Unusual Car Accident Situation
Hello everyone, this is my first post here, and I’m seeking some advice on a tricky situation I’m experiencing. I appreciate your patience as I explain the details.
I’m from Maryland but drove my car down to Florida to visit a friend. While we were out eating, a neighbor called my friend to inform her that my car had been hit. We rushed back to her place only to find my car completely totaled, surrounded by police. The car that hit mine was a rental, and shockingly, the driver was a 13-year-old boy accompanied by his father.
I have already filed claims with both my insurance and the rental company. However, I discovered that the father lied to the rental company, claiming his son took the car without his permission. Here’s where I need some guidance: the rental company is likely going to deny my claim because a 13-year-old shouldn’t have been driving, which they consider a breach of contract.
Additionally, 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 roughly 150,000 miles on it. I owe $9,000 on the loan, but they’re only offering me $6,000 based on “cash value” as if it were a private sale rather than using dealership valuation. Even though I have full coverage and collision, the lawyer I consulted yesterday declined to take the case due to the absence of injuries.
So far, I’ve drafted a letter disputing their valuation and found four Craigslist listings for my make and model, priced between $9,000 and $10,000. I’m currently waiting for responses from those sellers.
Is there anything else I can do to ensure I break even in this situation? Any advice would be greatly appreciated!
I’m really sorry to hear about your situation; that sounds incredibly frustrating. Here are a few suggestions that might help you navigate this:
Determine Actual Cash Value (ACV): Since your insurance is offering significantly less than what you owe, it’s important to gather evidence of your car’s value. Besides Craigslist ads, consider looking at listings on websites like Autotrader, Kelley Blue Book, or Edmunds to find comparable vehicles and their prices. Document all of this to support your case.
Negotiation with Insurance: Once you have gathered your evidence, present it to your insurance adjuster. They may reconsider their offer if you can demonstrate that the market value is higher than what they initially proposed.
Check for Underinsured and Uninsured Motorist Coverage: Depending on your state and your policy, you may have additional coverages that could help if the rental company denies your claim. It’s worth reviewing your policy or speaking to your insurance agent about this.
Contact the Rental Company Again: Although the rental company may deny your claim due to the circumstances, it’s worth continuing to communicate with them. Make sure they have all the facts and evidence you possess, including the fact that the driver was only 13 and shouldn’t have been behind the wheel.
Seek an Attorney’s Help: Even if the first lawyer you spoke to wasn’t interested in pursuing the case, there may be others who would be. Look for attorneys who specialize in motor vehicle accidents or insurance disputes. Often, a consultation is free, and they can provide valuable insight into your particular situation.
State Consumer Protection Agency: Contact your state’s consumer protection agency for advice. They often deal with cases involving insurance disputes and may be able to guide you on how to proceed.
Document Everything: Keep records of all communications with insurance companies, the rental company, and any other relevant parties. This will be useful if you need to escalate the matter or pursue legal action later on.
Local Support Groups: Try joining local or online forums for advice from others who have been in similar situations. They may provide insights or suggestions you haven’t considered.
Follow Up Regularly: Be persistent. Follow up with all parties involved to ensure your claim is being processed and addressed.
I hope you find a resolution soon! It’s a tough situation, but with persistence and the right approach, you may get closer to breaking even.