Legal Question in Traffic Law in Utah

I was in a traffic accident, was hit from behind. The driver at-fault's insurance company wants to total my car and offer 800 for it, yet I have done research and have documentation that to replace my car locally, it would cost around 1800 to 2800, and even the Kelley Blue Book for my car in good condition is 1600. It is a 1994 Nissan Sentra, it is mechanically sound, good tires and rims, maintained well, 236,000 mile.

This happened on 8/25/10, and my car has been sitting in the driveway until today, 9/8/10, when

the insurance adjuster came to inspect it. I have had no transportation during this time, and I have lost 5 days of work @ 300 per day as a result.

My question is this : Do I have any options to pursue? From my point of view, one minute I had a working car, and a moment later, I am out 800 dollars.


Asked on 9/08/10, 4:04 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

You are entitled to repair of your car or at the option of the insurance company the fair market replacement value. You do not need to accept less. The miles will be a major factor.

You are also entitled to your lost work income.

You should be watchful for latent physical pain from the accident. If you have neck, back or other pain from the accident you will need to see a doctor asap.

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Answered on 9/20/10, 8:28 pm


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