Legal Question in Personal Injury in Colorado

What can I do if my car is totaled?

A negligent girl ramed my stopped car going 40 miles per hour on I-25. Her insuranc company is totaling my car. They say they will only pay the amount of damage done to my car. I have a Saturn SC2. To repair body damage they have to redue the body of my car. The insurance company decided they will only pay us $3,100 even though my car is worth atleast $5,000. Please help me get them to pay for my car. Thank you.


Asked on 1/23/01, 8:54 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: What can I do if my car is totaled?

You have provided inconsistent information.

1. If your car is a total loss you are entitled to be paid the actual cash value of the car as determined by the NADA Blue Book, Mountain Edition, retail value as adjusted for accessories and mileage.

2. If the car is not a total loss, you are entitled to be paid the reasonable cost of repair to restore the car to as near its original condition as possible.

3. Most insurance companies will try to cheat someone in your position knowing you need a car right now. Unless you can litigate with them in small claims court you will probably have to settle at their mercy.

Good luck.

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Answered on 3/07/01, 12:47 pm


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