Legal Question in Civil Litigation in Minnesota

Automobile Damage

My daughter was involved in an accident at a lighted intersection, where the center lanes in either direction were barricaded off. My daughter was crossing the intersection, headed south, with a green light, a taxicab that was traveling north, went around the barricade into the oncoming traffic, striking my daughter head on. The taxicab was trying to beat the traffic so he could make a left turn. The police report stated that the taxi driver was completely and fully at fault. My problem is that the insurance adjuster for the taxi company is trying to lowball me on the value on my car stating comparable values in the twin cities area. I did comparables with the NADA guide, newspaper, and online vehicles available on the web for the area. They told me they would not pay any more and it is not there responsibility and I should get an attorney if I don't like it. I told them to find me a car for the value they wanted to give me if they think my car was worth less, again they stated its not their responsibility. My daughter also received a sore back and neck, and she was wearing her seat belt. Need any help I can get, thanks.


Asked on 11/29/01, 9:26 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Automobile Damage

You are entitled to receive the value of that car. Your daughter also has a personal injury claim if she was injured. Particularly because of the injury claim, it is a mistake for you to be dealing with the insurance company all by yourself. You and your daughter need an attorney.

If your daughter is under 18 you or her mother would have to proceed on her behalf with the personal injury claim, or she can wait until her 18th birthday and go ahead with the claim herself. Personal injury settlements for minors require court approval. If it's settled after she's 18, it can be done entirely outside of court if the offer is acceptable.

There's no magic advice I can give to get the insurance company off the dime on the amount of the property loss. I suppose you could complain to the state department of commerce, insurance division. There is a legal requirement that they negotiate in good faith. Unfortunately, what I have been hearing is that the Ventura administration people are not as tough on insurance companies as the previous administration was. The numbers I have in my data base for the insurance division is 651-296-2594 or 2488.

On your own you are really at a disadvantage. My advice: find a lawyer, find a lawyer, find a lawyer - and besides that - don't cross the street or even think another thought before you find a lawyer.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 11/30/01, 11:25 am


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