I got into a car accident in TEXAS and the person at fault was driving with NO INSURANCE.
I did not call the cops because he agreed to pay for the damages he caused to my car. I went to get an estimate on the car and they declared it a TOTAL LOSS. The cost to repair it costs more than my car. What do I tell the guy at this point...and what do I do?
Does he owe me the Kelley Blue book value of my car?? What do I do in this case? I want to keep my car. Please Help.
Update:Okay no more "should've called police"... I just want to know if it is fair for him to give me the value of my car and pay for my rental car?? Or Do i have to give up my car to him since he technically is buying it from me... ? If I keep my car I would need a salvage title? If I decide to get a new car, could I make him pay the difference?
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Actually, the amount you should get is a matter for you and the other owner to agree upon and that's that. If he offers you the blue book value and you accept, the matter is then settled. That's not how an insurer would do it, but you're not dealing with an insurer at this point.
Here's what an insurance company would do: They'd get a copy of the repair estimate, then they would send a professional appraiser out to evaluate your vehicle's actual cash (depreciated) value right before the crash happened. The appraiser wouldn't see a copy of the repair costs, because that might prejudice their evaluation and they have to work on a without prejudice basis. Then they'd compare the two values of repair vs. write-off, and offer you whichever is the lower one. If the repair is the cheaper option they'll do that, and if scrapping it is cheaper they'll do that. If you wanted to contest the appraisal, the only way to do it is with another appraisal and the case could drag on for years.
But you're dealing with this guy and not an insurer, so it's up to the two of you to agree on a value. You probably don't want to keep a totalled car and fix it, because I've never seen anyone do that and not regret it severely. The hoops you have to jump through just to put it legally back on the road are pure hell, and I've seen grown men literally cry in frustration over the process.
Unless you want to go with a professional appraisal, the blue book is your safest bet even though it's not very reliable. Blue books will tell you an average value, and they can sometimes be very close, but they're not as reliable as an appraisal. That's why insurers hire appraisers all the time.
And yes, if he gives you full value (as agreed) he'd be within his rights to ask for the keys and signed over ownership - unless he doesn't want to do that. Again, it's all a matter of what you agree upon, and you do want to get it all in writing.
NOTE: You do have this guy's offer to pay you on record, right? Because if you don't have it on video or in writing, you don't have anything at all.
Wow this one is getting quite a few feed again. Good kiddo you bought it and you own it. There are no legal guidelines declaring that wrecked, flooded, blown up or something occurred need to be suggested to automobile fax, nothing. They, car fax, retrieve their information from insurance businesses. You have no case what so ever.The one thing that could happen is out of the goodness of the dealers heart, very unlikely. You bought anything as is the place is and the way is. You purchased the vehicle anticipating it to be protected by way of the manufacturing facility assurance, nothing mistaken with this. Nevertheless you didn't assess into it. You bought a vehicle on-line from a site that has nothing to do with trying to verify the checklist both. You don't have a case of false advertising. Totaled automobiles are purchased and bought every single day. Cars get totaled, coverage organizations, pending the insurance variety, purchase the automobiles and sell them cheap trying to recoup some of their cash. The buyers get these matters, fix them and sell off them. Ok fix is a large time period. Right here one other tid bit. You purchased a auto that was once totaled and repaired. Well now you've got a partly rebuilt/ restored auto that was once built through hand. Wrecked automobiles will also be fixed depending on the injury and typically can also be made new again, routinely. Then again if there is visible frame damage it will on no account be the identical. That is when a automobile wishes to be overwhelmed, until any person can live with the harm. If you're worried a few guarantee you can buy a car warranty which in many cases is healthier than the manufacturing unit guarantee.
You should always call the cops during an accident, now you have no case and if he decides not to pay you are out of a car, you have no proof and no police report so you are pretty much up crap creek if he decides he doesnt feel like paying. Hope it works out for you though best of luck
Like what Tony said, you should always call the police after an accident, always. Even if the other person offered to pay. The police rely on reports. I suggest you talk it out with him. Try as much as possible to avoid any further problems. You may lose out on your car. Good luck!
Yes, it is fair for him to pay you the actual cash value of your vehicle, whatever amount you two agree on. But reality is you probably won't see a penny of it, even if you sue him.
Why don't you have your insurance cover your loss and let them go after him?