Car toaled with a twist. Legal question.

I got rear ended by a guy last month. He hit me and another car. Clearly his fault, no attempt to stop, no tire marks, just drove into us. My car is a total loss. The accident happened on a Wednesday his insurance (Quincy Mutual) accepted responsibility the next Monday (but not in writing). The accident happened in Connecticut.

Here's the unique part. I had a ongoing, minor, warranty issue with my car that they just couldn't fix. The manufacturer offered to replace the car since they couldn't resolve the problem. Obviously I accepted that deal. The agreement gave me $19,000 (roughly the original MSRP) towards a brand new car. I had my choice of a car on the lot or ordering exactly what I wanted. I was in the middle of the process when along comes the idiot that wrecked my car. A condition of the contract requires me to return my car undamaged. So now the deal is void because I have no undamaged car to return.

I've been offered $10,000 as the "book value" of the car. That's not anywhere close to the real loss I suffered considering where I would have ended without getting hit. I had $19K towards a new car and now they expect me to walk away with $9K less than I had and be thankful. My contention is that missing $9K is a real loss and I should be reimbursed. Am I wrong?

Additional info: I was diagnosed with multiple sclerosis and cancer last year. All things considered I'm doing reasonably well I guess but it's still hard. Reliable transportation is important as you can imagine. I'm still in pain from the accident. I'm struggling with transportation issues. I'm buried in medical bills. I'm busting my ass just to keep working so I don't lose my health insurance. I was supposed to have a new car and now because of some inattentive driver that's been taken from me. I just want to get my new car for what it was going to cost me and move on with my life as best I can. Sorry if this turned into a sob story. I'm just tired of fighting and could use some help.

Edit: Can't edit typo in subject. Too lazy to delete and repost.

Do you have the 19k offer in writing?

bgkast wrote: Do you have the 19k offer in writing?

This.

I think that in this case, you need to lawyer up.

Hope you have that 19k in writing--then Lawyer up.

Assuming you've got the offer in writing, I'm pretty sure a lawyer could fix this for you.

But it might cost you $9K in legal fees.

What everyone else said....if you have that offer in writing, time to play hardball.

Add to this, you are a poor cancer sufferer who has been irreparably damaged by that madman. I normally don't like to involve lawyers but this seems like a no brainer. Your pain and suffering award (ask for seven figures, settle quick for half that and get on with your life).

And another thing! His insurance company needs to have you in a rental car. Like the day of the accident! Their failure to take care of you immediately just shows their infinite callousness toward you.

Seriously, this is a job for an ambulance chaser.

Yes, I have the agreement in writing. They've come up with every excuse in the book to not pay. I filed a complaint with the state insurance department but I'm pessimistic about them actually being an advocate for me. Guess I need to find a lawyer. Just another thing to suck time and energy from my life.

In reply to KyAllroad:

They put me in a rental car for 30 days. When I refused their offer, which they refuse to put in writing, they stopped paying for the rental.

Datsun1500 wrote: I'd turn it over to my insurance company and let them fight it out before lawyering up. It's at least worth asking them.

My insurance says my comprehensive coverage won't cover it. Still nothing in writing from them though.

OK, hopefully I can help clear things up (OP, this is what I do for a living).

With respect to a lawyer, your choice. But be sure you really understand what a lawyer will and won't do for you, and most importantly what it will cost you. Most lawyers won't take a property damage only case, and the ones that do will take pretty much all of the "extra" you get anyway...and they slow the process down.

You mentioned your comprehensive coverage won't cover it. This is a collision loss, not comprehensive. Comprehensive is flood, theft, fire, deer. You need to check with your agent to see exactly what coverage you have.

Something is missing with respect to not getting the offer from Quincy Mutual in writing. If you ask, they need to provide it to you. I've never heard of an adjuster not providing it. If that's really the case, ask for their supervisor, as they need some training. There's nothing to hide, if you file a complaint with the DOI, they'd have to provide the documentation.

Liability clearly isn't an issue, so put that part aside. This is strictly a matter of damages. The insurance company obligation is to make you "whole". The overwhelming majority of the time, that means to pay for the value of the property you had at the time of the loss, if it cannot be repaired. But this is definitely one of those "grey" areas. The insurance company is not responsible for any agreements or contracts you had regarding the sale/trade of the car. That said, if you had a contract with the manufacturer that said you were to turn the car in within a very brief time from the date of the accident, I'd have to take a long hard look at that contract to see what I'd want to offer.

I've been doing this a long time, and I don't know I've come across this exact situation...where a car was about to be turned in due to Lemon Law issues...and became a total loss. It's probably a unique/new situation for Quincy too. What did they say when you provided them the agreement you had with the manufacturer? It's hard to say what I'd do for sure, since I can't see that agreement (I'd want to read it because it may change my opinion).

Does your neck hurt from the accident?

Datsun1500 wrote: I can see the other side though. You had a car worth $10k, so they are obligated to give you the replacement value. You could even argue that it's an upgrade because it's not one with issues. You were driving down the road in that car, they need to replace that car. The deal you had to turn it in is not relevant to them. It's like saying I had my $5000 car sold to someone for $10k. So? Just because that guy would overpay does not mean I would overpay. How do you prove the $9k is a "real" loss? If you can buy a similar year, make, miles, car for $10k, they're off the hook. I don't agree with it, but I can see it. You might have a better chance actually suing the other driver for that loss.

