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  1. #1
    Join Date
    Sep 2007
    Posts
    3

    Default Parked Car Hit, Total Loss in Missouri

    Recently my car was hit in the parking lot at work. I was parked and an 85 year old man leaving the DMV (just renewed his license) was flying out of his parking spot.
    He sideswiped my vehicle, hit my assistant managers vehicle and pushed her car out of the spot and into another persons car. I took my car to a repair shop and his insurance company called me back and informed my that my vehicle was a total loss.

    I have a 99 Toyota Camry V6. They determined this by stating that my vehicle had some prior hail damage. They say it's value without damage is $5600. The hail damage deducts $5906.75. So they are offering me $900. The repair cost will be $1800. The side of the vehicle that was damaged had no prior hail damage and now the vehicle is not drivable. I just paid this vehicle off and bought a home. I am a single mother of 3 and cannot be without a vehicle.

    I spoke to a lawyer and they said I should take the driver to small claims court. How should I present my case? I am not looking to make money off of this, I just want my car back to the way it was, hail damage and all. If I take the settlement from the insurance company could I still sue him for the remainder?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Parked Car Hit, Total Loss in Missouri

    You can expect that his insurance company will want you to sign a release of claims in association with the settlement, meaning you could not subsequently sue their client for damages from the accident. If you don't think the appraisal figure is accurate, you can sue him without settling and see if you can convince a court to award more.

    Have you sought an opinion from the body shop about how much it would cost to repair the hail damage? (I think there is a typo in your figures - if the car is worth $5,600 before consideration of the hail damage, and the hail damage deducts $5906.75, the car would appear to have a pre-accident value of negative $306.75.)

  3. #3
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Parked Car Hit, Total Loss in Missouri

    The figures are correct (according to the body shop and the insurance company). To fix the hail damage I am assuming would be the $5906.75. However, I don't want the hail damage fixed, I got a good deal on the car because of the hail damage. I was perfectly fine with it. I just want it restored to pre accident condition. You could barely see the hail damage but my destroyed door, quarter panel, wheel and bumper are quite noticeable. I guess I just don't understand how my vehicle can have a negative value.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Parked Car Hit, Total Loss in Missouri

    It can't. The question really is, what would a vehicle in that condition fetch on the market if sold. Apparently the insurance company is contending, $900.

    How much did you pay for the car, and how long ago?

  5. #5
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Parked Car Hit, Total Loss in Missouri

    I bought it for $2200 3 years ago from my friends parents when I found out they were going to surrender it to the insurance company. I knew the history of the vehicle so it was not like buying a used vehicle from a dealer or on the street. Its a great car and it runs perfectly. I just don't think it is right for me to be out of a vehicle. They may say that it is worth -300 but the value it represents to me is greater. Meaning, if I don't have a vehicle I can't take my kids to school, if my kids don't go to school, DFS will remove them from my household. If I don't have a vehicle, I can't go to work, if I can't go to work I lose my home. This is a big deal to me.

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