Legal Question in Insurance Law in Idaho

Tort claim

This may not be the right vinu but here it goes: I was recently in car accident. Canyon County vehicle ran a red light (driver cited for inatentive driving). The counties insurance want so total our car. I am retired and can not afford a like vehicle. the repair estimate is $5934.81. The insurance says the car value is aroung $5400. I have a Blue book estimate for sugested retail value of $6,210. I am going to call used car dealers to see what they are selling the same year, make, miles and condition for. Besides high mileage 140,000 miles I kept it up very well and would hate to give up the car since I know its up keep. I just want them to fix the car; Totaling it would put us in a untenable possition. What recources to I have????


Asked on 9/19/08, 1:02 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Tort claim

Generally a computerized service is used by insurers to value auto losses. And generally insurers consider a loss a total if the repair exceeds 80% of the value. This is never in the policy, but is a rule of thumb.

Get the Auto Trader and the LA Times Sunday ads for comparable cars to what you have. Also run an internet search as there are many, many sites advertising cars. If you are not computer literate, ask a friend who is.

The information you get will probably support a higher value so that you get the funds to have the auto repaired. I trust you have your own estimate, not just one from the insurer. If not, get one from the place you want to do the repairs. Also find out what the salvage value of the vehicle is as a total loss, since that can be deducted from the sum the insurer will pay, if you agree it is a total loss, so that you can keep the car and still get it repaired.

I note you don't mention any personal injury claims. If they might exist, that is worth extra dollars for a total settlement with the insurer.

Note - you have not mentioned your own insurer. Don't you have collision on your car so that it will get it fixed for you and it will argue with the County's insurer?

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Answered on 9/19/08, 12:27 pm


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