Legal Question in Personal Injury in Georgia

I was in an auto accident last weekend, hit from behind by another driver and he was at fault. His insurance agent says my car is totaled and they will make an offer to me for the value of the car. I owe more on the car than it's value but have gap insurance to cover the difference. I asked about them replacing my car but the agent told me they could not do that. Are they obligated to put me in a comparable car to mine before the accident?


Asked on 9/18/10, 12:56 pm

4 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, you did not say if you were hurt in any way. If you were, you should NOT be talking with the insurer at all without first seeing a lawyer. You could damage your claim.

As to property damage, all an insurer has to do is to give you the value of the car. They don't have to replace the car.

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Answered on 9/23/10, 1:02 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Your loss is the value of the car. That is what they will pay you. Obviously, what you owe is not relevant as it was your decision finance the car.

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Answered on 9/23/10, 1:04 pm
David Glass Law Offices of David H. Glass, LLC

It is so rare that someone actually purchased gap insurance (well done). However, Mr. Ashman is correct that the insurance company does not have to replace your vehicle. If you were injured, you should stop all communication with the insurance company. It sounds paranoid, but I have been practicing for 10 years on both sides, and please understand that the insurance company is built to limit your recovery.

You should contact an attorney to discuss your claim. My office offers free phone consultation and well as most personal injury firms. I cannot stress the importance of getting some legal advice before you proceed in your claim.

Best,

David H. Glass, Esq.

404.529.9081

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Answered on 9/23/10, 3:39 pm
Ralph Villani VILLANI LAW FIRM

There are other factors when considering value of property, for example, replacement value verses market value, etc etc etc

Call me at (770) 985-6773 if you need to talk about your case

Good Luck

Ralph

**** this is meant only to be for information purposes ONLY and not for legal advice. If you need legal advice, you must consult with an attorney of your own choosing. *****

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Answered on 9/27/10, 4:41 pm


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