You are exactly right, which is the point I was delicately trying to make. The insurance company really only owes the cash value of the damaged car. However, this one has room for argument and isn't good on the "smell test" (depending on some details I don't know right now).

Note that if OP does sue the driver, the insurance company steps in to defend, so he ultimately winds up back with them. Filing the suit is just the last step in trying to resolve with insurance.

Here's how I think this will play, and you aren't going to like it. The insurance company has the obligation to make you whole. That is a replacement for your vehicle, which is $10k. Or, another way, if your car didn't have problems, there would be no question that $10k was the right number. You will then need to sue the guy for the difference. You will be able to show that insurance didn't make you whole (based on the offer letter), but it will take court to get there, and then the question of being able to collect.

I would get into the mindset of you had your car, you liked your car other than the unfixable problem, so now you'll get another one without the lemon-like issues.

glueguy wrote: Here's how I think this will play, and you aren't going to like it. The insurance company has the obligation to make you whole. That is a replacement for your vehicle, which is $10k. Or, another way, if your car didn't have problems, there would be no question that $10k was the right number. You will then need to sue the guy for the difference. You will be able to show that insurance didn't make you whole (based on the offer letter), but it will take court to get there, and then the question of being able to collect. I would get into the mindset of you had your car, you liked your car other than the unfixable problem, so now you'll get another one without the lemon-like issues.

My contention is I had a valid contract and was actively in the process of fulfilling that contract when their insured totaled my car voiding the deal. I was going to end up with with a brand new car for $X. Now that's impossible and a new car will cost me $X plus $9,000. That's a real, factual loss in my book. I'm financially harmed solely because of their insured.

Enyar wrote: Does your neck hurt from the accident?

Still having abdominal pain. I had two surgeries last year related to the cancer and I'm afraid there's something wrong in there. If it takes another surgery to fix it I'm going to be upset beyond words.

Datsun1500 wrote: It's like saying I had my $5000 car sold to someone for $10k. So? Just because that guy would overpay does not mean I would overpay. How do you prove the $9k is a "real" loss?

If you had a valid contract and their insured voided that contract I'd argue they're obligated to make you whole.

Legal contracts have value. People sue over business contracts all the time. I'm not really disputing the "book" value of the car. The harm to me is in the voided contact.

This is what's going to make driving my 'rolla on the street frightening. The street value is about 3-4x the book value, and the money I have in it is about 3-4x the street value. Looked into stated value insurance and nobody will do it for my car because it doesn't qualify as a classic.

Datsun1500 wrote: In reply to townsend7: He does not have a contract, he has an offer. The contract never happened, because the car did not change hands. There's a legal difference.

A contract exists when two parties agree on a transaction. Just because the transaction wasn't completed it doesn't mean a contract didn't exist. Some contracts are verbal, mine was in writing. In my case I was actively in the process of completing the transaction when a third party voided the contract. It's not like I got a coupon in the mail, this was a written contract with terms and conditions for both parties to adhere to. I'm unable to fulfill my end of the agreement because of someone else's negligence.

townsend7 wrote:

Datsun1500 wrote: I'd turn it over to my insurance company and let them fight it out before lawyering up. It's at least worth asking them.

My insurance says my comprehensive coverage won't cover it. Still nothing in writing from them though.

Your collision might.

Datsun1500 wrote: The guy did not hit a $19,000 car, he hit a $10,000 car. It's the same reason people have stated value classic car insurance.

Damages are not limited to just the car. Other things are and have been covered, there is precedent for this. The contract had a real value to me. I was starting at point A and once the contract process was complete I was going to arrive at point B.

Let's say you have a business. I drive my car into and through your business destroying inventory and records? As a result you lose business, you're unable to deliver product that has already been ordered. Are your obligations to fulfill your orders now meaningless because no product ever changed hands? That costs you money. Would you argue that my liability insurance is only obligated to cover the physical damage to your business and your lost income/business is just bad luck?

My comprehensive coverage covers my car. My liability covers damages, not just physical damage, I cause with my car. Right?

Stop worrying about the 9 grand. Stop worrying about the car. Lawyer up. Shop around, ask around for references and when you find a good one, that's what he'll tell you. The one I hired said he couldn't care less about the car, that whatever dough I had in it wasn't worth his efforts. He was much more concerned with medical expense, and my injuries. See, I got a concussion outta the wreck and a somewhat banged up knee and that's what he went after the other ins co for. If you got rear ended and injured, that's the end of the debate. You can try to collect damages for the injuries, and get your medical bills covered by yourself, complete with the huge stress of dealing with both your and the other guys' insurance trolls, or you can let your lawyer do it and you never have to talk to any of the bastiges. Either way, prepare for at least a year before it all pans out. But I can prettymuch guarantee that you will be better off financially if you find a lawyer. The language you're using tells me this is uncharted territory for you, you're freaking overwhelmed, and have no business dealing with sharks in business suits right now. The injury settlement WILL have the 9 grand you're looking for in your car, as a small part of a large pile of pain and suffering and medical compensation. Trust me on this.

^^ And people wonder why their insurance rates are so high. Sigh...

I've been called a lot of things, but a shark in a business suit is a new one. I'll have you know I don't wear a suit, in fact we have casual Fridays, it can get freaky...