Legal Question in Insurance Law in California

Car accident - other person's fault. What are my rights? No injuries just car

Are car is in bad shape and it is are only means of transprotation. Is the other persons insurance required to provide us with temporary transprotaion, such as a rental car? If they don't total our car its resale value will drop because of being in a significant accident, should we get any compensation for this or are we stuck with what the appraiser says the damage is worth?


Asked on 8/07/00, 4:57 pm

1 Answer from Attorneys

John Hayes The John Hayes Law Offices

Re: Car accident - other person's fault. What are my rights? No injuries just

You are entitled to a rental car until you settle the property damage portion of your claim with the insurance company. You will have to rent the car and then submit a bill to the insurance company for reimbursement. As far as your vehicle. If the cost of the repairs are greater than the value of your vehicle the insurance company is allowed to total out your vehicle and give you the fair market value. You can keep the car but they will probably deduct a few hundred dollars from the settlement because of the salvage value. If you keep the car you can then take the money they gave you and fix it. Or you can let them keep the car and take the full amount and buy a new one. I would recommend that you do some research and find out what your car is worth. Start with the kelly blue book website at www.kbb.com. I would also puruse the local classifieds and find out what your vehicle is selling for in your area. This way you have a good idea of the fair market value when the insurance adjuster offers you a low amount for your vehicle. If you were injured in the accident that is a whole different matter. Make sure you are following the treatment prescribed by your doctor. If your neck or back hurts you should make an appointment with a chiropractor immediately. In an auto accident the force of whiplash seriously damages the muscles and soft tissue in your back and neck. The only kind of doctor that can help heal those kind of injuries is a chiropractor. If you are in pain it won't just go away on its own and if you don't treat with a chiropractor your soft tissue might not heal properly and you risk being in pain for the rest of your life. If you need any help settling your property damage or with your personal injury claim please feel free to contact my office for a free, no obligation consultation. I specialize in auto accident cases and I have for over a decade. My toll free number is 877-546-9918. I hope I have helped and I wish you the best of luck if I don't hear from you.

Sincerely,

John Hayes, Esq.

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Answered on 9/13/00, 10:11 pm


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