Strange Car Accident Experience
Hello everyone, this is my first time sharing here, but I’ve searched extensively online and feel a bit stuck with my situation. I apologize in advance for the lengthy post, but there’s a lot to unpack, and I’d appreciate any guidance you can offer.
I’m from Maryland, but I drove down to Florida to visit a friend. While we were having dinner, I received a call from her neighbor saying my car had been hit. We rushed back to her house and were dismayed to find my car completely totaled, surrounded by police. The vehicle that crashed into mine was also totaled and was a rental car being driven by a 13-year-old, with his father in the passenger seat.
I’ve filed claims with both my insurance and the rental company, but I discovered yesterday that the father misled the rental agency, claiming his son took the car without his knowledge. Now, I need some advice on the following: the rental company is likely going to deny my claim, citing that a 13-year-old shouldn’t be driving and that it’s a breach of contract. Meanwhile, my own insurance is offering me about $3,000 less than what I owe on my car loan. I had a 2013 Toyota Prius with around 150,000 miles on it. I still owe $9,000, but they’re only willing to provide $6,000, arguing they will only pay out “cash value” as if it were a private sale, rather than dealership pricing.
I carry full coverage and collision, but a lawyer I consulted yesterday declined to take my case due to the lack of injuries involved. So far, I’ve written a rebuttal letter and found a few Craigslist ads for similar cars—same make, model, year, and mileage—priced between $9,000 and $10,000. I’m currently waiting for responses to those ads.
Is there anything else I can do? My goal is simply to break even. Thank you for any help!
I’m really sorry to hear about your situation; that sounds incredibly frustrating. Here are a few steps you might consider taking to improve your chances of getting a fair resolution:
Document Everything: Make sure you have all documentation related to the accident, including police reports, your insurance policy details, pictures of your car, and any communication with your insurance company and the rental company.
Compile Evidence of Value: Since you’ve already found Craigslist ads for similar vehicles, gather those as well as listings from reputable sources like Kelley Blue Book or Edmunds. This will help establish a more accurate market value rather than relying solely on your insurance company’s “cash value” assessment.
Challenge Your Insurance Offer: Submit your evidence of vehicle value to your insurance company as part of your rebuttal. You may want to send a formal letter asking them to reconsider their offer based on the fair market value you’ve found.
Contact the Rental Company Again: Since the driver was underage and there seems to be a dispute about liability, follow up with the rental company to insist they investigate the claim thoroughly. If the father misrepresented the situation, that could affect their coverage.
Consult a Different Lawyer: It’s unfortunate that the first lawyer didn’t take your case due to the lack of injuries. However, it might be worthwhile to consult with another attorney who specializes in auto accident claims or insurance disputes, especially one familiar with cases involving minors.
Research State Laws: Investigate Maryland and Florida laws regarding liability in accidents caused by minors. Understanding these laws could give you leverage in negotiating with the insurance companies.
Consider Small Claims Court: If negotiations fail and you still can’t reach a satisfactory settlement, you might want to consider taking your case to small claims court against the driver (or their guardian) since their actions led to your loss.
Stay Persistent: Insurance companies often hope people will accept the first offer. Keep pushing for what you believe is fair compensation.
I hope this helps, and best of luck getting the resolution you deserve!