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Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33167
Experience:  17 years legal experience including consumer protection law.
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I was in a collision with another vehicle about a month ago,

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I was in a collision with another vehicle about a month ago, where i crashed into a person making a left turn while i had right of way in miami. The other person's insurance company said that they would take care of all the damages, after contacting both my insurance company and their insurance company, my vehicle is deemed a "total loss". The other person's insurance adjustor has not taken any action ( that i know of) in regards XXXXX XXXXX my vehicle besides putting me in a rental car, in which they claim to pay as well. I am tired of waiting around for a definite answer, and I'm getting anxious that my car will never be repaired, is there anything i can do so I can get my vehicle back, and not have to worry day after day what will their answer be?
I've tried calling them numerous time, but the adjustor is always busy and unable to pick up my calls.

Hello and welcome.

I am sorry to hear of your difficult situation. Hopefully, you were not injured in the accident.

Please note: (1) this is general information, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.

You are dealing with the other driver's insurer and not your own at this point?

Customer: replied 4 years ago.

My insurance company wants to pay me Blue Book Value for my vehicle. What they offered to pay was a low brow insult to the work and effort it took me to finally be able to own my own car, my biggest goals i wanted to accomplish is to not have any more vehicle payments, or have a vehicle that belonged to a bank, which I accomplished. I get the feeling that my insurance company wants me to regress back to acquiring more car loans and spend more money than i have to, I am relying on the other insurance at this point, though inconclusive. I don't believe that I should be slapped in the face with such a low value when the accident was not even my fault.

I see. Thank you for clarifying the situation Renato.

Since the vehicle is a total loss and is not being repaired, I would typically demand possession of it in writing and take possession of the vehicle if you have not signed over the title. Or call the police if they continue to refuse to return it to you.

Ultimately, your concern is about getting paid for your damages though I suspect. While your insurer would not typically be required to pay more than the Blue Book value unless you had additional coverage, the driver's insurer would normally be required to compensate you for all of your damages since it the other driver was at fault.

However, if they continue to stall, you will likely need to file suit against the driver seeking an award for the damages you have sustained as a result of the accident.

While you could file suit on your own, the maximum you can sue for in small claims court is $5,000 and suspect your damages are much more than that, so it would be best to retain an attorney to represent you in this matter. A demand letter from the attorney may be enough to resolve this if they wish to avoid a lawsuit. If not, then litigation will typically be necessary.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.

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