Legal Question in Civil Litigation in Nevada

I live in Las Vegas, NV. A week ago my mini van(2003 Kia Sedona)) fell off the lift at the mechanic. We just found out it is concidered totaled. We still owe on the van. I am not sure the van is worth as much as we owe. This van is my only way to get to and from work. Should the mechanic be responsible to help us get another vehicle?


Asked on 8/25/09, 7:12 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

When you are not sure, find out, and don't rely exclusively on any insurance adjuster. Kbb.com for retail value in your ZIP code should help. Check out this link, for example:

http://www.kbb.com/kbb/UsedCars/2003_Kia_Sedona_VanMinivan_Retail.aspx

Loss of use of the damaged or totaled vehicle is often compensible by a garageman's comprehensive liability insurance policy. So keep receipts for alternate transportation, especially rental car expense. Once the adjuster is advised in writing and knows that (1) you are renting a vehicle, (2) you are keeping receipts and (3) you expect those expenses reimbursed, this may help expedite the settlement of your claim.

The check you get, made out to you and the finance company, will probably be in full settlement of all claims. If your mechanic claims he has no insurance, you will probably have to sue to establish liability and damages, and after that find sufficient assets the law does not protect to collect. Watch out for bankruptcy.

Your attorney can explain further.

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Answered on 8/30/09, 7:38 pm


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