I was rear ended at a red light. My 3 year old son and my parents were also with me while I was driving. The at fault driver takes full responsibility. The problem I am having... I drive a 94 Mazda Protégé DX. It was in great driving condition. It has never needed major work,great exterior and interior. I had the American National adjuster (at faults insurance)finally come and look at my car (accident happened on 10/27/2009)he stated is close to 2,000 (all rear end damage) and they would be totaling it out. I just can't grasp how they would total out a car that will run great for time to come and not fix it. While they are offering me 975 without repair if I want to keep the car and 1200 if they take it out. KBB has my car listed as low as 1325. I basically will be stuck with a car pymt now because it will require me to purchase a vehicle. What can I do to ensure I get what is deserved. I have checked out online sites (i.e Auto Trader) and there is no car close to mine for under 3500. I rather have my car fixed I simply can't afford a car pymt or take the risk of purchasing a used car that I know nothing about that can brake down a month from now.
On a side note-- I suffered pretty bad whip lash and have been seeing my physician.

Please enlighten me on my options w/my car and personal injury. I just don't see how our system allows someone to injure us (physically and property damage) and I end up suffering w/debt for a new car when my car ran great! And pain and suffering for myself n my family.

I appreciate your time.

Unfortunately, even though the accident was not your fault and you had insurance, you are not going to come out whole. Sounds like you should take the $975, keep the car, and use the money to get it into drivable condition. Alternatively, Edmunds says that you ought to be able to find an equavalent model and year for around $1000, from a private seller. If there is limited choice from private sellers in your area for this particular year and make, I suggest you broaden you research to include other models.

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Originally Posted by suntro

On a side note-- I suffered pretty bad whip lash and have been seeing my physician.

Please enlighten me on my options w/my car and personal injury. I just don't see how our system allows someone to injure us (physically and property damage) and I end up suffering w/debt for a new car when my car ran great! and pain and suffering for myself n my family.

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Hello suntro:

You're right. Don't talk to the insurance company any more. Go see a lawyer.

excon

yes excon, my neck would really start hurting when that adjuster told me that ( LOL)

But this is why first we don't buy a used car for more than its book value, so we don't end up owing more than it is worth.

I have a very custom 1990 Lincoln, it is in show room condition, with less than 70,000 miles. The paint is like show room, it has been in a building every night since it was bought. And I just spent 2000 putting a new transmission in it.

Guess what, got hit, it was just a bumper and fender and a rod hit the vinyl roof. But the damage was about 3000 dollars, the car has a value of about 1500 book value, I never had it appraised and a special policy bought for it at that value.

So all the adjuster wanted to do was give me about 80 percent of the 1500 if I kept the car or full amount if they totaled it.

In your case you may want to talk to a independent adjuste and see if they think they think they could work or help with this.

In my case, lucky I do "alot" of business with the company, and I merely talked to my agent and threatened to pull all my business if they did not fix it.

But all ( max) you can normally expect to get is the normal value of that car.

Your car is very old. Since its value is lower than the $2000 needed to repair it, that's why they're totaling it. You can take the $975 and pay the difference yourself if you still want to keep the car. But it sounds like it's perfectly legal so you don't have a leg to stand on. Now personal injury is a separate issue. You need to document your losses, such as wages, out-of-pocket medical expenses, etc. As for pain and suffering, if you're entitled to that, that's best taken up with a legal professional.