Legal Question in Personal Injury in Missouri

My 2001 monte carlo was hit and totalled by a driver that has safeauto insurance. safeauto is only offering me 2700.00 for my car. i searched on nada and the value was 4965.00 and kelly blue book was 4600.00 i also searched on edmonds.com within 500 miles of springfield and the cheapest replacement was 5990.00 with more miles than my car. what can i do to get the fairmarket value of my car from safeauto?


Asked on 1/20/10, 11:54 am

1 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. Generally speaking, there are two primary ways to obtain more in compensation for the value of your totaled vehicle. Either of these methods, according to research, typically yields better results if you have an attorney assisting with the claim.

The first method is to try to negotiate with the adjuster to pay out a value that appears more in line with actual blue book value. Most attorneys are familiar with this type of negotiation and have sources, and, oftentimes, experts, that can prepare reports that indicate the true value of the vehicle, based on the condition, options, etc... In the typical situation, the adjuster, without having an attorney assisting, will not budge, or, may offer a few hundred dollars extra.

The second method is by threatening to litigate, or file suit, in order to obtain fair compensation. An attorney may, in fact, file suit, in order to provide further incentive for the insurance company to cooperate.

In some situations, it may be more beneficial to accept the compensation that the insurer is offering and then, usually through an attorney, include a demand for additional compensation for the damaged car when you settle the injury portion of your claim, if applicable. You should be very careful when signing any documents after the company makes an offer for your vehicle if you intend to pursue more compensation.

A few additional details would be needed. What is the condition and mileage of your vehicle? Also, were any injuries incurred, and were there any medical expenses at all? The answer to these questions can determine the likelihood of receiving a higher payout on the car also.

I am a Missouri injury attorney that focuses primarily on auto accident claims throughout the entire state. I can be reached by e-mail, for your convenience, at [email protected]. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 1/25/10, 6:01 pm


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