Legal Question in Traffic Law in North Carolina

Rear-ended by Duke Power truck

I was rear-ended by a Duke Power truck about 3 weeks ago now.I was told to get estimates for my car repairs.It is totaled.I bought my car when i was new and paid it off.I took good care of my car to insure that it would last.I am now retired and live in a remote area and need a reliable car.DukePower wants to give me $2200 for my car.A figure they got from the bank on how much they would finance for my year and model car.That amount just doesn't seem fair. I cannot buy a reliable car with that amount and being retired cannot afford a car payment.Do I have to accept the amount as they say I do? They have not even offered a rental car. And say they need to pick up my car asap.I do not feel this is right as I am put though this stress and have no car.And can not even get one with what they want to give me.Pleae tell me if there is anything I can do to get enough to buy another car.

Asked on 11/13/01, 4:43 pm

2 Answers from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Rear-ended by Duke Power truck

sometimes you can be somewhat shafted in this situation (your car is worth more to you than it is "legally" worth). You are entitled to the fair market value of your vehicle, if it is totaled, and sometimes this is not sufficient for you to get a comparable replacement car. You can also get a rental car, for a reasonable time period and a reasonable replacement car. You can get an attorney or handle it yourself, but an attorney may not want such a case, and it may be too expensive for such a small case.

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Answered on 12/12/01, 11:42 pm

Gary Underhill, Jr. Gary Underhill Jr. Attorney at Law

Re: Rear-ended by Duke Power truck

You should not agree to anything until you talk to a lawyer. If this is a big company then they are just going to try and get off by paying you as little as possible. Try talking to a lawyer in your area. You may be due more money then you think.

Diana legal assistant

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Answered on 11/30/01, 3:46 pm

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