Will the at-fault driver's car collision insurance replace my car?

by Anonymous

I was in my car sitting at a stop sign and got reared ended so hard it pushed me into another car. I have about $8,000 worth of damage to my vehicle (it was a 2007 and only had 16 thousand miles on it). I also have a cervical strain.

I'm wondering if I will be able to replace my car since I had low miles and not a scratch on it. The guy who hit me has insurance. Now what? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Will the at-fault driver's car collision insurance replace my car?":

Here is how it works...

Presuming the at-fault driver’s insurance company accepts liability for the collision, their Claims Adjuster may present you with a couple of choices.

The choices relate solely to the automobile and not to any personal injuries you may have suffered. Any injury discussions would be at a separate time, and probably with a different separate Claims Adjuster.

The Claims Adjuster will go to Kelley’s Blue Book or a similar trusted automobile value source. She will have substantial experience in evaluating damages to a vehicle and the cost of repairs. The Adjuster will then compare the $8,000 in repair costs to the Kelley Blue Book value your car. If the trade-in value of your car is equal to or less than the $8,000, the Adjuster may “total” your car and offer you a couple of choices.

The Adjuster may offer to pay you the Kelley Blue Book value of the car and let you keep it, or the Adjuster will buy the car and offer you some money to go with it.

This may sound harsh but it is within the insurance company’s right to make such offers.

Without knowing the make and model of your car it is difficult to know the actual value of the car, but from the age of the car and the low mileage there is a high probability the Adjuster will just pay for the repairs.

If the Adjuster is going to pay for the repirs do not let her choose the body shop where the repairs will made. Instead chose your own. It is also very important for you to demand that only OEM replacement parts be used. (OEM are original factory replacement parts). If not then the body shop, in an effort to make a larger profit, will use inferior "secondary market" parts.

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,

Judge Calisi

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