Legal Question in Personal Injury in New Jersey

Auto Accident - hit from behind

I had an auto accident where I was parked on the shoulder of the road and was hit from behind by another vechile that was moving at around 40 mph. When dealing with the insurance company for repairs or payment on a totaled vechile, question is do we have to settle with their offer or is there any power of negotiation being that the accident wasn't my fault. I have a 1985 Mustang GT that was in excellent condition and with the damages that were made I fear the car will be totaled. The book value of the car is a lot less than what the car was worth to me. There was a lot of work done on the car that if it was sold I would have gotten more than what book value says.


Asked on 12/12/99, 1:21 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Auto Accident - hit from behind

I can't answer your question specifically because I do not have all of the factual details. However, in general, the insurance company will be required to pay you the fair market value of the car. This is not necessarily the book value. If you believe that the amount they are offering is not enough, you can file suit and have a Judge determine the proper value. You need to be prepared to have expert testimony at trial as to the value. You may want to contact the bar association of the county in which you live. For a small amount of money (generally $25.00 to $30.00), you can have a consultation with a lawyer who will be able to review the entire situation and advise you of your rights. If you want me to assist you, feel free to call me at 856-546-8010. Mention Law Guru and it will be a free telephone consultation. Good luck!

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Answered on 12/14/99, 12:23 pm


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