Legal Question in Insurance Law in North Carolina

Estimate and Car Rental

I was in an accident it was the other drivers fault.

When I gave his adjuster an estimate, his company total my car. Then made me an offer that was at least $500 less and said They would not pay for a rental because the car was total can you give me some advice on what to do. I father setteled on a price but we have not recieved anything in the mail(did not cash check), can I still get compensation for a rental?

Thanks


Asked on 10/26/01, 2:45 am

2 Answers from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Estimate and Car Rental

you are entitled to the "fair market value" of your car if it was "totaled." This is somewhat subjective, and NADA and other sources are often used. You can get a rental for a reasonable period of time until you can get a replacement. As the car is totaled, and will not be repaired, you should act promptly.

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Answered on 12/12/01, 11:38 pm
Steven Murray Steven W. Murray, APC

Re: Estimate and Car Rental

If you have not signed a release, write the defendant and the insurer a letter telling them exactly how much you demand, including the fair maket value of your car (including registration fees and sales tax) and rental and loss of use damages of so much per day until you receive their check. Give them 5 days to pay. If you don't get the money, sue the defendant in small claims court immediately.

Also, if you have your own insurance, why don't you file a claim and get as much as you can from them. You can still sue the defendant for what you do not collect from your own insurer. And maybe your insurer will get you a recovery from the defendant including your deductible.

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Answered on 11/22/01, 5:51 pm


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