my car was deemed total loss by the insurance company, can I sue it for the low-balled payment?

[ask4help]

Answer the following:

Is the insurance company in possession of the car.
Did you sign over the title and deliver it to the insurance company.
Did you sign any other papers?
If yes, what did you sign? Do you know?
Did you get the check.

NO
No
No
No
No

See my updated original post

 

[PayrollHRGuy]

NO
No
No
No
No

See my updated original post

What is the difference between What you think the cars ACV and what they are offering you?

I ask because unless it is about double it really isn't worth lawyering up.

 

[Taxing Matters]

This isn't a PI claim - only property.

Well, the OP does have a bodily injury claim as well as a property damage claim. Even if that were not the case, my answer would have been exactly the same. It's still a tort claim (both the bodily injury and property damage claims are both under tort law and both are also referred to as forms of personal injury) and thus my answer applies to both.

 

[Taxing Matters]

I have body injury but still go through therapy treatment. My thought is to file a claim on car damage first. When I go through treatment and recover fully, then file a claim on body injury.

The claims are related as they arise from the same incident and thus generally MUST be brought in the same legal action. If you pursue only the claim on the car damage first, you may find your later attempt to sue on the bodily injury claim gets dismissed. This is one of the reasons you want to see an attorney. If you don't know the rules and just try to do it yourself you may make a mistake that could cost you a significant amount of money.

 

[Zigner]

Well, the OP does have a bodily injury claim as well as a property damage claim. Even if that were not the case, my answer would have been exactly the same. It's still a tort claim (both the bodily injury and property damage claims are both under tort law and both are also referred to as forms of personal injury) and thus my answer applies to both.

Fair enough

(The OP clarified that there was a personal injury [an owie] after I made my post.)

 

[ask4help]

What is the difference between What you think the cars ACV and what they are offering you?

I ask because unless it is about double it really isn't worth lawyering up.

20-25% difference.

In this context, what is a feasible strategy if not hiring a lawyer? It is possible that hiring a lawyer may end up with less.

One thing that is really unacceptable is my car was totaled by the driver and I have to take extra money out of my pocket to maintain the same driving level.

 

[Zigner]

What kind of Honda?

 

[PayrollHRGuy]

20-25% difference.

In this context, what is a feasible strategy if not hiring a lawyer? It is possible that hiring a lawyer may end up with less.

One thing that is really unacceptable is my car was totaled by the driver and I have to take extra money out of my pocket to maintain the same driving level.

As @Taxing Matters wrote because of the bodily injury claim you really need to see a lawyer about both issues.

 

[zddoodah]

My car was 2008 Honda

A Honda what? Civic? Accord? Pilot? Fit?

I like to get suggestions if I sue the driver or the car owner or the insurance?

You sue the driver and owner. You do not sue the insurer.

Should I find a lawyer for me? Normally how lawyer charge on car damage claim?

Personal injury lawsuits are normally handled on a contingent fee basis, but if you only had a property damage claim, you'd have to pay hourly (which would make suing pointless). How much are your medical bills to date? Do you anticipate more medical expenses? If so, approximately how much? What do you think the FMV of your car is, how much did the insurer offer to total it, and how did you determine the FMV? Please don't give percentages. Have you obtained an estimate to repair the vehicle? If so, how much is it? If not, why not?

 

[Kungfu]

No, not at all. Prices "listed" are not prices "sold".
(EDIT: You didn't answer my questions, so I don't know how much money we're talking about. If this is in small claims, you *might* be able to use some verifiable sales amounts.)

No, attorney fees are not something you will be able to recover even if you win.

Which is totally not right because the person who caused the accident, ultimately caused the attorney fees.

 

[Zigner]

Which is totally not right because the person who caused the accident, ultimately caused the attorney fees.

Not true. Your CHOICE to hire an attorney is what causes the attorney fees.

 

[zddoodah]

Which is totally not right because the person who caused the accident, ultimately caused the attorney fees.

You're free to think that and to try and lobby your elected representatives to reverse a rule of American law that's been in place for nearly 250 years, but I don't imagine you'll succeed.