Auto Insurance Claims: Large semi-truck totals my car, minute time frame, wholesale warehouse


Question
I work for a large wholesale warehouse and last week I parked on the street next to the warehouse. About 25 minutes after I started work another employee informed me that my Rave 4 L had been hit.  They did not see the accident but the driver had just dropped off a load and took off after hitting my car. We figured out who had done this because his truck was the only delivery during that 25 minute time frame.  His large company is located in Seattle and the management of that company requested that he return to the hit and run scene.  He finally admitted that he was to blame and now my nightmare begins.  My car was considered a complete loss and totaled beyond repair.  I saved my money for a long time to pay cash for my car, I had all the extra things included like leather seats, moon roof, towing hitch, 4 wheel anti-lock brakes etc.  I loved my car. Now I wanted to just go through the trucking company,s claims department to avoid paying my 1,000 deductible.  They offered low blue book and said I could also have my totaled car back.  The low blue book is 10,000 dollars. The blue book on my car is 12,500.  I only have 66 thousand miles on that car and it has never been in an accident.  I did not take the offer and decided to look around to see if I can find something similar to replace the car. That was also impossible because those cars are not that easy to find and the ones I looked into ranged from 12,999 (a year older and twice as many miles). to 16,999. The claims adjuster left a message on my answering machine telling me that because I did not answer my phone it means that I will go through my insurance company. I never said that and I wish I can do something about this situation.  All I want is what they took away from me. I don't want any more or any less. Is this possible and what are my options?  Is there any recourse that I can do to make this RIGHT?   I did nothing wrong I just went to work.  Plus I missed 7 hours of work that day because of trying to find out who hit me and taking care of getting a tow truck and finding a rental car for work the next morning. They are paying for the rental. Please help me.  Thank you so much for taking the time to read this.  Barbara

Answer
Barbara,

The trucking company owes you the cost to replace your RAV4 with one of like kind and quality, plus sales tax and license transfer fees. You should reject their offer of settlement and start doing research into the local market for a car just like the one you had. Once you have the cost of the replacement car, send a demand to the trucking company's claims office for that amount. Tell them that in the absence of a settlement that will make you whole again, you will initiate legal action against them, which will increase their cost. You may want to file a claim with your own company for the loss of your RAV4, as well. Once they subrogate the loss with the trucking company you will have your $1000 deductible reimbursed. They may treat you better than the trucking company is presently.

Charlie