Unexpected Car Accident Situation
Hello everyone! This is my first time posting, and I’m reaching out because I’ve been searching online for guidance on my current predicament. It’s a bit lengthy, so I appreciate your patience and any advice you may have.
I hail from Maryland but drove down to Florida to visit a friend. While we were at a restaurant, a neighbor called to inform my friend that my parked car had been struck. We rushed back to find my vehicle completely totaled, with police on the scene. The car that hit mine was a rental, and shockingly, the driver was a 13-year-old boy, accompanied by his father.
I’ve filed claims with both my insurance and the rental company. However, I discovered that the father misled the rental company by claiming his son took the car without his permission. Here’s where I need some advice: the rental company is likely going to deny my claim, citing that a 13-year-old shouldn’t have been driving, which breaches their contract. Additionally, my own insurance company is offering me about $3,000 less than what I owe on my loan for my 2013 Toyota Prius, which had around 150,000 miles. I still owe $9,000 on the loan, but their offer is only $6,000, as they value the car based on private sale prices rather than dealership figures.
I have full coverage and collision, but when I consulted a lawyer, they declined to take the case due to the absence of injuries. So far, I’ve written a rebuttal letter and found four Craigslist listings for similar vehicles in the range of $9,000 to $10,000. I’m waiting for responses on those ads.
If anyone has any further suggestions on how to proceed, I would greatly appreciate it. My goal is simply to break even. Thank you!
I’m really sorry to hear about your situation; that sounds incredibly frustrating! Here are a few steps you can consider to try to resolve this:
Document Everything: Keep meticulous records of all communications with your insurance and the rental company. Document the accident scene with photos, any police reports, and witness statements you can gather.
Negotiate with Your Insurance: If your insurance is offering you less than the loan amount, you can negotiate. Present the evidence you gathered (like the Craigslist ads and any market research you did) showing the fair market value of your car. They might reconsider their offer based on this information.
Get a Professional Appraisal: If your insurance refuses to budge, consider getting an independent appraisal of your car’s value. This gives you an official perspective on what it was worth before the accident.
Consider Legal Counsel: Even though the attorney you spoke with may not be interested due to the lack of injuries, consider finding a personal injury attorney who specializes in auto accidents. They might have a different perspective or be able to help with negotiating a better settlement.
File a Claim Against the Parent: Since the child was driving without permission, the parent may be liable for damages. Consulting with an attorney on this point could help you pursue compensation from them as well.
Contact Your State’s Insurance Commissioner: If you’re running into roadblocks with your insurance company, you can file a complaint with your state’s insurance commissioner. They may assist in resolving the issue.
Stay Persistent: Continue following up. Sometimes just showing that you’re persistent can encourage companies to take you more seriously.
I hope these suggestions help you navigate this tough situation. Good luck, and keep pushing for what you deserve!