Question About Car Total Loss Dispute
Hi everyone,
My wife was recently involved in a car accident where she was Vehicle #3. Vehicles #1 and #2 made minor turns that led to them colliding with each other, which then caused one of them to spin and hit my wife’s car.
Initially, it seemed like there was minimal damage to her vehicle, a 2009 Honda Civic. However, a mechanical evaluation revealed frame damage.
The insurance company has assigned a total loss value of approximately $4,900, including all fees.
I’m wondering if there is any precedent for successful personal or professional litigation in a situation where my wife did not contribute to any negligent driving that would justify increasing the settlement value. We are emotionally attached to the car as our “family vehicle,” and we are also facing financial strain from needing to purchase a new car.
While she did not sustain any injuries, it feels unfair to accept the basic total loss value after she was involved in an accident caused by others.
I appreciate any guidance or advice on this matter. Thank you!
I’m sorry to hear about your wife’s accident. It’s understandable to feel frustrated, especially when there’s sentimental value tied to a vehicle and the unexpected financial burden of replacing it.
In terms of pursuing additional compensation, you have a few options to consider:
Insurance Negotiation: First, it’s worth negotiating with the insurance company. Gather evidence of your car’s condition before the accident, such as maintenance records, photographs, and any recent upgrades. This can help push for a higher settlement.
Compensation for Emotional Distress: Although your wife wasn’t injured, some jurisdictions allow for compensation for emotional distress caused by accidents. However, this can be harder to prove without physical injuries, and success varies by case.
Legal Consultation: It may be beneficial to consult with a personal injury attorney who has experience with auto accidents. They can provide guidance on the viability of pursuing a claim based on the situation and local laws.
Claiming for Diminished Value: In some cases, you may be able to claim for diminished value, which considers that even after repairs, the vehicle’s value may be less than it was prior to the accident.
Document Everything: Make sure you keep thorough records of all communications with your insurance company and any expenses related to the accident.
Ultimately, the success of any litigation or negotiations will depend on various factors, including local laws and the specifics of the accident. Consulting with a professional could help clarify the best course of action for your situation. Wishing you the best of luck as you navigate this process.