My car was hit by a city garbage truck and I took it to a bodyshop to get an estimate. They estimated 7500 worth of damage. The city insurance said they would cover all damages since they were at fault and there is a police report stating this. The city adjustor also came out to make an estimate and he reported the car as totaled and the settlement is for 6000. I am the owner of the car. There is not a lien on my car. I barely bought the car 2 months ago for 6800 and since then I have put in an additional 1500 worth of work. I have all receipts to the additional work. This doesnt seem right to me? What are my options?
What were the additions? Does the adjuster know about them? Also, what is the blue book value of the car? Can the additions be removed and placed on another car? You can dispute the adjuster's valuation, but you should be able to substantiate your claim for the difference. The receipts you have will help.
I wish you the best of luck.
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Legal Disclaimer: Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
Perhaps a further conversation with the adjuster. Absent that you would have to file a lawsuit. Be mindful that municipalities have very short and rigid filing requirments. Good luck.
If your car was totaled, the insurance company will pay you the fair market value of the car and then add on sales tax, unsued tabs, and transfer fee. They should show you how they reached the fugure they offered to you which should include comparable vehicles like yours making additions and subtractions for mileage, model, options, overall condition, etc.
You can do your own research and use Kelly Blue Book, NADA.com, Autotrader.com. Unfortunately, what you paid for a car may not be the same as the fair market value. However, it you did some recent work on the car, they may give you some credit. But generally, maintenance and mechanical work only maintains the value and not increase it.
Andrea SheinbeinLawsuit / Dispute AttorneyGeorgetown, TX ·
I agree with the out of state(!) attorneys. If you cannot reach a settlement you are happy with, you should speak with an attorney who knows how to sue a municipality. Fortunately, negligent acts related to a motor vehicle are one where the Texas Tort Liability Act allows you to sue. However, it will cost you a lot upfront in attorney fees and there is no guarantee that you would get them back in the litigation. Try to settle this if you can.
