Legal Question in Insurance Law in Illinois

I own a 2003 Chevy Blazer that was legally parked. On 03 March 2014 a driver drove out of a parking lot across the street from where I was parked and broadsided another vehicle, causing that vehicle to strike mind. It was suggested by my auto insurance company (State Farm) to seek the recovery cost through the insurance company (Allstate) of the individual that caused the accident. When I spoke with a claim representative from Allstate, she assured me that my vehicle will be repair since their client admitted fault for the accident. Yesterday, the claim rep from Allstate called and advised me that they decided to total out my vehicle (which is repairable) and informed me that the cost of repairs exceeds the value of the vehicle and they will pay me $4,673.18 as a settlement, relinquishing them and their client who was negligent, of any further financial responsibility. I understand far market value but I am the victim here and I feel like I'm being further victimized by the insurance companies. My vehicle is paid for and I'm not looking to incur any more debt by being forced to buy another vehicle. The cost of repairs will be close to $5,000. Prior to this incident I had been maintaining my vehicle to keep from having to buy another one which I can�t afford anyway. I doubt that I would be able to purchase a comparable vehicle for $4,673. I just want my vehicle restored to its� original state prior to the accident. I'm essentially being abandoned to twist in the wind and I simply don�t think any of this is fair. Do I have any legal options to help me recover what I have lost?


Asked on 3/19/14, 1:57 pm

1 Answer from Attorneys
Wendy Calvert WendyCalvert Law Offices

Unfortunately as great of condition as you vehicle may be, they depreciate as soon as we drive them off the lot and the insurance company is entitled to pay you the value to fix or repair your vehicle. You could go back to State Farm to see if they have a different estimate. You could also consider approaching the repair shop to negotiate. Is Allstate issuing the check directly to you? If the repair shop is used to working with insurance companies they may still be willing to fix it?

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Answered on 3/19/14, 2:08 pm


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