Visitor Question

Almost killed by tanker truck with liquid hydrogen…

Submitted By: Freddie (Dallas, GA)

I was driving east on a 2-lane highway and a tanker truck hauling liquid hydrogen made a left hand turn directly in front of me. I was able to steer my vehicle to the left and the rear end of the tanker truck caught the hood/front bumper area and scraped down the entire right side of our vehicle. Fortunately, we did not suffer any major physical injuries.

The driver of the tanker truck was cited for Failure to Yield and stated he did not see me. Our vehicle has been declared a total loss by the company’s insurance carrier. The amount of the settlement in no way makes it possible for us to purchase a suitable vehicle.

Since the accident, I have had trouble sleeping and concentrating on everyday activities. I am also very stressed when I have to drive anywhere. My husband is 79 and I am 76. We do not have the finances to get an adequate vehicle. We were both traumatized by this accident that could have resulted in an explosion killing us, the driver of the truck, and other people near the collision. It has caused us severe mental anguish and anxiety.

What can we do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Freddie,

The truck driver was clearly at-fault. As a result, the driver, through his or her insurance company is obligated to pay for your husband’s and your medical bills and resulting expenses. The insurance company is also obligated to pay for the repairs to your car.

However, if the insurance  company decides it would be too expensive to repair the car, the insurance company can instead decide to “total” the car and pay you for its fair market value. Unfortunately, especially in older cars, the fair market value is often much less than the original purchase value. Moreover, the payment for fair market value is also much less than the cost to purchase a car of similar value. This is the situation in which you find yourselves.

In an effort to convince the insurance company to increase its offer, go online and look in newspapers where cars are sold. Find cars which are similar in year, condition, and mileage. If the advertised prices for those cars are higher than the amount the insurance company is offering, then copy the advertisements along with the prices. Copy anywhere from 5 – 10 of the advertisements.

Contact the insurance company claims adjuster you’ve been working with.  Send the advertisements to the adjuster and tell the adjuster you want to be paid the amount of the highest advertised car. Hopefully, this will help you to convince the insurance adjuster to pay you more.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 14, 2017

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