How can I get the most out of my auto accident settlement?

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How can I get the most out of my auto accident settlement?

I was hit by a drunk
driver, the police
determined him at
fault and issued the
citation. Now they
want to total my car
and pay it off and I
am stuck with nothing,
just break even?

Asked on July 15, 2016 under Accident Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The most you are legally entitled to is the sum of:
1) The then-current fair market or blue book value of a totalled car;
2) Any out-of-pocket car rental costs for the short term, until you reasonably can be expected to buy/lease a new car, and towing costs;
3) Any lost wages, if you missed a day or two of work due to this;
4) Any out-of-pocket medical costs, such as if you were checked out by an ER.
Total your costs and present them your insurer, if you have relevant coverage; or to him and his insurer, if you don't. Whatever is not offered or paid to you, including a deductilble, is something you can sue him for.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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