Legal Question in Personal Injury in Ohio

D

I was involved in an auto accident that was not my fault. I drive a 2000 Dodge Neon SE - Fully Loaded.

Part 1: The insurance company/adjuster is saying there is $6300 worth of damage. The body shop owner where my car was towed says he can't fix the engine damage let alone the body damage for that amount? Can I get my own estimates? How many do I need?

Part 2: If the car ends up totalled, by law in Ohio, how is the value of the car determined? Above the value should I be compensated for tax and title expenses?

Thanks.


Asked on 8/21/03, 10:48 pm

2 Answers from Attorneys
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: Damage to auto

You are entitled to the fair market value of your vehicle as damages if it is totalled. You will give the vehicle to the insurance company and receive the money. If you want to have the vehicle repaired and the repair costs are in excess of the fair market value of the vehicle, then you are only entitled to the fair market value, if the repair costs are less than the fair market value, you will get the repair costs. You will be compensated for all incidental damages arising from the damage of the vehicle.

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Answered on 8/22/03, 9:43 am
Timothy Hess T. Hess & Associates, LLC

Re: D

The insurace co must compensate you for the repairs to your vehicle and you pick where the vehicle is to be repaired, not the insurance company. If the total cost to repair the vehicle exceeds the fair market value of the car, the insurance company will total out the car and give you what it is worth. THey compare it to other vehicle comprable to yours in the area and what they are being sold for.

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Answered on 8/22/03, 2:25 pm


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