Q: Do I have a case?
My daughter got into an accident was rear ended and is the other parties fault. No injuries. Insurance offered $2867 for my vehicle, which I paid $5000 for 1 week prior based on value. This is too much of a loss and I cannot afford another vehicle and only want it fixed. I don't know what to do, please help.
A: More infornation is needed here---use the Justia Find a Lawyer tab and search for accident/injury lawyers in your area---most will provide a free initial consult----you want to call a few of them and discuss the specifics of your situation so that they can advise the best way to proceed from here-----don't let the insurance company dictate the outcome.
A: It sounds like you have a total loss declaration on your hands. Without knowing the make, model, damages, NADA or other values, property damage adjuster's report, it's difficult to offer input. Nationwide, most states have a threshold for repair, in terms of percentage of market value. Beyond this threshold, the car is declared a total loss under the insurance laws of most states, in lieu of the option to repair. This is one of the unfair outcomes of traditional PD claims practices. You could review the file documents with local attorneys to see if there are options under Louisiana insurance law - but don't throw good money after bad and compound the loss with legal fees if attorneys recommend against pursuing. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
