My question involves an incident that occurred in the state of: California
6 months ago I was rear ended during a slow bumper-to-bumper traffic. According to the police report, the driver who hit me "fell asleep behind the wheel". The impact was hard enough to throw my car into the car in front of me (which was at a stop during the impact). I ended up with front and rear end damages. The insurance company totaled my car and paid me out for it. Before I agreed on the payout, I made the insurance claim adjustor clarify that receiving the payout and cashing the check does not release liability of the other person who rear ended me. I even asked him multiple times and made him say that I can "still sue the other driver for property damage" if I believed I deserve more compensation. Before I cashed the check, I made sure there wasn't any fine print that contradicts the statement of the insurance adjustor.
Here is what makes this incident more than what it has been to me. So the insurance company paid me how much my car was supposed to sell within the last 3 months of the incident assuming it was in its pre-accident condition & I agreed to that amount. But the car I was driving was more than just a "car" to me. It was my hobby/race car. I competed in local race events with that car therefore I had put a lot of time, sweat, and money into it. For the year 2016 I won first place with that car and I have something to show that says I was the class champion for 2016. For the year 2017 it was close competition but I was at 3rd place after the first 3 races and that was RIGHT BEFORE I was rear ended. I drove other competitors' cars in hopes to still fight for the top position but fell below 3rd place because well, I wasn't driving my own car. Within two years prior to the accident, I collected receipts for the parts that I have bought for the car and it totaled to more than $15,000. This does not include the parts I bought from local folks where I handed cash, and I also installed the parts myself so I don't have papers to show labor costs. This is the reason why I believe I deserve better compensation than just "market value" for my totaled car, I lost more than just a car.
I know that I can not recover all of the $15,000 I spent on parts that I were on the car. I am thinking of filing a claim in small claims court to ask for the maximum $10,000. I have never sued anyone before. What does any of you think of my situation and is there any advice for me? I would greatly appreciate every little input.
6 months ago I was rear ended during a slow bumper-to-bumper traffic. According to the police report, the driver who hit me "fell asleep behind the wheel". The impact was hard enough to throw my car into the car in front of me (which was at a stop during the impact). I ended up with front and rear end damages. The insurance company totaled my car and paid me out for it. Before I agreed on the payout, I made the insurance claim adjustor clarify that receiving the payout and cashing the check does not release liability of the other person who rear ended me. I even asked him multiple times and made him say that I can "still sue the other driver for property damage" if I believed I deserve more compensation. Before I cashed the check, I made sure there wasn't any fine print that contradicts the statement of the insurance adjustor.
Here is what makes this incident more than what it has been to me. So the insurance company paid me how much my car was supposed to sell within the last 3 months of the incident assuming it was in its pre-accident condition & I agreed to that amount. But the car I was driving was more than just a "car" to me. It was my hobby/race car. I competed in local race events with that car therefore I had put a lot of time, sweat, and money into it. For the year 2016 I won first place with that car and I have something to show that says I was the class champion for 2016. For the year 2017 it was close competition but I was at 3rd place after the first 3 races and that was RIGHT BEFORE I was rear ended. I drove other competitors' cars in hopes to still fight for the top position but fell below 3rd place because well, I wasn't driving my own car. Within two years prior to the accident, I collected receipts for the parts that I have bought for the car and it totaled to more than $15,000. This does not include the parts I bought from local folks where I handed cash, and I also installed the parts myself so I don't have papers to show labor costs. This is the reason why I believe I deserve better compensation than just "market value" for my totaled car, I lost more than just a car.
I know that I can not recover all of the $15,000 I spent on parts that I were on the car. I am thinking of filing a claim in small claims court to ask for the maximum $10,000. I have never sued anyone before. What does any of you think of my situation and is there any advice for me? I would greatly appreciate every little input.
Traffic Accidents: Suing for More Compensation After a Payout for the Totaled Car
Aucun commentaire:
Enregistrer un commentaire