I am in Nashville, TN. I was involved in an automobile collision
. A 91 year old driver pulled in front of on-coming traffic and failed to yield, a car struck her, ricocheted off and hit me, while I was stopped at a light, spinning me 90 degrees to the right. The 91 year old woman was found to be 100% at fault, citation issued and was recommended for retesting. It was noted by the insurer, that the lady did not even remember the accident
the next day.
company represents the woman at fault as well as me. PERSONAL INJURY
- I reported having a sore shoulder and sore back, reported this to the insurance company, they sent a rep immediately who offered $1000 for pain and suffering and loss of income. I did not settle. I went to the doctor to get checked out, they took some xrays and referred me to get some physical therapy.
PROPERTY DAMAGE - They have deemed my car a total loss. I purchased it 2 months prior for $3500.00 and had put some money into maintenance, tax, title
, registration to total around $4800.00. I have provided all paperwork/receipts to support the my claim. The total loss department will not budge and says they will only pay ACV $3800.00. Insurance rep. continues to try and convince me that the AVC is in line with the market using Autotrader comps, I respond to him with my own search showing 3 comps for $4995. I feel like this is a losing proposition and am looking to small claims
court as a means of resolving the matter. Obviously, my desire is to be fully restored to the place that I was prior to the accident. For this to happen I need to be fully compensated for the car I had just purchased, fully paid for the medical bills, and compensated at my normal hourly rate at my job for the time I have had to deal with this. Additionally, I purchased the car so that I could sell another car whose value is tied to an expiring extended warranty, I am now driving
this car and losing value on it... what a ripple effect.
Small claims court in Nashville handles cases up to $25,000, do you think this is a reasonable course of action for seeking such modest compensation? My desire to be fully restored seems so fair to me, do I have a chance?