth more than it is and the ads you see are asking prices. Selling prices are often 5% to 15% below asking prices.

Also understand that you will need an expert to testify as to the value of your car. You might even need a lawyer if the amount is higher than your small claims limit. You pay for all that yourself and you don't get any of it back if you win.

One more thing. If you already received a payment you will have to give it back and sue for the full amount that you want.

 

[ask4help]

If you have collision coverage you might get a better deal from your own insurance company.

If not, then you sue the driver that hit you. Not his insurance company.

Understand that everybody thinks their car is worth more than it is and the ads you see are asking prices. Selling prices are often 5% to 15% below asking prices.

Also understand that you will need an expert to testify as to the value of your car. You might even need a lawyer if the amount is higher than your small claims limit. You pay for all that yourself and you don't get any of it back if you win.

One more thing. If you already received a payment you will have to give it back and sue for the full amount that you want.

could you elaborate on "an export to testify"? do you think it is sufficient to use the auto list prices on car.com carfax.com autotrader.com?

"you don't get any of it back if you win." do you mean "if I LOSE". I guess if I win the case, the lawyer fee will be paid by the defendant. Is that right?

 

[Zigner]

could you elaborate on "an export to testify"? do you think it is sufficient to use the auto list prices on car.com carfax.com autotrader.com?

No, not at all. Prices "listed" are not prices "sold".
(EDIT: You didn't answer my questions, so I don't know how much money we're talking about. If this is in small claims, you *might* be able to use some verifiable sales amounts.)

"you don't get any of it back if you win." do you mean "if I LOSE". I guess if I win the case, the lawyer fee will be paid by the defendant. Is that right?

No, attorney fees are not something you will be able to recover even if you win.

 

[Zigner]

One more thing. If you already received a payment you will have to give it back and sue for the full amount that you want.

If the OP didn't sign any sort of release in exchange for receiving the payment, then I don't see why s/he couldn't pursue the perceived deficiency even after cashing the check. Of course, s/he should consult with an attorney before depositing any payment if s/he is thinking about pursuing this further.

 

[ask4help]

No, not at all. Prices "listed" are not prices "sold".
(EDIT: You didn't answer my questions, so I don't know how much money we're talking about. If this is in small claims, you *might* be able to use some verifiable sales amounts.)

No, attorney fees are not something you will be able to recover even if you win.

The fair value of my car is above the limit of small claims court.

BTW, the valuation report from Insurance company uses the list prices. Do you mean I can not use list prices of several cars with similar situation?

I have the sense that the party who wins the lawsuit will ask the losing party to pay the legal cost. It does not apply to car damage claim case?

 

[Taxing Matters]

I have the sense that the party who wins the lawsuit will ask the losing party to pay the legal cost. It does not apply to car damage claim case?

There are two instances in which you get your attorney's fees paid by the other party if you win the lawsuit. The first is a contract claim in which the contract provides that the losing party pays the winner's legal fees. The second is where there is a law known as a fee shifting statute in place that covers that kind of claim. Virginia does not have a fee shifting statute for ordinary personal injury claims like auto accidents. So you'd pay the legal fees out of your pocket. Usually the legal fees in this kind of case are done as a percentage of the amount recovered, e.g. 33%, 40% or whatever. And that fee can be on top of the out of pocket expenses in the case (bills related to the lawsuit other than your lawyer's fee). So your lawyer would need to win quite a bit more for you than the insurance company is offering for that to get you more money.

 

[Zigner]

There are two instances in which you get your attorney's fees paid by the other party if you win the lawsuit. The first is a contract claim in which the contract provides that the losing party pays the winner's legal fees. The second is where there is a law known as a fee shifting statute in place that covers that kind of claim. Virginia does not have a fee shifting statute for ordinary personal injury claims like auto accidents. So you'd pay the legal fees out of your pocket. Usually the legal fees in this kind of case are done as a percentage of the amount recovered, e.g. 33%, 40% or whatever. And that fee can be on top of the out of pocket expenses in the case (bills related to the lawsuit other than your lawyer's fee). So your lawyer would need to win quite a bit more for you than the insurance company is offering for that to get you more money.

This isn't a PI claim - only property.

 

[ask4help]

There are two instances in which you get your attorney's fees paid by the other party if you win the lawsuit. The first is a contract claim in which the contract provides that the losing party pays the winner's legal fees. The second is where there is a law known as a fee shifting statute in place that covers that kind of claim. Virginia does not have a fee shifting statute for ordinary personal injury claims like auto accidents. So you'd pay the legal fees out of your pocket. Usually the legal fees in this kind of case are done as a percentage of the amount recovered, e.g. 33%, 40% or whatever. And that fee can be on top of the out of pocket expenses in the case (bills related to the lawsuit other than your lawyer's fee). So your lawyer would need to win quite a bit more for you than the insurance company is offering for that to get you more money.

Thanks for your explanation, which reminds me of two type of lawyer fee: on contingency or retainer. You said "Virginia does not have a fee shifting statute for ordinary personal injury claims like auto accidents." I guess it applies to car damage claim?

I try to file two claims separately: one is car damage and the other is body injury. Is it consistent with VA law?

 

[Zigner]

Thanks for your explanation, which reminds me of two type of lawyer fee: on contingency or retainer. You said "Virginia does not have a fee shifting statute for ordinary personal injury claims like auto accidents." I guess it applies to car damage claim?

I try to file two claims separately: one is car damage and the other is body injury. Is it consistent with VA law?

You have bodily injury as well? How much are you trying to claim for bodily injury? They would not be filed as separate actions.

 

[ask4help]

You have bodily injury as well? How much are you trying to claim for bodily injury? They would not be filed as separate actions.

I have body injury but still go through therapy treatment. My thought is to file a claim on car damage first. When I go through treatment and recover fully, then file a claim on body injury.

 

[Zigner]

I have body injury but still go through therapy treatment. My thought is to file a claim on car damage first. When I go through treatment and recover fully, then file a claim on body injury.

I thought you said you've already received payment for the damage to your car...

 

[adjusterjack]

My thought is to file a claim on car damage first.

Answer the following:

Is the insurance company in possession of the car.
Did you sign over the title and deliver it to the insurance company.
Did you sign any other papers?
If yes, what did you sign? Do you know?
Did you get the check.

 

[ask4help]

I thought you said you've already received payment for the damage to your car...

No. I got their valuation report but I never agree with the amount. Thus never received the payment.