How should I approach this ..I know I need a lawyer?

Question

My car was parked and a drunk lady crashed into it, and totaled it. I am seeking advice on how I should approach this?

1) Claim was made with my car insurance company, and they said its a non fault collision ( thank goodness I had collision insurance)

2) police report was made..she was arrested on the spot for being drunk, and totaling my car out.

3) My car was declared totaled.

4) My car has been towed off I don't even know where to.

5) I still owe 16k on my car but blue book value on my car is no where near the 16k I owe. ( 2007 toyota yaris 4door sedan in great condition if that helps..only had 11k miles on it..I bought it new in '07) I am aware the car retails for less than 16k but you know that negative equity can kill ya when trading in another car you still owe on.

My real question lies here... most likely I will get blue book value for the car and still owe a c**p load of money for my totaled car that I cant drive...what kind of lawyer should I get? What should I expect?

Answer 1

if you go to unt they have free legal services for students, and they can also try your case for free? check your school.

Answer 2

First off if the lady had insurance than you can get a lawyer and easily get the money just might take a while(yeah, you will get the suggested value of the car not what you owe).  A lawyer would take this case in a second because obviously the lady was arrested for DWI and probably wreck less driving as well.  Yeah, so you can have a consultation with a lawyer and look at your options.  Most do not charge more than $75 for the consultation and if the lawyer takes the case they usually waive the fee anyways.  If you just wait for her insurance company to give you the money it will take a long time.  I  had to wait a year before I got my reimbursement for the damage caused to my vehicle by another motorists.  I suggest at least talking to a lawyer even over the phone to consider your options so you will get your money faster.  Good luck.

Answer 3

A lawyer is not going to do you any good. He can't change the value of your car. It's worth what it's worth.  If the car was parked and unoccupied - there is no bodily injury claim - so no lawyer is going to take the case anyway. There is no money in it for them.

Besides -- a lawyer is going to be paid 1/3 of any settlement you get. So - even if you found one to take your case - he's going to get 1/3 of the value of your car - that just means less money to pay the note down with.

Now - about  the total loss car -- the insurance company owes you the Actual Cash Value of the car. That's what you could have reasonably sold the car for just prior to the accident (given its year, make, model, options, mileage, condition).

The insurance company does not owe you the amount of your note.

Insurance companies have a few ways of valuing vehicles. If they use a book its the NADA (www.nadaguides.com) -- NOT kelley blue book. So don't waste your time checking kelley.

Insurance companies can also use market survey programs (such as CCC or Total Logic). These are usually going to give the most accurate value of the car as they are based on actual car sales in your specific area.

Did you purchase Gap coverage when you bought your car? Hopefully you did. If so, the Gap coverage should be able to step in and help with the short fall.

If you did not -- and you have been a good customer - your finance company may be willing to take the short fall from this loan and roll it into the note for the next car. The down side is if something happens to the replacement car - you are in the exact same boat you are in now-- owing more than the car is worth.

Answer 4

Take the lady to court and get a laywer for a civil case. Try to see if her ins will pay for the cars damage!

Answer 5

Two things.

One, did you maybe do what I did when I bought a Corolla recently, and get a service plan with a "gap" insurance?  If you did, Toyota will pay the difference between what you are paid from the insurance company and what you owe on the car.  This gap insurance came with an extended warranty, so if you bought that, you may have gotten the gap insurance as well.

Two, the drunk is responsible for your loss.  She is the one who should legally be paying for all this.  Granted, it may take some time to get this money, but that person is responsible and should be made to pay.  Good luck.  

Ask friends who maybe have used a lawyer or know someone so you can get a good recommendation on who to use.

Answer 6

Your insurance company only owes your for the Actual Cash Value or ACV of your vehicle and not what you owe on your car. Whatever the ACV is, the first thing that will happen is your deductible will come right off the top. Then, if the ACV is less than you owe, the entire amount of your collision check will go to your lienholder and you will be left upside down with the balance. If the ACV is more than the value of your vehicle you will get a check from your carrier for the balance above what is paid to your lienholder. In order to settle your claim your insurance carrier will need to locate your vehicle. You can contact the police department that wrote your report and they should be able to direct you to which tow yard the vehicle was taken to. You can probably resolve this claim without an attorney. Your vehicle was parked and unoccupied at the time of the loss. Attorneys generally get their fees from your settlement. In this instance you have to think of where they will be getting the money from. The attorney will not be able to recover his fees from your collision settlement alone. Additionally, you may want to check will your agent as some states allow for punitive damage coverage on their insurance policies. If you obtain an attorney it would only really be to help you get a judgement against the claimant for your oop that you owe your lienholder. Sincere there is are no injuries involved there is no pain and suffering etc. You should also discuss your options with your lienholder as they can assist you will rolling over the balance of your current loan into a new loan for your replacement vehicle.

Answer 7

Your case is an advertisement as to why you should carry gap insurance on new cars.

It really doesn't cost all that much.

This is one of those life lessons.

- good luck with the collections. Just cause you get a judgement doesn't mean you'll collect anything.