What should I do if I was in a bad car accident and the defendent’s car insurance doesn’t want to pay me out for my beyond repaired car?

UPDATED: Dec 29, 2011

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What should I do if I was in a bad car accident and the defendent’s car insurance doesn’t want to pay me out for my beyond repaired car?

I have a 17 year old vehicle and my insurance doesn’t come with damage repairs. I was in an accident and it was the other person’s fault. I spoke with the other drivers insurance company and they’ve explained to me that my car was a total lost. I’ve been calling the drivers insurance for a month and it seems nothing is being done. I’ve asked the insurance company would it be possible for a pay out and they’re “looking into it”.

Asked on December 29, 2011 under Accident Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were involved an accident where your car was deemed a total loss, you are entitled to the fair market value of your vehicle at the time of the accident under the law assuming that you you can establish liability.

Depending upon the fair market value of your vehicle, it might be worth while to consider filing a small claims action against the driver of the vehicle who struck your car to speed up the resolution of your matter. Make sure that the jurisdiction of small claims court in your state is big enough to cover your claimed damages. You might consider consulting with a personal injury attorney about your situation.

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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