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Originally Posted by WANNA930
Is the $5k for the total ACV of the car or is it for the settlement amount? They are two different things. ACV is what the car is worth at the time the value is ran. The settlement amount is taking the ACV and then adjusting for what is the percentage they owe for the loss.
Unless you are rear ended the chances of you getting 100% form a third party carrier is about zero. YOU have negligence in the accident if you believe that or not. If your car is hit in the nose unless you have a signed police report saying other party broke a law and was issued a ticket for doing so at the scene you are not getting more then 50% and most likely about 30%. The moment you leave that scene the other driver is talking to his council (most likely his friends) and is now blaming YOU and changing his story.
Comparative negligence is what they will explain to you. So if your car was worth $15k they will offer you say 30% which would be $4500 then you would add your taxes. It has nothing do do with a fair value it is the law like it or not.
Your attorney isn't going to get you a penny more for your ACV and they have zero interest in that portion of the case no matter how much more you get for the car. As for getting an attorney the day after you were in a loss before you had time to be diagnosed well that doesn't need explanation. There of course are exceptions if you were taken from the scene and still hospitalized.
What people do not understand is Insurance Co have heard every story and every scenario. I honestly hope you get the amount you are do and if you are injured you are ok. I am only answering the questions from about 15 years of experience. Insurance adjusters are not out to get anyone and would rather pay you and get that file off their desk.
People make the mistake of saying the are getting an attorney as a threat and it backfires if they do not follow through.
Is the $5k the total ACV or the settlement amount?
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$5k is what they said. The other driver was cited for running a stop sign and driving with an expired license. I was not cited. The other driver was 100% at fault.
I called the lawyer while I was at the ER being poked, prodded, x-rayed , and having my wallet raped.
C'mon, you are saying I should take a $30k loss on this and that's the law? Bull****.