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What happens if after and accident the other guy files a claim for damages but his car is worthless?
Accident was my fault but there was very minor damage and his car is a 1983 POS that is worth nothing. Oh, and he also happens to have the same insurance company as me that his daughter works for!
Hey Vipassana, I was asking a technical question, do you know what "technical" means? Talk about stupid people on Yahoo! I don't care what kind of emotions this guy has with his car, I wanted to know what the insurance company does in this case. Not what you think is morally correct. Thanks j d for being the only one to actually answer my question. The thing is, KBB only goes as far back as 1989...his is a 1983. I was thinking that since his car has no actual "Value" that they would tell him to take a hike!
What's wrong with you idiots? There is a reason they have things such as Kelly Blue Book, which if any of you knew anything you would know that dealers don't even use that as their guideline for determining value of a vehicle. They have their own system of determining value. Stop acting like if you were in the same situation you would not be wondering either.
And I would hope that after 25 years he owns the car free and clear!
Hey Tomboy, talk about idiots...if you could actually read I said that jd was the only one that gave me the answer I was looking for. And like I said, KBB only goes back as far as 1989...his was a 1983. Thank God your not the one handling my claim. And for your info, it actually was his fault, but since I was behind him, I got the fault. He got into the shoulder to turn into a gas station and then with a signal got back into my lane at the last second. That's why I hit him. And I've been driving for 12 years and this is the first time I've even been in an accident. So why don't you get your facts straight and actually read wha is written before you go running your fat mouth!
Look, I asked a simple question. What happens with this claim? Right? Isn't that what the question was. I did not ask what is morally right and wrong here. I don't give a crap if this guy is emotionally attached to his car. If it's the only thing he has. All I know is, there is nothing wrong with his car, he waited over a month to file a claim, and his daughter works for the insurance company. Would you not feel like something funny is going on. And as an insurance adjuster you should know that if a car is 25 years old...IT"S WORTH NOTHING!!!
Thanks jtexas...you are the only one that knows what they are talking about!
12 Answers
- 1 decade agoFavorite Answer
The insurance company will look at the KBB (http://www.kbb.com)/ value of the car vs. the cost to repair it. Usually the break point is $500, and they will just "total" the car and cut them a check for $500.
You may want to find out if your city/state allows for whats called a "civil compromise" where you just hand them a personal check for the $500 (or what ever it is) and they will drop the traffic citation and it does not go on your insurance. can save you lots in the long run.
Source(s): jd - 5 years ago
MSAD is right on the money. It appears this is a word vs word situation. Even though the guy has a lawyer means nothing. The only reason the lawyer is involved is that the MC guy is now claiming injuries, so he wants a piece of the pie for the injuries only. If your claim rep has closed the case and determined you not to be at fault, then they will not be paying the MC guy anything for his injuries period, even though he has a lawyer. Now if the lawyer does decide to sue, then YOUR CLAIM REP will have to hire a lawyer for you to defend you for free. So since they cannot verify by an independent witness who is to blame, both you and the other guy will get nothing. If you were to file a claim in small claims suit, does not mean you will prevail, since the judge may find that fault cannot be determined and both of you lose. And you have to understand that police do not determine fault, the insurance company does. Many times, judges will not even consider police reports or police that come to the scene, since they did not 'WITNESS" the accident, only report what they saw after the accident.
- jtexasLv 71 decade ago
It may be worth "nothing" as a car. But as a collection of used parts for a 1983 POS, it's worth slightly more than nothing.
But that's not the issue, is it?
The problem (you call it "something funny", I call it "conflict of interest"), if it exists (and it might), is between you and the local staff. It's not in the company's best interest to let their employees defraud their customers.
If you think it's happening, talk to your agent, or call the insurance company's national office. If they don't take you seriously, call your state's insurance regulatory authority (all 50 states have one) -- I bet they'll take you seriously.
Source(s): Anybody else think it's kinda funny that somebody thinks that a kelly's blue book from the 1960's would have any relevance today? I bet the adjuster knows that kbb only goes back 20 years, just didn't realize the question was outside that scope. - 1 decade ago
Mary M seems to be the idiot here. j d answered this exactly right. I was an insurance adjuster and I would look up used values on Kelly blue book. Maybe you should just stop driving if you're going to run around causing accidents, then come here and call us all idiots for trying to help you. Go get some psychiatric help instead of whining here.
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- Me!!!Lv 41 decade ago
Well I'm not 100% sure how the legal system works over in the states but could he not say that he was "emotionally attached" or that the fact you damaged his car resulted ion him being unable to get to work etc.
Hope that helps
- Anonymous1 decade ago
wow, j d and tomboy are right - shes one mean b*&^% ..
A friend was also an insurance adjuster and carried kelly blue books in his SUV, he had them all the way back to the 60's.. Maybe you think the books just self destruct like on mission impossible. lighten up mary - life is too short to be as ugly as you are.
- 1 decade ago
Just because you consider his car worthless, that may be all he has. And maybe his is paid for free and clear! Ever think about that? Minor damage in your eyes means nothing, your opinion of his car means nothing. Who are you to determine the value of someone else's property anyway?
- Kimmie CraigLv 41 decade ago
usually the insurers employ an assessor to decide the value.
your opinion doesn't count for anything
you admit you were at fault so the other party have a right to claim for his losses.
- VipassanaLv 71 decade ago
Just because you don't value his car, doesn't mean he doesn't.
I could go to your house, decide it's not worth anything, and trash it.
But it's worth something to you, right?
And it does have some inherent property value, regardless.
Edit: NADA Guide goes back as far as you could want. Go look up his car. See if $0 is it's value. I guarantee you, it's not.
Source(s): Talk about a ridiculous question. - Anonymous1 decade ago
My suggestion is trying to collect as much information as you can before making up your mind,here http://www.carinsurancefree.info/free-car-insuranc... is a good one.
