Unique Car Accident Situation
Hello everyone, this is my first time posting here, and I’m reaching out for some advice on a tricky situation I’m facing. I’ll try to be concise, but there’s a lot to unpack, so I appreciate your patience.
I’m originally from Maryland but drove down to Florida to visit a friend. While we were dining out, a neighbor called to inform us that my car, parked outside my friend’s house, had been hit. We rushed back to find my car completely totaled, the police on the scene, and the vehicle that caused the damage was a rental, driven by a 13-year-old child with his father present.
I’ve initiated claims with both my insurance and the rental company. However, I’ve learned that the father lied to the rental company, claiming the child took the car without his knowledge. Now, I’m seeking advice because the rental company is likely to deny my claim due to the unlawful nature of a minor driving, citing a breach of contract. Meanwhile, my own insurance is offering me about $3,000 less than what I still owe on my loan. I had a 2013 Toyota Prius with approximately 150,000 miles, and I still owe $9,000 on it, yet they’re only willing to pay around $6,000, explaining that they will only compensate based on “cash value” as if it were a private sale rather than dealership numbers.
Despite having full coverage and collision, I spoke with a lawyer who declined to take my case since there were no injuries involved. I’ve written a rebuttal letter and gathered several Craigslist ads for similar makes and models priced between $9,000 and $10,000. I’m awaiting responses on those listings.
Is there anything else I can do? My goal is simply to break even on my loan. Thank you for any suggestions you might have!
I’m really sorry to hear about your situation; that sounds incredibly frustrating and stressful. Here are a few steps you might consider taking to address your issues:
Document Everything: Keep a detailed record of all communications with both your insurance company and the rental company. Document the claims process, including dates, names of representatives you spoke with, and details of each conversation.
Get Independent Valuations: Alongside the Craigslist ads you’ve already collected, consider getting a valuation from resources like Kelley Blue Book or Edmunds. This can help you establish a more robust argument for the value of your car.
Consult a Different Attorney: If the first attorney you consulted wasn’t willing to take your case, try reaching out to another personal injury attorney or a lawyer specializing in automotive claims. They may have different perspectives or strategies, even if there are no injuries involved.
Contact Your Insurance Commissioner: If you feel your insurance company isn’t treating your claim fairly, you have the right to file a complaint with the Maryland Insurance Administration or the Florida Department of Financial Services. They can often help mediate disputes.
Negotiate with Your Insurance: Be persistent with your insurance company. Present them with the evidence you’ve gathered and politely insist on a review of your case. Sometimes, just being proactive and assertive can lead to better outcomes.
Consider Small Claims Court: If negotiations fail and you truly believe you’re owed the difference, look into filing a claim in small claims court. Make sure you have all your documentation and evidence prepared for this.
Explore Uninsured Motorist Property Damage Coverage: Depending on your policy, you might have uninsured motorist property damage coverage which could come into play since the person driving the rental car was underage and not covered under their contract.
I hope these suggestions help you in your pursuit of a fair resolution. It’s unfortunate to have to deal with so much during a stressful situation like this. Good luck!