Re: Insurance Will Not Pay for My Totaled Car
first, you do not sue the insurance company. You sue the person that cause the damages.
If you had an estimate for $3500 for the first accident, then that is what the damages were considered to be.
Now, before the second accident, or if it were repaired?
You do not get the $3500 from the first accident again. You never repaired that so there was at least $3500 worth of damages existing when the second accident happened. What the at fault party in the second accident owes you is the damages they caused and nothing more.
So, what you want is an estimate of the additional damages you incurred. While that is not all that easy, the simplest way to get some idea would be to take the second accident estimate and remove all of the items that are included in the first estimate. The remainder is your additional damages.
Now, you have to also have the car evaluated for it's value after the first accident but before the second accident. The second at fault party would owe you no more than that regardless what the total damages (attributable to them) total.
Then, when you get all that figured out, you sue the at fault party of the second accident for that amount.
and if they sent you a check and it included a release of claims and you cashed it, you are pretty much SOL.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.