What should I do if I was recently in car accident that was the other car’s fault and my car is a total loss but they will not fix it?

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What should I do if I was recently in car accident that was the other car’s fault and my car is a total loss but they will not fix it?

I drive a 2 year old car with the average value of around $14,000. They are only offering around $8,000 and I still have a payoff for the car. I am wondering if I take the $8,000 they are offering, can I also ask for an inconvenience payment? It would be for having to now find a new car and taking time out of my days, calling the tow truck, collision center, insurance companies, not to mention going back and forth to the police station 3 times to get a copy of the police report. So should I ask for this payment along with what they’re giving for the car? And how much should I ask for? Do I need an attorney?

Asked on September 26, 2014 under Accident Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no such thing as an inconvenience payment, but it is a great idea. Unfortunately that is not how things are valued.  You say the "average" value of the car is $14,000.  That would mean that your offer is not that far off the low end of what would be averaged. I would go online and find every article you can about how a car is valued: value before and after, salvage value, etc., and come back at them with a better number.  Just because they offered you that does not mean you have to take it but you need to understand the numbers.  There are too many variables to consider to estimate that number here for you.  Good luck.


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