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I was rear ended they were found at fault
Anonymous9 views6 answers
I was rear ended and the police found the other party at fault. My glasses were broke. During transit from the wreck (over 20 miles) the reminents of my glasses were lost. Their insurance refuses to pay for replacement glasses ($532.19). What are my options? I also kelly blue booked my car and also nada value around 9300 and 10000 they are only willing to give me 8,000 well bellow what my car is worth. What are my options?
Richard Todd RosensteinPersonal Injury LawyerGlendale, CA ·
The Blue Book value is not the required settlement value. Your are entitled to fair market value for the vehicle. You can dispute the valuation with comparable sales. If the glasses were damaged in the accident, you would probably be entitled to the repair costs and/or the fair market value of the used glasses.
As for your glasses. Go to the nearest court house and ask a clerk to assist you in filing a small claims complaint-less than 5K. Once the individual is served the court will have a pre-trial hearing and will ask a court mediator to attempt to settle the debt. Also ask for your filing fee to be paid by the at fault individual. As for the Property Damage. Stand your ground and argue with the Ins. Co. Start by finding comparable vehicles within 100 miles of you that are selling for the 9300-10K you are looking for.
In Utah, the small claims limit is $10,000. So, if the total of all your damages is over 10K, you will be limited to a total of 10K in small claims. Your car is worth what you could have sold it for just before the crash. Kelly Blue Book, NADA, etc. are estimates. You need to show the insurance company why your car is worth what you are claiming. They will try to show its not worth very much.
For your glasses, they are property. So, you could include it with the car and any other property that you take to small claims. If you were hurt at all, get in touch with an injury lawyer and they can help you. Feel free to give us a call and we can answer any questions.
