Legal Question in Personal Injury in Tennessee
Car damage and tow co. sold it for scrap before adjuster saw it
I was involved in a car acc. 3 20 99 other driver turned left in front of me on acc report show him as neg (failure to yeild) when I subitted my claim they wanted permission to look at my car but the tow company had sold it for scrap without my ok or me recieving any consideration, I provided Ins co with photo of my car and note from tow company including est. that stated totaled and where tow co sold car. Will the other drivers ins still pay my damage claim.... help
2 Answers from Attorneys
Re: Car damage and tow co. sold it for scrap before adjuster saw it
Based upon the facts you have submitted, if the person that turned in front of you was the casue of the accident, then their insurance company should pay for the damage to your car. If they do not pay, you can file a lawsuit in General Sessions court for the property damage. If you are the owner of the vehicle, you can prove your damages by stating the Fair Market Value of the vehicle before the accident was X and the Fair Market Value of the vehicle after the accident was Y.
Re: Car damage and tow co. sold it for scrap before adjuster saw it
It's a little out or the ordinary that a tow company would sell your car so quickly. How long did they have it before it was sold?.....If another person's negligence caused the accident, then he (or his insurance company) should have to pay for the damage. Did you have insurance? If so, you can call on your own insurance to pay the claim...provided it was submitted to them promptly after the wreck....
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