Legal Question in Personal Injury in Arizona

Was stopped at light and Allstate insured on cell phone didn't even apply brakes and hit my truck. Got 2 estimates and lowest was $2,100. Allstate will not pay because vehicle is 1991 truck custom ladder rack for work. They say we have to get salvage title. We feel this will cause registration/insurance issues. We got independent apprasial stating well maintained, 1 owner vehicle valued at 3,775. We are wondering if we should take Allstate to small claims court or the insured to small claims court. I am semi retired on social security have a excellent running truck I use for work. Cannot or do not want to buy new vehicle. Please assist how we should proceed. Thank You.


Asked on 12/27/09, 6:48 am

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

If the vehicle would cost more to fix than it is worth on the open market, then the insurance company pretty much has to declare it a total loss. If you don't want to agree with that, you will probably have to get a salvage title and pay for getting it fixed yourselves. This valuation issue isn't the fault of the other driver. However, you could sue them for negligent or reckless driving if you wanted then possibly get back the costs incurred in getting the salvage title and repairing the vehicle.

Good luck!

Read more
Answered on 1/05/10, 6:57 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Arizona