Legal Question in Personal Injury in Tennessee

Hello, 2 of my sons were in a car accident last month. My sons were stopped in traffic and a driver ran into the rear of their vehicle and forced them to hit the vehicle in from of them. The car that they were driving was a 1997 Toyota avalon which, the insurance company (of the individual the hit my sons) declared the car a total loss. They are offering me substantially less than the NADA book value on the vehicle. They offered $3,400, the NADA book value is $4,975. I forwarded them that information along with advertisement for the same type of vehicle which ranged in price from $3,000 to $7,000 with an average of $4,400. Their response was that is not how the value the vehicles and would not change their offer. Basically they said what we offer is all that we will pay. They also indicated that they were not resposnsible for any rental car expense after they notified me that the vehicle was a total loss. Are they correct? What are my options?


Asked on 11/05/09, 4:43 pm

1 Answer from Attorneys
Michael McNulty McNulty & Associates

You can tell them you are going to file a claim in General Sessions Court for your county and try and force their hand. The company will spend more on an attorney than the price difference they are arguing about. If they do not budge, you can file a claim in General Sessions Court in which you can argue that your car is worth far more than what the insurance company is willing to pay. It is not a difficult process but you must be prepared with all necessary documentation.

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Answered on 11/10/09, 7:17 pm


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