Legal Question in Personal Injury in Alabama

My father was in an traffic accident in which he was at fault. His 1998 Jeep Grand Cherokee was totaled. The insurance company is offering him $2300.00. Does he have to accept their offer ? If he does not have to accept their offer, what is his course of action ?


Asked on 11/17/10, 1:06 pm

2 Answers from Attorneys

Mark Wolfe Boteler & Wolfe

Under Alabama law the insurance company owes him the fair market value of his vehicle as it existed right before the collision. This is a somewhat vague term and insurance companies use sources other than Kelley Blue Book or NADA to come up with their FMV. The FMV would be less his collision deductible. Please visit our PD link on our web page for more info on FMV and if wants to proceed against them in Small Claims Court (up to $3000), we have a manual and guidebook on Small Claims Court free through our firm. http://www.botelerwolfe.com/accident-resources/property-damage/

Good luck and I hope this info is helpful.

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Answered on 11/22/10, 2:46 pm
Danny Feldman Lewis, Feldman, Lehane & McAtee L.L.C.

No, he does not have to accept their offer. He can file a case in small claims court, which has jurisdiction of up to $3,000 or in district court, which has jurisdiction up to $10,000. He is owed the difference in the fair market value (FMV) of his vehicle immediately before the wreck minus the FMV immediately after the wreck. If he was injured, even if he did not seek formal medical treatment, he is also owed compensatory damages. Let us know if we can help; otherwise, we wish you well in making a reasonable recovery.

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Answered on 11/24/10, 4:54 am


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