Legal Question in Personal Injury in Missouri

You are not required to hire legal counsel to obtain justice for yoru losses. However, all the data I have seen shows that those who do retain counsel get more money that those that don't. It is kind of like cutting yoru own hair. You can do it, but you understand that it usually comes out better when done by a professional.

As to the value of your totalled vehicle. You are not required to accept anything below the fair market value of the vehicle that is destroyed. How that value is figured, is where the negoation comes in. If you the other driver's insurer wants you to use the private party sale value, then you are not automatically lost. Find someone that has offered a vehicle liek yours for sale. Often these are listed for more than the other means of determining value. If not, then push for the insurer to use the Kelly Bluebook or other authority's valuation. If it goes to court, you would each present what evidence you feel is valid for the court to determine the value, and you woudl be able to testify as to what you say teh value is. The Cour twoudl take all these opinions and decide the value in the case.

Most times, the money to be gained by suing for property damage is outweighed by the expense and hassle of the litigation, so many people do not sue fo the value of the vehicle. But, if you are contemplating suing for pain & suffering, you might consider adding the value of your totalled vehicle to that suit.

If you need a referral to an attorney to discuss the merits of your pain and suffering suit, or porperty damage, you may contact me via email.

Good luck

You don't always need a lawyer, but when dealing with Allstate you frequently do. They can be very difficult to deal with, and many times filing a lawsuit is the only way to get a fair result. That's exactly how they want it, in my opinion, because many people just give up and give in rather than fight. Exactly what the "private party sale amount" means is unclear, but generally they only have to pay for the "fair market value" of the vehicle. Regardless, get many, many good, high-quality digital pictures of your car from every angle before turning it over to them. In many cases the degree of damage to your car (or lack of it) is used by Allstate to claim that you weren't really hurt. Good photos may serve as a basis to refute that claim.

Please be aware that the statements and opinions provided above are just a broad informational service to the general public. Since this reply is based upon an incomplete description of facts, this email can not used as a substitute for legal advice from a qualified and fully-informed attorney. Also, these communications are intended for use by the public, and this email does not constitute a confidential communication nor does it create an attorney-client relationship with Curran Law Firm or any of its members.

Rob Curran

Curran Law Firm

3516 South National Avenue

Springfield, MO 65807

www.CurranLawFirm.com