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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 30175
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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My classic car was totaled while parked in a safety zone on

Customer Question

My classic car was totaled while parked in a safety zone on interstate 35 E what damages can I file for it owned this vehicle for 14 years
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What happened to the car? Do you know who totalled it?

Customer: replied 10 months ago.
It was parked in a hwy safty zone on the interstate and unoccupied at the time of impact he driver was operating a un registered vehicle and we are covered by the same insurance company and they do not want to give me the vehicles I found to replace it it has 15000 miles on it and the price is 5900$ they offered me 1500 for my total loss I refused that offer what can I do
Expert:  Lucy, Esq. replied 10 months ago.

Legally, you're entitled to be made whole, which means that they need to pay you the value of your vehicle. The best place to get a current value is, because you can put in information about the specifics of the car. If that amount doesn't sound right, try checking classified ads in your area to see what the same car is selling for. The insurance company is not required to pay replacement value - they only need to pay what the car was worth on the day of the accident. They can also be required to pay any rental car expenses up through when they initially offered to settle. The insurance company will pay the judgment when you win, but they're not named as a defendant in the case, because they're not the ones who hit your car. The lawsuit is against the other driver personally.

If you can find evidence that your car was worth $5,900 and they are still refusing to pay, then you have the ability to sue the car's owner for the money you lost as a result of the accident. You're within the Conciliation Court limit, which is more commonly known as small claims. The court has forms and instructions online to help you pursue your case.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 10 months ago.
I have spoken to another classic car collector and he stated do not take less than 6000 for your car
Expert:  Lucy, Esq. replied 10 months ago.

I'm not a classic car collector, I'm a lawyer. I can't put a valuation on your car. If you believe the car is worth $6,000, then you need to be able to prove it to the insurance company. Kelly Blue Book may return a low valuation for classic cars, so you need to show what other cars like yours are selling for. Or you need to get an affidavit from the collector where they swear under oath as to your car's value. If you wind up in court, they'll have to come testify as to the extent of their expertise and the basis for their valuation.

Expert:  Lucy, Esq. replied 10 months ago.

Did you have any other questions about this?