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I got hit by a car that ran a red light 6 weeks ago. The…

Customer Question
I got hit by...

I got hit by a car that ran a red light 6 weeks ago. The police report says I am not at fault. I didn't have collision and my car is totaled. It is a 1994 mazda with little blue book value though I put money into it. The other guy's insurance now wants to give me little for the total loss payment. Do I have any recourse?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

CA.

Lawyer's Assistant: What steps have you taken so far?

I haven't done anything yet. The other guys insurance people want a statement from me, which I haven't given.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was told that most attornies are about personal injury. I am not looking for that, I just need to start to be able to buy a new car.

Submitted: 4 months ago.Category: Legal
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Answered in 3 minutes by:
12/26/2017
Lawyer: LegalPro54, Lawyer replied 4 months ago
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,036
Experience: General practitioner with diverse legal experience.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry for your accident. Under the law you are entitled to the fair market value for your vehicle, which means the amount you could have sold the car for at the time of the accident. Some people are surprised at how little this can be, especially for an older vehicle, but unfortunately this is all any insurance company (yours included, if you had collision coverage) would ever be required to pay you.

What I would do is check the classified listings to see what 1994 Mazdas of your car's make are selling for, ideally with similar mileage and options. If you find the insurance company's offer to be less, then I would go to them with the listings you found and explain that they have not offered fair market value and that they need to offer more. If they still refuse to pay the fair market value, I would consider threatening to file a lawsuit in small claims court, and if they still refuse, I would go ahead and file the claim and present your evidence of fair market value to the judge. This would be your recourse under the circumstances.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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