REAR-ENDED in accident?

on 7Feb07 I was rear-ended by some idiot who was not paying attention. My car was totaled! his TRUCK (F-150) had minor damage, broken headlight and bumper was a little damaged. I had 95 mitsubishi eclise with about 197K miles (I know MANY miles) the car had about $3,000 in add-on's; Full Kombat Blitz body kit, custom paintjob, 17"rims, and many more. The Kelly Blue Book value for my car is $2,600. The insurance company is only giving me $2,400!! My car is trashed, when the guy in the druk hit me, he sent me against a rock wall. My car was unique, it will cost me at least $3,000 to get it looking like it used to. Can I get the insurance to company to either A. Fix my car to the way it used to look like or B. Give me at least $5,000 for the car and all the add ons. I have pics of the car on http://www.myspace.com/HORSE10029 PLEASE HELP.
Additional Details
I forgot to mention, MY insurance company is NOT paying for the car, its the OTHER drivers insurance company that is paying me the $2,400. Also my wife sustained a broken nose, big black eye, and many bruises. I sustained a swollen hand, lacerated eye, neck strain, and bruises. Can I sue for those injuries? are they serious enough? Thanks you all :)

Lisa A

Read your policy. It will say something about customizations. Usually it will say that only xxx dollars of customizations are insured. I just got my policy out and it covers me for only up to $1000 of customizations.

You should gather your receipts and your policy and visit your agent. See if you can get him to add the $1000 (or whatever amount you are covered for) to your settlement.

cremedelacrem281

insurance is gonna go by blue book value regardless how much you have put into it

OrangeCharlie

If you add ons were not specifically mentioned in your policy then they aren't covered and you will just have to accept the $2400. You add ons wouyld need to be mentioned in a special equipment clause.

Danagasta

First of all, be glad you're alive. Someone hitting your car the right way can kill you, especially if you're smacked against a rock wall. Be thankful for that part first and foremost.

Second, you might have to wait a while with the insurance claims. They do take a while, but you may at least get a new smaller car out of that. You'll probably end up with the Blue Book value of your car,as that's a standard estimate. All the other add-ons are cosmetic, really, and unless you insure those too, well, they're gone.

Sure you can sue. Do it. Take him to small claims court.

Also talk to a lawyer about punitive damages for a negligence lawsuit.

Chad

Dont give in to their offers especially when injury is involved. As an injured party, you are entitled to legal compensation from the other party. I was rear ended by a semi truck with a flatbed. I am in a fight myself to get the other party to admit total fault. The reason a total fault isnt made from the party is because he has another version of the story just so he can cover his *** and quite frankly his job, but he also wanted to contest his ticket, but he lost so this helps my case big time. The other insurance co. initially wanted to deny my claim even with this evidence considered, but when I stated I was getting a lawyer because I was going to get a copy of this evidence that would work against him, they changed their tone big time and I have email documentation, many people dont get this type of documentation, but they still insisted it was a 50-50 fault, but thats BS because if they admit total fault, then you get money you are entitled to. Never let an insurance co. pressure you. If you feel they are treating you unfair, get a lawyer.

But you must seek medical attention, whether it is a hospital or chiropactor within a reasonable amount of time. Injuries are often hard to prove, but document everything. In my case, I had two different doctors that checked me out, so it wasnt just a bias opinion.

Kiffin # 1

Sorry! Unless you have specialty insurance (like J.C. Taylor, for collector, custom, and classic cars) you're out of luck. The only thing to do is contact a good accident-attorney and go after the "idiot" who rear-ended you for the difference.

gregs111

you need to get a lawyer for medical claims and for losses on your car

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