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LawTalk, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34884
Experience:  I have more than 25 years experience in the legal profession.
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I was parked on the street in front of my apartment when a

Customer Question

I was parked on the street in front of my apartment when a Verizon Utility van sideswiped my car. He took off the mirror, door handle and smashed the entire side in. He did not see anyone around so left a note on my car apologizing for the damage and gave all the insurance and contact info. I have been granted a check for the value of my car, totaled it, and luckily I have GAP insurance for most of the balance. I bought my car back and I am paying out of pocket for a rental while $5000 worth of work is done to my car. Since I was not at fault, i believe that I should be compensated for repairs to my car and the rental i am paying for. Verizon's insurance company says they only pay the value of my car. My insurance company says they do not go after damages that exceed the value of the car. Do I have any right to compensation? If so, how do I go about getting it?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 5 months ago.
Good evening Kim,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been an accident attorney for more than 30 years and I have handled more than 1000 property damage claims. I am very sorry, but under the law, you are entitle to the lesser of the repair costs of your vehicle plus a rental car while yours is being repaired, or the fair market value of the car in the event that it is a total loss. If your car is totaled, you are entitled to a rental car until you are given the payment for the total from the third party insurance carrier. While legally you may buy the salvage back and seek to make it roadworthy again, your rental expenses while you have it repaired and the actual cost of repairs are not the liability of the adverse driver or their insurance company to pay. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.Thank you in advance. I wish you the best in your future,Doug
Customer: replied 5 months ago.
Doug, Is there not an option to try to get Verizon to cover my out of pocket expenses. I have been told the same thing you told me by insurance. But I am talking about going after Verizon to pay the rest, not their insurance.
Expert:  LawTalk replied 5 months ago.
Good evening Kim, What I told you about was not an attempt to parrot the insurance company. I told you that because it is what the law dictates is your legal entitlement if you went to court. The insurance company is only obligated to pay what Verizon would be obligated to pay. I understand your frustration and I empathize with you. But you have no additional claim that will be successful, regardless of who you make a claim against. I am trying to save you from additional frustration and wasted attempts to get something that you can not compel in a court. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 5 months ago.
Hi Kim,,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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