Legal Question in Insurance Law in Minnesota

Hit & Run

My car was hit while it was parked, by a cmpany truck, it was witness by someone that called the police and reported it. I contact the company and I have been trying to working with them to get my car fixed. I got two estimates and forwarded them to the company manger at the corp office. He told to he would pay the lowest of the two $1769.-- and to take car in and get it fixed, I greed, so I called back and asked about a rental car. He told I would have to deal the Insurance compny directly about that. So the insuranc called me came out looked at my car estimate where abut the same, but now they want to total my car and only pay me 1375.00 when I was told that they had to give me replacement value which is more. what is my legal rights, I was under the assumation that the corp guy was talking with the insurance company when makeing me the offer, Is he legally obligate to stand by his offer???

Asked on 6/01/04, 12:31 pm

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Hit & Run

You need to find out the true fair market value of your car. Get an auto trader, the car ads in the largest Sunday papers, look on the internet, etc. If the value is more than it would cost to repair, the defendant company is responsible. Many insures use an informal rule that considers a car a total loss if the repair costs are 75-80% of its value, so that is probably what you are facing. You can call the company back and find out just who is in charge of what. If you don't get satisfaction, sue the company in small claims.

For immediate repairs, let your own insurer handle those.

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Answered on 6/01/04, 1:12 pm

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