Legal Question in Insurance Law in California

Recover damages for auto accident

I was driving my car and got sideswiped by a big rig. The police report shows that he is at fault. But the insurance company is only going to offer my little money. The car is totaled. Can I sue them to recover money put into the car that I have paid already? What they are offering is not even enough for a down payment. What can I do?

Thank you


Asked on 10/21/99, 2:16 am

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: Recover damages for auto accident

I just wanted to add that you have every right to sue them for the full retail value of the car as well as loss of time from work, other property damages and pain and suffering for any injuries you have sustained. I hope to hear from you soon.

John Hayes

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Answered on 10/27/99, 1:52 pm
John Hayes The John Hayes Law Offices

Re: Recover damages for auto accident

Yes. The insurance is responsible to either pay you the retail value of the car if that is less than the cost to repair the vehicle. If the car is in fact totalled than the insurance company should cut you a check and you in turn pay the vehicle off leaving you the balance to get a new car. If you were side swiped by a big rig than I am assuming that your car is totalled. Hopefully they have at least gotten you a rental car until this is resolved. If you are getting nowhere with the insurance adjuster I would be happy to help move things along. You can reach me toll free at 888-563-8529 for a free consultation. I look forward to speaking with you.

John Hayes

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Answered on 10/26/99, 11:53 pm


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