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Car destroyed while parked. Total Loss.

Discussion in 'Auto Accidents, Injuries' started by wolyboly, Jul 4, 2018.

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  1. wolyboly

    wolyboly Law Topic Starter New Member

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    Jurisdiction:
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    Hello Everyone.

    I am seeking some guidance with respect to my situation. My car collided with a truck while parked in Brooklyn, New York. The company that owns the truck is based in the Midwest and is self-insured.

    The accident occurred in the last week of June '18 and the truck driver's company has since declared my vehicle a total loss. The repair assessment however indicates that the cost is about 66% of the car's market value. They have told me that they expect the final cost to exceed 75% and for that reason they have totaled the vehicle, as required under NY law.

    The bottom line is that they have made me an offer for only the cost of the vehicle. I have made a request and counter offer, which asks for additional costs that I must incur such as registration, inspection and other anticipated costs. I felt that was a fair reques because I bought the car only four months ago. They have completely refused to discuss the matter and have shown no interest in negotiating further.

    What are my options? How do I get them to compensate me fairly?

    Thank you!
    Vik
     
  2. mightymoose

    mightymoose Moderator

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    If they won't negotiate with you then you will ultimately have to either accept their offer or take the matter before a judge.
    Is your own insurance company not involved? They should be able to give some guidance with this.
     
  3. wolyboly

    wolyboly Law Topic Starter New Member

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    Thanks Moose. My insurer has been helpful to some extent but I am trying not to use my own insurance because I have a large deductible.
     
  4. army judge

    army judge Super Moderator

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    How did your PARKED car collide with a moving truck?

    That must have been quite a spectacle, parked car colliding with moving truck.
     
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  5. mightymoose

    mightymoose Moderator

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    Right up there with "Man Bites Dog".
     
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  6. adjusterjack

    adjusterjack Super Moderator

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    Or "the tree jumped in front of my car."
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Why do you have a large deductible?

    I'm always amused by people with high deductibles who complain about having to pay them.
     
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  8. zddoodah

    zddoodah Well-Known Member

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    For starters, you're entitled to the lesser of the vehicle's fair market value at the time of the accident or the cost to repair. The cost of registering a new vehicle or an inspection or whatever else you're seeking are not compensible, and it doesn't matter how long ago you bought your car.

    If you believe the vehicle should be repaired, then have it repaired and seek reimbursement. Either pay for the repairs yourself or make a claim against your own insurance. If you go through your insurance, you'll have to pay your deductible, of course, but your insurer will then handle the process of seeking reimbursement (including your deductible) from the driver, the driver's insurance and/or the driver's employer.* Keep in mind, of course, that your own insurer might determine that the vehicle should be totaled, so you could end up in the same place.

    At the end of the day, if you can't work out something you like, you're free to sue.

    * - To the extent NY has "no fault" insurance laws, I have no idea how they might impact this issue.
     
  9. txls

    txls Well-Known Member

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    My personal insurance does pay for the sales tax, registration etc. However a commercial policy usually does not. If you can't get them to move on their number, then you can try to sue for the difference but it's probably not worth it. Rather than try to get them to pay the extras, do some research and try to negotiate the value of the car.
     
  10. army judge

    army judge Super Moderator

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    I love to listen to the cute, little birdies when they sing, "Cheap, cheap, cheap!"
     
  11. wolyboly

    wolyboly Law Topic Starter New Member

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    Apparently, the truck collided with and dragged the car while making a left turn. It all happened in the early hours of the day.
     
  12. wolyboly

    wolyboly Law Topic Starter New Member

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    Thanks! Do you know if its possible for me to incur additional losses in this case if the truck driver suffered any injuries during the incident? Even if my vehicle was parked? I guess I'm being overly cautious...
     
  13. zddoodah

    zddoodah Well-Known Member

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    I'm not sure what you mean by "incur additional losses." Your only losses will be in the form of damage to your car. You have no liability because you weren't driving.
     
  14. wolyboly

    wolyboly Law Topic Starter New Member

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    Thanks. I meant liability. Still puzzled with the terminology a bit. Appreciate the response.
     

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