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Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 34486
Experience:  30 years experience in personal injury law.
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I was hit by a driver when he ran a red light. His insurance

Customer Question

I was hit by a driver when he ran a red light. His insurance company has offered me $15,000 . The market value of my fully loaded 2010 Lincoln MKX , in Virgina is $15,500. Then there are taxes and fees and the cost of a rental until I can scout and purchase a vehicle. The insurance company has given me just 3 days to accept thier offer and they will no longer be paying for my current rental car.Also, I am having trouble with my back while sleeping. I would like to get it checked out but I do not have the funds for the medical bills.What am I facing?
Submitted: 12 months ago.
Category: Personal Injury Law
Expert:  Loren replied 12 months ago.

Under Virginia law “Insurers are only required to reimburse for sales tax, title fees, and transfer fees in third-party claims if the policy so requires.” E-mail from Virginia Bureau of Insurance. However, no other applicable statute, case law, or regulation governing recovery of sales tax besides Insurance Order No. 11607. Insurers have been cited for not reimbursing sales tax to a third-party total loss claim under Va. Code Ann. § 38.2-510.
If you do not believe you are being fairly compensated for your loss then you should continue to negotiate and sue the other driver if you can not reach agreement.
Likewise, if you have inuries from the accident, you will want to make sure that any settlement specifies that the personal injury portion of the claim is left open and the release you give is partial only as to property damage.
The other driver would be responsible for your medical bills.