Legal Question in Insurance Law in Florida

Insurance Claim-Totaled-My Options?

Rearended 9/6/03..other driver sited for careless driving.

My car 1984 Mazda RX7, just refurbished and body in perfect shape. Damages over $2800 and Insurance Company is totalling my car. I just put $2300 into car since January and have credit issues which prevent me from purchasing a new car. This has been my car for 20 years..only mine...every mile of the 98,000. Seems that since they insured me, they should have to restore my car to it's original condition before the accident if that's what I want or is it totally their decision. The value of this car cannot be measured in a ''blue book''! The value to me is in having a reliable car and no payments. The bookvalue, according to them is only $1800 which doesn't even cover my expenses this year. Shouldn't Insurance companies be held accountable in these situations or decline insuring a car of this age in the first place. It's misleading and deceitful when a claim must be filed. I also have some medical issues which must still be checked out.

What are my options here? Thanking you in advance!


Asked on 9/28/03, 1:10 am

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Insurance Claim-Totaled-My Options?

Insurance policies reading and understanding at inception. Your agent should know collision coverage on a 20 year old vehicle insured for ACV is inappropriate as you can only collect "book value". It should be insured as an antique or custom vehicle for a stated value. This is not a novel issue. Only your prior ignorance of insurance. I was an insurance agent before becoming a lawyer.

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Answered on 10/07/03, 11:28 am


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