Legal Question in Insurance Law in Florida

Auto accident rights.

I was hit from behind while at a stop light by women in SUV, who was talking on cellphone, and not paying attention to her driving. Me and wife were not injured, but vehicle damaged. Since it is 89 toyota camry, insurance wants to total vehicle. Nothing was wrong with car before accident, and I had just got it out of shop 2 days prior. I spent $1300 on transmission rebuild and tuneup. Now I won't even have a car?


Asked on 3/28/09, 9:36 pm

3 Answers from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Auto accident rights.

Unfortunately for you the property damage portion of the settlement will be dependent upon the value of your car at the time of the accident. The fact that you recently rebuilt the transmission can come into play slightly, but you will need to use that as a negotiation tool with the adjuster. Typically the adjuster can deviate from the "Blue Book value" some if there is sufficient reason to do so. However, an '89 Toyota probably isn't going to get much.

The good news is you and your wife weren't injured.

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Answered on 3/28/09, 9:48 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Auto accident rights.

You are entitled to the value of the car. The new transmission should be taken into account. You are also entitled to recover loss of use until you can get a new car.

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Answered on 3/28/09, 10:23 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Auto accident rights.

You are entitled to the value of the car. The new transmission should be taken into account. You are also entitled to recover loss of use until you can get a new car.

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Answered on 3/28/09, 10:24 pm


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