I need some advice, I have a 94 Honda Accord that was parked legally on the street, a person hit the vehicle, I only had liability insurance on the vehicle because of the age. It was 26 days later that their insurance company said the vehicle was totalled and made an offer, which I deemed fair for the actual vehicle. My issue is the loss of use of my property during this time period while waiting for them to deciede what to do. When they made the offer for the vehicle I brought this up with them and asked for an additional $1,000. I had to take a day off from work (vacation) and my spouse had to do the same. We are now going to have to go out and find a replacement car, because of thier insureds negligence. They called back later and offered $394 for loss of use, which I feel is unacceptable. Because the loss of use could not be agreed upon they have not called back and we are in limbo. The $1,000 I am requesting is not enough to retain an attorney is my only recourse to go to small claims court and bring the owner in as the defendant? Any advice would be greatly appreciated.
Country relating to Question: United States
State (if USA): Arizona
Talked to the insured, called an attorney who was not interested in a small case such as this.
Unfortunately, under the laws on property damage, when someone's property has been damaged as a result of some person's negligence, the insurer is liable only to pay the actual value of that loss at the time of the accident. Thus, in order to claim loss of use, you would have to prove that you incurred such an actual loss, such as a rental vehicle to use during the time that they did not offer settlement for 26 days. I am afraid that this is something many people have a misconception over when their cars are totaled in an accident. The money they are offering you for loss of use is considered a "nuisance settlement" and realistically, the most you may be able to get out of them would be perhaps $500 or so, but it is not likely that you will get them to agree to the whole $1000 without receipts proving you had to rent a vehicle for those 26 days.
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer OR the HAPPY SMILEY FACE. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).