Legal Question in Traffic Law in Rhode Island
No fault car accident
''My friend's fiance was driving her car in Rhode Island and was at a stop sign when a man plowed into the back of him.
The car was a 1991 Toyota that was in perfect working condition and was reliable.
The insurance company of the man has only offered $3,600 for the car of which another reliable car cannot be replaced for that amount. They are nervous that her rates will increase if they go through her insurance company.
Additionally, they need to return the rental car by Saturday...that is not enough time to research and buy a new car when she was just given the numbers today (Wednesday).
What should they do?? She lives in CT and has about an hour commute to work each way.
It doesn't seem fair that if it was not their fault that they should be penalized.
They also don't have the money to shell out to wait for reimbursement while this case gets disputed for a year.'';
1 Answer from Attorneys
Re: No fault car accident
1. Get on the net and research the NADA Bluebook value for the car. NADA.com will provide you with sufficient information.
2. They are not entitled to the cost of replacing their car, only the value of the car at time of destruction.
3. Reconsider submitting a claim under their policy - insurance rates do not increase when the wreck is not the fault of the insured. Her insco will pay, less deductible, and pursue the other driver. They will return the deductible if they recover it. This is the fastest/easiest way.
Otherwise, be prepared to argue this claim with the other company for a long time and lose the rental car after 10 days to 2 weeks.
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