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All this "get an attorney" must be from attorneys looking for work. You only need an attorney if things so south not before. Have you own insurance company handle the claim. They will get the best deal they can from the other insurance company since that person was at fault and his insurance will pay all of the damages.
All this "get an attorney" must be from attorneys looking for work. You only need an attorney if things so south not before. Have you own insurance company handle the claim. They will get the best deal they can from the other insurance company since that person was at fault and his insurance will pay all of the damages.
Yes, let the insurance company handle it. As noted in my post #10, the value of the car is determined by specialists who use a technique similar to how a real estate appraiser works up the value of a house. They look at recent sales and current for sale ads. You will receive a copy of the report showing "comparables" used to determine the value of your car. It is not some guy sitting in a shack low-balling each claim.
In my case, my 2013 C6 was totalled in Sept '21. Car was over 8 years old with 87,000 miles. The MSRP of the car was $74,705 and I paid $69,999 "out-the-door" [including taxes and fees]. State Farm paid $42,841 plus sales tax of $4,070, plus return of the $1,000 deductible for a total of $47,911. That seemed more than fair and quite generous. From my point of view, I drove a C6 3LT grand sport convertible for over 8 years and 87,000 miles and got two thirds of my money back! Plus, I cancelled the Chevrolet Protection Plan and received over $3,000. My total amount received approached $51,000. Keep in mind that I had tried to sell the car before deciding to keep it and before the accident. I had no takers at $32,000. Potential buyers were scared-off by the mileage on the immaculate car even though it included a transferable zero-deductible service contract that protected the buyer for over 3 years and 30,000 miles remaining.
Remember that Progressive will open with a smaller number than they are prepared to pay. Squeeze them and you will get more. Their goal is to pay you the least amount that they can. Sorry for your accident...
Do not sign off that your injury claim is complete, or sign that you are uninjured, until you are happy with the property damage claim.
The property damage claim, in their eyes, is no big deal. There is probably a less than $10,000 band between they low number they would love and a high number you would love.
The big risk to the insurer is an injury claim. It could be two, three, four C8's, especially if your state does double or treble medical damages for pain and suffering.
So. If you have an open injury claim, it stays open until the property claim is settled. If you don't have one, don't sign away your rights on that until the property claim is settled.
Don't commit fraud. Just leave the lever they care about open.
Vega$Vette,
While you are right that New Jersey is a "no fault state" you obviously don't understand what that means. It's no fault just for medical injuries not for car repairs/replacement. If the other driver is to "blame" for the accident, their insurance pays for all the damage.
Under no-fault laws in New Jersey, medical coverage for injuries resulting from car accidents is always provided by your own insurance company – regardless of who is at fault for the accident. Even if you are injured as a passenger in another person’s vehicle, your own insurance company will be responsible for your medical bills up to your limits.
Everything I can find on "No Fault" insurance (also called PIP) states that it only applies to personal injury. For example:
What Does No Fault Car Insurance Cover?
Have you been asking yourself “how does no fault insurance work?” If so, the answer is simple. If you’re in an auto accident and you or your passengers get hurt, PIP insurance can help cover your:
Medical bills
Health insurance deductibles
Lost wages if your injury prevents you or your passengers from working
Essential services including child care, cleaning or grocery shopping
Funeral expenses if one of your passengers loses their life in a car accident
And this one:
No-fault: The no-fault system is intended to lower the cost of auto insurance by taking small claims out of the courts. Each insurance company compensates its own policyholders (the first party) for the cost of minor injuries, regardless of who was at fault in the accident. (The second party is the insurance company and the third is the other party or parties hurt as a result of the accident.)
The term “no-fault” can be confusing because it is often used to denote any auto insurance system in which each driver’s own insurance company pays for certain losses, regardless of fault. In its strict form, the term no-fault applies only to states where insurance companies pay first-party benefits and where there are restrictions on the right to sue.
These first-party benefits, known as personal injury protection (PIP), are a mandatory coverage in true no-fault states. The extent of coverage varies by state. In states with the most comprehensive benefits, a policyholder receives compensation for medical fees, lost wages, funeral costs and other out-of-pocket expenses. The major variations involve dollar limits on medical and hospital expenses, funeral and burial expenses, lost income and the amount to be paid a person hired to perform essential services that an injured non-income producer is unable to perform.
Drivers in no-fault states may sue for severe injuries if the case meets certain conditions. These conditions are known as the tort liability threshold and may be expressed in verbal terms such as death or significant disfigurement (verbal threshold) or in dollar amounts of medical bills (monetary threshold).
So it seems that collision is still paid by the at fault party/insurance company. Disclaimer: I don't live in a no fault state and never have.
