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Totaled Car

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C

chamelin

Guest
My wife and I were in an accident when a woman ran a red light and hit us. Our 1991 Toyota Corolla LE was badly damaged. My Insurance (Allstate) moved the vehicle to a private business that handles the salvage of older vehicles. Allstate considered the car totaled and offered us $4400. The car was in mint condition and had only 75,000 miles on it. I thought their offer was low (investigation on the internet says it should be around $5500) and decided to let the womans insurance (Nationwide) appraise the car and see what they would offer (they admitted their client was at fault, and in Virginia that means I would have 0 fault and she would have 100% fault and her insurance is responsible for my loss). Nationwide finally contacted me after about a week and told me they would not appraise the car because Allstate had informed them that some parts have already been removed from my car and sold by the shop where the car is being stored (the place that has a contract with Allstate). This seems to me to be grand theft. I have never signed the title over to Allstate or the shop. I also feel like I am now stuck with Allstates offer (they did offer to come up to $4800, but from talking to Toyota dealers around here, it should be more like $5500). What can or should I do. I don't want to settle on what Allstate has offered, and since they have robbed me of an appraisal that might have resulted in a better offer, shouldn't they compensate me? Or should I try to have someone arrested?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Okay, two things:

1). This is not an arrest issue. If anything would be criminal, it would be false and fraudulent business practice (something you can take up with the better business bureau).

However, in your situation, you signed a contract with allstate to be your carrier. Therefore, it MAY be a breach of contract isseu. I say "May BE" because you need to check the agreement you signed with them, including fine print. If it says they have the unilateral right to take the car apart after you report it to them and allow them to take the car, you are out of luck, unless you can prove they did not negotiate the price in good faith.

Now, if the contract makes no mention of the above mentioned arrangement, then you are entitled to the following damages: the difference between the price they paid you and the price you would have received.

Hope this helps.
 

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