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Ray, Lawyer
Category: Legal
Satisfied Customers: 40001
Experience:  30 years in civil, probate, real estate, elder law
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I am a 73 year old female and own a 2001 Honda Civic withe

Customer Question

I am a 73 year old female and own a 2001 Honda Civic withe approximately 148,000 miles on it. I had purchased 4 new tires 1 month ago and it was running great with no engine problems. On March 17, 2006 I was sitting in a line of cars at a stop light when my car was rear-ended. The other driver immediately got out of her car (a Toyota SUV) and she said, "I'm so sorry, it's my fault because I was looking ahead at the light to see if it was turning green yet and I wasn't paying attention to see your car was in front of me". She asked if I was all right and I said I thought so, but the force of her car hitting had caused me to pitch forward and I hit the visor mirror with knocked the mirror and the casing to the floor and subsequently threw my head back to the seat headrest. My ankles and feet had bruising and are still swollen. My stomach hit the bottom of the steering wheel. Fortunately, the only damage done to me was nothing I would consider major and it has resulted in some neck and shoulder pain from the jarring from the impact. I am not claiming any lasting injury and although I still have some neck and shoulder pain, I haven't seen a doctor because I didn't think it was necessary. The problem I am having now is my insurance, AAA, and the other insurance,Nationwide, have declared my car to be totaled and I now have to purchase another car. AAA has said their claim estimate amount to be $3,492.50 settlement and if I wanted, I could see if Nationwide could offer any more. Nationwide came out this morning and set the amount at $2,946.00 plus sales tax. I know my car was old, but it's a Honda and other Hondas I have priced are over 200,000 miles for 2007 models and to find one in as good repair, is almost impossible. As I've stated, I am at an age where I hadn't planned on purchasing another car and my Honda could probably lasted another 50,000 miles. Do I have any alternatives to get a higher settlement that would allow me to purchase another reliable Honda? I am not looking at suing someone for hifg dollar amount, but I would like to not having to start making car payments at my age. Thank you for any advice you can give me,
Joyce J. Morgan ***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

It is not too late here to go to doctor about your aches and pains.This would document the problems and you would also be due pain and suffering.I realize that is separate from your issues about the car here but it might give you recovery for all you have suffered and you could use the funds for whatever you choose including car replacement.

You can take your vehicle, age, mileage, and comparables and seek more funds.You would get ads from Craigs list, local paper, car ads, etc and document what you think the fair market value is.I can tell you that they will usually come up from $500 to $1k if you can show that this is what a similar vehicle is.The more you get for the car the more tt and l they have to pay you.

And again consider going to the doctor about your injuries.It may be time to revisit them.You can document those to the doctor, he may prescribe medicine, therapy, whatever and this is all reimbursable.You also document for pain and suffering purposes what is hurting and how long you have had it.You keep going here until you no longer hurt. Overall this is reasonable and still possible even if you have not done so to date.

Nationwide should pay you here, your insurance should not have to pay it.Nationwide is liable for the medical here and pain and suffering since their party caused it.

You aren't going to have to sue anyone here if the other driver assumed liability.But consider a trip to the doctor here, see what treatment or meds are needs.It is possible you have broken bones, hairiline fracture.I chipped a tooth once and didn't realize it until months later.You were hit pretty hard here, you may well have injuries.

I would try to get them up $1k here on the car showing them true cost and then more t, t, and ll and file for medical claims.This would then give you claim for pain and suffering.This could be another grand easy if not more even if it all checks out and you just have normal aches and pains.

I appreciate the chance to help you today.I wish you the best here.Thanks again.