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[Elizabeth999]

I was involved in an auto accident, in Florida -the other party was 100% at Fault

After the accident happened, I had to purchase another car, because the defendant totalled mine. I purchased a 1999 Dodge Neon, mostly due to the low price and mileage (I commute 45 miles to work every day). The insurance company has stated that if I had purchased another 1992 Dodge (my totaled car) with over 100k miles on it, that I would not be saddled with car payments right now. The car payments are being “figured” into the settlement amount but I have a feeling that the insurance company will shoot that down. Can anyone think of a good rebuttal to the Insurance Company or do I just need to take my lumps?

yes, I do have a personal injury lawyer - but I was just curious what you guys thought...

 

[Elizabeth999]

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[HomeGuru]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Elizabeth999:
I was involved in an auto accident, in Florida -the other party was 100% at Fault

After the accident happened, I had to purchase another car, because the defendant totalled mine. I purchased a 1999 Dodge Neon, mostly due to the low price and mileage (I commute 45 miles to work every day). The insurance company has stated that if I had purchased another 1992 Dodge (my totaled car) with over 100k miles on it, that I would not be saddled with car payments right now. The car payments are being “figured” into the settlement amount but I have a feeling that the insurance company will shoot that down. Can anyone think of a good rebuttal to the Insurance Company or do I just need to take my lumps?

yes, I do have a personal injury lawyer - but I was just curious what you guys thought...<HR></BLOCKQUOTE>

If your car was totalled, the insurance company must pay you the replacement cost of your vehicle ( Blue book or other acceptable book value) period. Your buying another car with high payments should not be figured into your settlement. You are not required to buy a like kind of automobile with similar year and mileage as a replacement.

 

[Elizabeth999]

But the defendant placed me into the stressful,time-consuming and frustrating position of having to look for another car,
and that SHOULD be factored into the settlement!!!!!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Elizabeth999:
But the defendant placed me into the stressful,time-consuming and frustrating position of having to look for another car,
and that SHOULD be factored into the settlement!!!!!<HR></BLOCKQUOTE>

Yes you are right. Factor in about $50K so you can buy a Lexus SUV.