Legal Question in Personal Injury in Florida

My car was hit by another driver-100% their fault. Their insurance company says the car is a total loss and offered me $3,400. Blue Book is much higher, but they say they don't accept blue book. Now, they want the rental car back TOMORROW, but they have not returned my calls since Friday, so I have no money to buy a new car, but they say they are not responsible for a car for me while I search for a new car. Why shoudl I have to pay anything out of pocket for an accident that was 100% their fault. Is there any leverage or way to get them up on their offer? I'm just trying to get $4,000 or so to have enough to buy a decent car. I also lost a day of work taking the car to the collision center and getting the rental car - they say they do not have to compensate me for lost wages if I have vacation time to use? Never heard of that. My garage door remote was also destroyed and they say they don't have to reimburse me for that. Help?

Asked on 6/19/12, 7:07 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

I would sue the driver at fault for all your expenses.

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Answered on 6/19/12, 7:11 am
Alan Smith Tallahassee Legal Counsel

You need to speak with an attorney. The other driver's insurance company is not interested in being fair to you. Insurance companies will frequently give terrible offers to people not represented by attorneys.

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Answered on 6/19/12, 7:47 am
Michael Tobin Michael M. Tobin, P.A.

If you have collision insurance in your policy you will find it easier to deal with them.

Blue Book is okay but not a final answer. You should ask the company for a copy of their appraisal report they used to determine the value. You should check with car dealers in your community and get quotes on the prices of actual cars you can buy similar to yours. If the company won't budge you should make a complaint to the insurance deparment and file suit in court with the evidence you gathered showing the proper evaluation of you vehicle plus your loss of use. With digital cameras you should have pictures of your car and the others that you priced to show the Judge. They are responsible for damage to your remoteor any other property in your car When they see you are serious and they will have to pay a lawyer you should get your $4,000.

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Answered on 6/19/12, 8:20 am

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