Car Accident Dilemma
Hello everyone, this is my first time posting here, but I’ve been searching for advice regarding a challenging situation I’m facing, and I hope to get some insights from you. I apologize in advance for the length of this post, but there’s a lot to unpack.
I’m originally from Maryland but had driven my car down to Florida to visit a friend. While we were out having dinner, my friend received a call from a neighbor letting her know that my parked car was hit. We hurried back to her place to find my car completely totaled, surrounded by police, and the vehicle that struck it was also a rental. To complicate matters, the driver was a 13-year-old boy, who was accompanied by his father.
I’ve already begun the claims process with both my insurance and the rental company’s insurance. However, I recently learned that the father misled the rental company, claiming the son took the car without permission. Now, I need some guidance because the rental company is likely going to deny my claim, arguing that a 13-year-old shouldn’t have been driving—thus constituting a breach of contract. On the other hand, my own insurance is offering me about $3,000 less than what I still owe on my car loan. I owned a 2013 Toyota Prius with approximately 150,000 miles, and I still have $9,000 left on my loan, but they’re only offering $6,000 based on their assessment of “cash value,” treating it as if it were a private sale rather than using dealership values.
I’ve got full coverage and collision insurance, yet a lawyer I consulted said he couldn’t take the case since there were no physical injuries involved. So far, I’ve written a denial letter and found around four Craigslist listings for similar cars (same make, model, year, and mileage) priced between $9,000 and $10,000, which I’m using to support my case.
Is there anything else I can do to ensure I break even in this situation? Any advice or insights would be greatly appreciated! Thank you!
I’m really sorry to hear about your situation; that sounds incredibly frustrating and stressful. Here are a few suggestions that might help you navigate this process:
Get a Professional Appraisal: Since you have found ads for your car that indicate higher values, consider getting a professional appraisal. An appraiser can provide an official valuation which might help your case with your insurance to prove that your car is worth more than what they’re offering.
Document Everything: It sounds like you’ve already started doing this, but make sure to keep a detailed record of all your communication with the insurance companies, the rental company, and any relevant documents (like photos of your car, the accident report, and evidence of pre-accident condition and value).
Follow Up with Your Insurance: Since you have full coverage, you might want to escalate your conversation with your insurance company. Request to speak with a supervisor if you feel like you’re not getting a satisfactory response. Sometimes, putting your case in front of someone with more authority can make a difference.
Consult Another Lawyer: While the first lawyer you spoke with may not be able to take the case due to the lack of injuries, another lawyer might have a different perspective or approach. Look for personal injury attorneys who specialize in auto accidents; they might be more willing to help you navigate claims involving minors and rental vehicles.
Contact the Rental Company: You might want to reach out to the rental company directly to explain the situation in detail. Provide them with any evidence that the father was present and the child was not legally able to drive. They might reconsider their stance, especially if they see any legal liability on their part.
Consider Filing a Complaint: If you feel that the insurance company is not treating you fairly, consider filing a complaint with your state’s insurance regulatory agency. They can sometimes help mediate disputes.
Explore Options for Underinsured Motorist Coverage: Depending on your state laws and your policy, you might be able to pursue a claim under your own underinsured motorist coverage, which could help bridge the gap.
Stay Persistent: Insurance claims can be a slow and frustrating process, but persistence is key. Keep advocating for yourself and don’t hesitate to reach out to other resources, like consumer advocacy groups, for additional support.
I hope this helps, and I wish you the best of luck in resolving your situation!