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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53952
Experience:  Practicing lawyer for 31 years
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I was in a car accident and both parties are held 50% liable

Customer Question

I was in a car accident and both parties are held 50% liable I have a 2012 Audi A4 that was purchase less then a month before the crash. We both have the Same insurance company. I live in Las Vegas Nevada and the claims rep said that the person who hit me doesn't have to pay 50% of the inherent diminish value. What do I do? Is't considered property damage. I no not under me but her. The claim rep said its hard to prove but the car is certified and was in excellent condition. I also have the car fax when I got the car and what the estimated value was.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 1 year ago.

Good evening. My name is ***** ***** I look forward to helping you.

This is typical of insurance companies, particularly those you talk to by phone who think you will simply go away. The insurance company doesn't simply get the unilateral right to determine that an insured is not covered because they are not exactly an unbiased party. Write the other driver a letter by certified mail and inform the driver of the driver's insurance company's position. Let the driver know that either the driver or their insurance company needs to pay for 50% of the diminution in value. Inform them that if not paid within a short specified period of time, you will have no choice but to sue the driver for the value loss. That will cause the driver to attack their insurance company to pay so the driver does not have to pay. The insurance company will pay you rather than face court, because if the insurance company is found to fail to reasonably settle, the insurance company will be liable not only for actual damages, but an additional amount equal to multiple times actual damages as punitive damages. This is typically all you need do, because insurance companies want to avoid punitive damages and the bad publicity that comes with failing to settle. Plus, they have the added incentive to avoid going to court because they are aware that jurors are biased against insurance companies because most everyone has had an experience similar to yours.

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Customer: replied 1 year ago.
What if I sue the insurance company instead and who reports to car fax?
Expert:  insearchoftheanswer replied 1 year ago.

Thanks for following up. You'll sue the driver and the driver will then turn to the insurance company to defend the driver. You don't have privity of contract with the insurance company because it's the driver's insurance company rather than your insurance company. But, when you sue the driver, it will be both you and the driver against the insurance company. CarFax actually obtains information from a multitude of sources. A good discussion of the various sources can be found at: http://brokensecrets.com/2010/08/23/how-does-information-get-on-a-carfax-report/

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