QuestionHi, my car was was hit from behind at a red light and was the sec. car in line. The car behind my car smashed into it and casued me to hit the car in front. The police cited her for being at fault, now her insurance,Allstate, is saying that they may pay less for the car or they may not even pay at all beacuse my car has a salvage title which i did not know. I was never told that it had a salvage title when i bought it, its a 97 Geo Prizm sedan 4 door, i've had it for about 4 1/2 years now. That is the only car that i have to get to work and they won't even get me a rental. They also totaled the car. The accident happened in Texas on Sep. 30 and it is now Oct. 16 and they still have not giveing me an answer as to what they are going to do. I called the adjuster about 2-3 times a week but she won't call me back until a week later. What can i do?
AnswerWOW, Melissa, how can such a simple looking paragraph contain SO MANY complex questions.
It is after midnight and Doctor Settlement just opened your email, and so I thought I would put some questions to you and give you some general guidance.
If I stop making sense, I might have gone to sleep! But rather than wait for morning, I know you want an answer now.
The problem is: you are going to have to do some homework to learn the rules and to enforce them.
FIRST, let's find out if your car was sold to you in misrepresentation. Go to Carfax, and for free run your car to get its history.
Here is the link: http://www.carfax.com/
SECOND, if your car comes up clean, you may have an unfair practices claim against AllState. Little would make Doctor Settlement happier.
THIRD, on the other hand, if in fact your car had been salvaged and re-titled, then you likely have a cause of action against the dealer who sold it to you. This could be called fraud, but since that charge carries a requierment of intention to deceive, it is easier to prove negligent misrepresentation.
FOURTH, should you be the victim of either unfair insurance claims practices or negligent misrepresnetation by the dealer who sold you the car, you could be in for a BIG PAYDAY: up to three times your actual damages, and attorney's fees paid as well.
The Deceptive Trade Practices Act (DTPA) is Texas's primary consumer protection statute. The statute prohibits a list of deceptive trade practices deemed to be false, misleading or deceptive. The DTPA gives consumers the right to sue for damages. Consumers who win a suit brought under the DTPA, are entitled to attorney's fees, and if they show the person acted "knowingly," they can receive damages of up to three times their damages. Other consumer protections statutes tie in to the DTPA and allow consumers to sue under the DTPA for violation of those other statutes.
Here is the link to the Texas Consumer Protection Statutes: http://www.law.uh.edu/peopleslawyer/consumerprotection.html
FIFTH, even if your car had been "totalled" by Allstate, they still must give you a rental car until such time as they have made a good faith offer to settle by cash payment. You did not mention whether or not they had made an offer, but it would seem unusual if they had not.
SIXTH, for general information on your rights regarding picking your own auto body shop for an estimate and work, Doctor Settlement has worked out a page on the internet that explains it all. Doctor's website, www.SettlementCentral.Com, has complete articles on your rights after a car accident. Here is the link: http://www.settlementcentral.com/page0007.htm
SEVENTH, on the page I just cited, scroll down near the bottom and click on the link "your vehicle is totaled". There you can read a strategy that will sometimes work. For example, let's say that a normal '97 Prizm had a fair market value of $4,500. But your car, because of the retitled salvage, had a value of only $4,000.
Let's say that the cost of repairs, using Original Equipment parts (OEM) is $3,500.
In this case, the insurer can "total" your car and pay you the FMV (with certain adjustments). They take your car and sell it for cash, without having repaired it.
But, if you feel you cannot buy a better ride with the $4,000 you are going to get, then consider making the repairs with USED AND NON-OEM PARTS. If you do this, the value of the repairs could drop by as much as $1,000, down to $2,500. In this case, you would retain your ride.
EIGHTH, what about not returning your phone calls? Two courses of action here: first, consider calling her supervisor and telling him that you are going to file a complaint with the State Insurance Commissioner. Then if that does not get action, file the complaint. Here is the link: http://www.tdi.state.tx.us/index.html
NINTH, what about your injuries? A trauma that severe will result in at least some soft tissue injuries. DO NOT DELAY seeing the doctor on the thought that they will "just heal up and go away".
A naggaging pain the night after you used your body, or the next morning is probably accident-related and needs to be looked at by a competent doctor.
You can go to www.settlementcentral.com for expert information on car accident personal injury insurance claims.
TENTH, don't forget your own auto insurer. While they will try to tell you that you first must exhaust the insurance of the tortfeasor, that is just not true. You could make them adjust your property damage, less your deductable. Perhaps you included rental coverage on your own insurance?
I think that this is enuf homework for now. Please feel free to write me back when you get into this and find it has taken an unusual twist of some kind. And please let others know how you rate Doctor Settlement (using the links on allexperts.com), so others can learn that I can also be of help to them.
I would like to know whether or not carfax.com has a report of salvage on your car.
Best Wishes, and feel free to stay in touch, because Doctor Settlement does like to help people who have been in accidents.
Doctor Settlement
www.settlementcentral.com
