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Anonymous
Anonymous asked in Cars & TransportationInsurance & Registration · 15 hours ago

Should I get a lawyer for a car accident in which my parked car was hit?

My car was hit and totaled because of an accident between 2 other cars (a total of 4 cars was affected 2 were parked). Right now insurance is in the process of figuring out which of the 2 cars will take liability. Insurance will not cover my rental they want me to pay out of pocket now so I can be reimbursed but I don’t have $$ for a rental. I feel as if I shouldn’t have to pay for anything since my car was totaled when I had nothing to do with the accident. Should I get a lawyer and sue or just take the payout from the insurance? Also, how am I going to buy a new car if the insurance only pays for my car loan ? Mind y’all.... this is my first car I literally just got it not even a month ago .... are they expecting me to get another down payment for another car when I just did all that for the car the totaled ? Someone plssss help this is overwhelming af ! 

Updated 13 hours ago:

I can’t reply to y’all but wowwwww sooo I’m really assed out 😩

5 Answers

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  • Scott
    Lv 7
    5 hours ago

    No lawyer will take this case. There's no money in it and the attorney will cost more than a rental car.

  • Anonymous
    9 hours ago

    a) Who are you going to sue when no determination has been made about who is at fault? In other words, you're jumping the gun.

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    b) We don't know what your insurance policy says about certain coverages and reimbursements. Apparently, rental cars are not part of the coverage you purchased, so it's not their reasponsibility to provide one. 

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    c) Since you're apparently clueless as to what your insurance policy guarantees (read the fine print), it might be wise to consult a lawyer to see what your options are, and especially to make sure that your insurance company lives up to its obligations.

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    d) Presumably you are talking about a used car. You should eventually be reimbursed fair market value for the car you bought, based on make, model, year, mileage and overall condition before the accident. If you paid more than it's really worth, as often happens when buying a used car, then yes, you're probably going to lose out money-wise. Paying too much for your car would be your own fault, not the fault of the person responsible for the accident.

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    e) What an insurance company can  do is, once fault is determined, they can SUBROGATE THE CLAIM, meaning they sue the at-fault driver or their insurance company to try and recover your insurance deductible, car rental fees and other e3xpenses from the at-fault party. If that person wasn't insured, is under-insured, and is more or less poor, don't expect to get anything. 

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    f) If you allow your insurance company to subrogate the claim for you, then you waive the right to sue the at-fault party yourself. Since we do not know any of the details, we cannot advise you what to do, which is why you might at least retain a lawyer who can gather the facts and give you good advice.

      

    g) If you can't afford a rental car, how were you were able to afford to buy a car? If renting a car is a problem, affording a lawyer won't be any easier unless you can find a pro-bono law firm that charges their client afterward and not up front. 

    Source(s): usually
  • Anonymous
    12 hours ago

    In my experience as soon as you lawyer up the insurance companies suddenly get a whole lot nicer and more generous to keep it out of the courts.

  • Kieth
    Lv 7
    14 hours ago

    Have you talked to your own insurance company? It's the first thing a lawyer will want to know.

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  • y
    Lv 7
    14 hours ago

    You still owe your loan. If you had gotten rental on your insurance, you could be renting now. You didn't, so out of pocket and reimbursed, possibly, don't count on it, is the way to go. You will eventually be given blue book or so for your car, doesn't matter what you paid for it. Which means there is a good chance you'll get less for it then you bought it for. This is the system, how it works. Insurance works differently in the different states. I'm in Ma, and use my own insurance company to do all this crap, they pay me what I need now, they then get t from the insurance company responsible. It's just easier for me.  My son from 16 to 24 or so, was in five accidents, each one his car was totaled. 3 out of the five he was responsible for. All gave him less then he paid, so each accident was like a step down from what he had before.

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