Driver totaled my parked car...
(Belleville, NJ USA)
My car was parked on the street when it was hit from the back by a motorist. My car was totaled. The car was paid off and it was the only thing I owned of value, and I needed it to get back and forth to work. I am a single mom of four. It's been 20 days since the crash. My rental was due back today and my check supposedly will be another week to 2 weeks to arrive.
I have missed three weeks of work, AND the $4900 the insurance is paying me for my car is not enough to buy a safe used car in good shape, and I have no credit so I can't buy or lease a car.
Can I get my 3 weeks of pay, plus more money to buy myself a safe car for me and my kids from the other person's insurance? I wasn't even driving my car and this unfortunate incident means no Christmas presents for my kids. I can't even afford a tree! :( Thanks for any info you can give.
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ANSWER for "Driver totaled my parked car...":
Elizabeth (Belleville, NJ USA):
Your having missed three weeks of work is unfortunate, but it will be difficult to convince the insurance company to pay you for those three weeks. In all likelihood they will state you could have taken a bus, asked someone to pick you up, or otherwise have found alternate and reasonably priced transportation to and from work.
While difficult to accept, the insurance company only has to pay the value of the car at the time of the collision. But you can certainly attempt to convince the insurance company to pay you more than $4,900.
To do so, go to the classifieds, CraigsList, or other sources where cars are listed for sale. Find as many cars as you can which are similar in make, model, and year to your car, and in similar condition.
If the amounts the cars are being offered for are higher than $4,900, copy that information and send it to the insurance claims adjuster assigned to your claim. Hopefully it helps convince the adjuster to offer you more money.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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