100% Not-At-Fault: Vehicle Total Loss--Need Lawyer Advice--?

Question

I have a case where another vehicle jumped a curb & landed on my parked vehicle, resulting in a total loss. Nobody was inside my vehicle. My insurance company offered a low-ball settlement. I need advice how to gather compensation from the At-Fault Drivers' insurance company. The settlement offered by my insurance company is insufficient. I'm not sure if a Personal Injury lawyer would accept because my vehicle was not occupied & therefore, no injuries. I PayPal for quality advice. IL Chi Suburbs

Answer 1

Personal Injury lawyers are normally looking for BODILY Injury - NOT Property Damage.

Have you tried submitting a claim to the company that insured the other vehicle? What do THEY say?  What type of car did you have that was damaged and what was the Actual Cash Value of the car?

Unfortunately, insurance is NOT designed to put you in a better position than you were just prior to the accident and they only have to pay you what you car's value is - NOT what it's worth to you.

Sorry about your loss but I hope this helps shed some light!

Answer 2

A lawyer will not put you any further ahead. The fees they will charge, they're not going to work on a contigency basis for this type of claim, are so high any additional amount you might recover would be negated by thir fee.

If you want a higher amount than what your insurer is offering then you will have to prove the vehicle was worth more than what they are offering. Don't bother with Blue Book as no insurer accepts their figures as their numbers are inflated. You can look in the local newspaper and look for vehicles similar to yours that are for sale and what they are selling for. If push comes to shove then you could always go out and get an independent appraisal (you will have to pay their fee) or you can see if your local insurance regulatory body has some sort of mediation process.

Answer 3

Lawyers are not going to want to touch this because there is no money. You are not going to want to hire a lawyer because by the time you pay them up front you will loose money in the deal.

Best bet is to contact your state insurance commissioner for guidance they will help you.

Answer 4

Your basic decision is to work through your insurer (which will seek recovery from the other party) or to pursue the other party directly.  You can request a settlement directly from the other party's insurer but not compel one.  If they chose not to settle with you by request, you will have to sue the other involved party (not the insurer).

Answer 5

Assuming you have the contact info for the other person insurance just contact them and tell them you want to present a claim through them. They will inspect the car and also make you a total loss offer. Don't be surprised if their offer is very close to the one from your company. Either company owes you the Actual Cash Value (ACV) of the car in IL.

You have the right to collect the higher offer, but you can only collect from one company.

Most people feel that any total loss offer on their car is too low. However, your company has a duty to provide you with documentation showing where their figures come from. Most companies will provide you with a computer printout showing similar vehicles sold in your area within the past 1 to 6 months. These will show actually sales figures not asking prices. If you don't have this info get it from your company and study it.

You don't offer specifics about why you think the offer is lowball so it is difficult to provide you with any more specific suggestions.  

A lawyer will not help you here as you can't sue your own insurance company. Although, your policy may have an "appraisal clause" that you can use, from the ones I have been involved in they are not fast or cheap.

Good Luck