While you are right that New Jersey is a "no fault state" you obviously don't understand what that means. It's no fault just for medical injuries not for car repairs/replacement. If the other driver is to "blame" for the accident, their insurance pays for all the damage.
Under no-fault laws in New Jersey, medical coverage for injuries resulting from car accidents is always provided by your own insurance company – regardless of who is at fault for the accident. Even if you are injured as a passenger in another person’s vehicle, your own insurance company will be responsible for your medical bills up to your limits.
Gotcha.
My C8 is insured in Florida, Progressive....Lol and my 67 is insured in Nevada
Being new to Florida - No Fault - I did not fully understand how it works.
Like NJ FL PIP covers injury. In FL it also covers up to the mandatory $10K property damage.
Florida is a no-fault state, which means each driver carries their own insurance to cover medical bills and car repairs up to a certain amount. More specifically,Florida Statutes § 627.736 requires drivers to carry PIP and property damage coverage policies of up to $10,000.
So up to $10K of vehicle damage is paid by your own insurance whether at fault or not. Amounts over that are paid by the At Fault drivers insurance.
Researching it now I see that No Fault is not a good idea and lot of states that had it have dropped it for various reasons.
Last edited by Vega$Vette; Jun 9, 2023 at 01:48 PM.
I recommend doing to searches for selling/selling prices of similar cars. I have a 2001 Diesel Excursion, that was in a wreck, They wanted to total it and give me 9k. It need 7k in repairs. This was 1.5 years ago.. I said no, I want it repaired, and I think it is worth more. After me doing so web searches and sending them to the adjust, they Changed the value to $14 and so they repaired it.
Just like with Property tax protests, doing you own research can help.
I have been involved peripherally with more than a thousand of these actual settlements and can actually say by far the majority of the insurance companies offers were more than fair. Wait till they present their numbers and compare it to what you think is fair. It ain't over till you sign and there will be plenty of time to spend your money hiring an attorney who is just guessing anyway.
I've had 2 vehicles totaled and had to "negotiate" and do a bunch of research on my end before I received what I felt was a fair settlement. First was my Chrysler 300 SRT8 which the adjuster kept valuing as a 300 base model. Either he was new or just incompetent. The valuation came back as a V6, 16" wheels, etc. I had to go over his head to his manager to clear that up. Once that happened, I received a very fair settlement.
The second was on my wife's 4-month old Wrangler JKU. Similar thing where they valued it as a base Sport model but it was a limited edition model with an MSRP $8k more than a Sport. The adjuster admitted she didn't know anything about Jeeps and the various special models. I provided the window sticker & comp sales of the same model, plus the fact it was only available for 3 months, then they increased the settlement by $7k.
The other thing that happened with that vehicle is our insurance agent told us to cancel the GAP policy because our policy included GAP. I confirmed with her 3 times in writing. Then when the vehicle was totaled they said oops, your agent was wrong. The broker ended up cutting us a personal check for the $4k difference between their settlement and the payoff.
As others have said, start doing research on comp sales in your area. Lucky for you the used market is still crazy and sales prices are way up. Good luck.
Despite NJ being a no-fault state, you file with your compan and they will subrogate the claim to the car owner's insurance company that tboned you. So it's not really your company that is paying, it's the other guy. If you are both insured with the same company, that's a problem, but if not, you tell your company to go after the other company. That's what you pay them for. Your company won't be out of pocked once they subrogate it, they don't care how much you get.
Be proactive. The company will pay you replacement value so get the best info you can on what it will cost to replace the C8 including taxes and title fees.
No need to involve an attorney unless you can come together on a settlement in a reasonable time.
This "get an attorney" stuff is not needed, you don't even know what the insurance company's offer is yet
I can attest to the fact the insurance companies are generally 'fair'. Buddy of mine totalled his 1M when they were rare and he got paid more than what he bought it for. He basically got 'market' price for his car.
I belong to the fraction of posters who would make the recommendation that, in general, it's more prudent to wait to see how the insurance companies are treating you before retaining an attorney. If you feel you're being treated fairly, or reasonably, then retaining an attorney will be lost money. Attorneys can be expensive. :However, most attorneys will offer a reduced rate for say, to discuss the case with you. If you have questions about the accident this is the most economical way to come up to speed with how the traffic laws and insurance payout procedures work. If you retain an attorney, you could be looking at large hourly fees, or for a contingency case, the attorney may want 1/3 to 1/2 of your payout from the insurance company. I just finished a legal process with an attorney's law firm. The head attorney wanted $450 an hour and $350 an hour for an associate attorney. They charged in 1/10 th an hour increments. 0 to 6 minutes to read an email or talk on the phone was free. Anything over 6 minutes was at their prorated fee.