Expert: Richard Hixenbaugh - 10/13/2010

Question
My son was hit by a drunk driver three weeks ago. The driver of the 2009 Jaguar made was cited for failure to yield right of way and on top of it tried to run while my son was being treated by EMT's. While my son was not hurt much-although he's got some soreness-his car along with the car next to him were totaled. The police specifically cited that he was not at fault and that the DWI driver was the cause of the accident. The perpetrator has Progressive insurance and refused to pay enough to replace the car. My son had purchased the 2002 Impreza WRX just two month previously and had done work for which he submitted receipts. He is not asking for a new car, but a replacment for the car he lost. He's done research on the internet and a comparable car is going for between $8900 and $10000. He is asking for $10K to cover buying a replacement car as well as outstanding medical bills for the emergency room and follow up treatment. Progressive is only offering $5K and both the claims adjuster and his supervisor yelled at him when he said that wouldn't be sufficient to replace his loss. Then they said no attorney would take the case. The cited three cars locally which were not only different than his car, but which we cannot locate. In addition, their mechanic made claims that the interior was damage prior to the wreck which is not the case. In short, because he only had liability, I think Progressive is taking advantage of him. The other car hit by the drunk was settled for the full amount because he had comprehensive. Do we have any leverage? The one attorney we talked to seemed to only want to deal with injury suits. All he wants is to replace the car that he saved for for three years.

Answer
Hi Ellen,

Attorneies generally do not get involved in property damage issues because there is not enough money in it for them.

Progressive does this kind of stuff all the time. They see they job as to try to steal as much of other peoples money as that can. There is a way to fight them. You will need to hire an independent appraiser to appraise the value of your sons vehicle. Then you will have independent verification of the value of the car with which to negotiate a faur settlement with Progressive. Keep in mint though that they do not owe your son for a replacement vehicle. Whey that owe is what your sons car was worth in its condition and mileage just before the collision.

To find an independent appraiser you should visit www.collisionclaims.com .

I hope this helps
Richard Hixenbaugh