Dinuba, CA asked in Car Accidents and Personal Injury for California

Q: I the the persons insurance is taking full 100% lieablity how much is the pay out for my car and my self

5 Lawyer Answers
Omid Rejali
Omid Rejali
Answered
  • Personal Injury Lawyer
  • San Diego, CA
  • Licensed in California

A: The payout on your car depends on the amount of damage. The insurance company will send a field adjuster to give you an estimate. As to compensations for your injuries that all depends on your injuries. It is impossible to answer in the abstract without medical documentation annd diagnosis. It is important for you however to discuss your rights and options with a personal injury attorney as soon as possible and to not speak to the insurance company for the third party under any corcumstance because they will use everything against you.

William John Light agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: NEED MORE FACTS

THE PAYOUT WILL BE BASED ON AMOUNT OF DAMAGES.......BOTH TO VEHICLE AND YOUR BODY.

THAT IS WHY YOU NEED A LAWYER TO EVALUATE THE FACTS

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: The pay out for the car is the current fair market value of a similar car. The pay out for you depends on your injuries, medical expenses, prognosis, comparative fault, preexisting conditions, policy limits, etc. If you are hurt, get an attorney.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: The payout for the car is the amount of money it takes to fix your car unless the car is worth less than the amount to fix. Then it would be the market value of the car. Determining how much the payout to you is a much harder calculation. You really should get an attorney and make sure you don't "settle" too early since your injuries sometimes can linger. The money given for your car is separate and you should get that right away... or have them fix your car and have them pay the body shop.

Steven M. Sweat
Steven M. Sweat
PREMIUM
Answered
  • Personal Injury Lawyer
  • Los Angeles, CA
  • Licensed in California

A: This depends upon a lot of factors. For your car: the standard is the lesser of "fair market value" or the cost of repair. If the cost of repair exceeds fair market value, your vehicle is deemed a "total loss" and the value of the car is owed. As to how insurance companies calculate "fair market value": Most auto insurance carriers use "market surveys" to determine an average based upon the make, model, year, mileage and condition of your car compared to similar vehicles that have sold in the area in the past 6-12 months. For your injuries: You are entitled to the reasonable value of the medical services necessary to treat your injuries. You are also entitled to "general damages" for the physical pain and emotional distress that the incident caused.

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