Question Regarding Disputed Total Loss of Vehicle
Hi everyone,
My wife was recently involved in a vehicle accident where she was Vehicle #3. The first two vehicles made minor turns, which led to them colliding, causing one of them to spin and hit my wife’s car.
Initially, her vehicle appeared to have minimal damage, but a mechanical evaluation revealed frame damage. She was driving a 2009 Honda Civic at the time.
The insurance company has assessed the total loss value at approximately $4,900, including all fees.
I’m wondering if there are any avenues for personal or professional litigation in this situation, given that my wife was not at fault and did not contribute to the accident in any way. We are considering the sentimental value of our “family car,” as well as the emotional distress and financial strain this accident has caused us, particularly since we now need to purchase a new vehicle. Fortunately, my wife did not sustain any injuries.
It just feels unfair to accept the insurance company’s base “total loss value,” especially since she was involved in an accident due to someone else’s actions.
I appreciate any insights or advice you can provide. Thank you!
I’m sorry to hear about your wife’s accident; that sounds really frustrating. Here are some things to consider regarding your situation:
Insurance Valuation: The total loss value provided by the insurance company is often based on the market value of the vehicle before the accident, which can be difficult to contest. In cases like this, you may want to gather evidence of your car’s condition before the accident (photos, maintenance records) and research similar cars for sale in your area to potentially negotiate a higher valuation with the insurance company.
Liability: Since your wife was not at fault and just an innocent bystander in the accident, you may have a stronger case. If the other driver(s) were found negligent, you could consider pursuing a claim against their insurance for the difference in the car’s value and other damages.
Pain and Suffering: It’s more challenging to claim pain and suffering without a physical injury, but if the emotional distress from the accident is significant, you might want to discuss this with a legal professional. They can advise you on the feasibility of including such claims in your case.
Sentimental Value: While courts generally don’t award damages for sentimental value, sometimes a well-documented and persuasive argument about the car’s significance to your family can impact negotiations. Keep in mind that this is usually a high hurdle to clear in litigation.
Consult a Professional: It may be worthwhile to consult with an attorney who specializes in insurance claims or personal injury cases. They can offer tailored advice based on your specific circumstances and help you understand your rights and options.
Negotiation: Don’t hesitate to negotiate with the insurance company, and be persistent. Sometimes, backing up your claims with evidence or a detailed argument about the car’s value can yield a better settlement.
It sounds like you’re feeling the emotional and financial strain from this situation. It might help to keep a detailed record of all your expenses and any correspondence with the insurance companies. Good luck, and I hope you find a resolution that feels fair to you and your wife.