Legal Question in Insurance Law in Virginia

auto totaled

While attending heart patient physical therapy, the hospital parking valet rammed another car into my 80yr mother's car; totaling it. Hospital authorities wouldn't let my mother see her vehicle or retrieve her belongings and gave her a ride to her house. The valet company's insurance settlement offer will not purchase anything near to what she has lost according to our research thus far. Does she have a case or should she just consider herself screwed? The car; 2001 Saturn SL1 w\50000miles excellent condition. Alstate's offer; $6949less$250ded =$6699.

Event took place in Richmond VA


Asked on 3/31/07, 3:30 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: auto totaled

Yes, of course, your mother has a case for damages against the valet company as well as their employee for the latter's apparent negligence in destroying her automobile. However, if the fair market value of the car at the time of its loss was more or less what the insurance carrier is offering in settlement, there would be little point in attempting to litigate the matter if the only recoverable damages were for the vehicle and nothing else.

I note, however, you apparently believe the losses are much higher than

what has been offered but give no indication of the basis for this belief as the only loss referenced in your question is your mother's car. (Blue book value for a seven year old Saturn with 50K miles is probably no more than around $7K.)

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Answered on 4/11/07, 11:32 pm


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