Legal Question in Personal Injury in Alabama

limitations

my questions is simple. i was in a car accident which was not my fault as admitted by the other driver. neither of us had insurance at the time. she is willing to pay for the fair market value(my car was totaled) which is 4,ooo less than the payoff. Is this all she is leagally intitled to pay me?

Thank-You for your time


Asked on 2/07/03, 2:28 pm

2 Answers from Attorneys

Bobby Lott, Jr. Attorney at Law

Re: limitations

You can approach this one of two ways. 1. Easy - accept her offer and get your car fixed. 2. Hard - file suit against her in court. You say she didn't have insurance, so you would have to get your attorney to check and see if she had any property to be attached in the event you won the lawsuit. Were there any injuries to you? That would make a difference too. The FMV ( fair market value ) is the common amount that a car owner will receive when involved in an accident which totals their car. Even insurance companies will usually not pay more than this. Anymore questions, contact my office at 205 - 322 - 3747

Thanks!

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Answered on 2/07/03, 2:36 pm
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: limitations

A judge could look at the damages to your vehicle in two ways: 1) the value of the vehicle as determined by an expert appraiser - for an estimate, you may want to go to www.nada.com, www.kellysbluebook.com, or www.edmunds.com; or 2) you may testify as to your property's value in Alabama so it would depend on your valuation of the car before the accident minus the valuation after the accident, i.e.: it was worth $5,000.00 before the accident and $100.00 now (salvage), and your damages would be $4,900.00. You have to be reasonable, and unfortunately, in Alabama, you may be "upside down" - owe more than the car is worth. You are not entitled to your payoff value, only the value of the vehicle.

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Answered on 2/10/03, 9:38 am


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