What to do if my neighbor hit my parked car but her claims adjuster came and wrote my car off as a total loss?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my neighbor hit my parked car but her claims adjuster came and wrote my car off as a total loss?

It 13 years old, so she said that the cost to fix outweighed the value. Can I collect the money they are willing to give me for repairs and sue my neighbor for the remainding balance of my repairs? The insurance company offered me an amount to total it and it was not face value it was the value of the care in its present condition busted bumper, so needless to say the offer was very little. I want to keep my car but dont feel like its my fault and I shouldn’t have to put money out of pocket for repairs.

Asked on September 24, 2012 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely you will not be able to take what the insurer is offering and then sue for  more money; that is because you will almost certainly have to sign some sort of a settlement and release agreement or waiver in which you give up your right to sue in exchange for receiving the payment. Insurers require you to do this specifically so people won't do what you are suggesting. Therefore, you will probably have to choose between excepting what is offered and suing for what you think you deserve.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption