Need Legal Advise - Car Accident, not at fault

[tx_poptart]

On friday my wife was involved in an accident that was not her fault. 5:15pm she was heading home from work, east on FM 1097 and a guy coming the opposite direction lost control, came into her lane and where they collided. She ended up in the ditch with the front end on her Jeep trashed. She did have some bumps and bruises but all in all she was ok, we took her to the ER and she will have a few followup visits to the doctor just to make sure everything is ok.

Here is the situation - The other guy is at fault, the DPS cited him with a ticket, his insurance has assumed responsibility for the accident...all good things. There is a good chance that my wifes Jeep will be totaled, and in the event it is, their insurance will pay us what it is worth, not what we have invested, or what we owe. Because it is only a year old, it is worth 5-7K less than what we owe. Not to mention the 9-10k we have paid in the initial down payment and monthly payments over the last 15 months. The Jeep only had 15K miles on it at the time of the accident. And yes I do have GAP insurance.

So here's the legal question...Do we just accept what they offer for the vehicle, let GAP insurance kick in and pay off the Jeep and have nothing? Or do we get a lawyer and go after them for some of our investment over the last 15 months?

[Johnny Dangerr]

Being old and grumpy I would sick a lawyer on them..........

[41Chevy]

Call the Hammer.

[miket]

I don't know, but thank God she is ok.

[Mike Murphey]

Insurance is only going to give you the replacment value of the car. You can go after their insurance but I can tell you, if I was on the jury you would get nothing more than the blue book valve of the car plus any out of pocket medical bills....suck it up and let your credit union/bank insurance cover what you owe.

[doublearrow]

I don't know, but thank God she is ok.

X2 glad its no more than bumps and bruises

[Tuffbroadhead]

That jeep is totaled, 100% sure of that, It does not take much to total one because of the design. Black Book on that jeep is going to be right at 24-25k trade in value so yes you will take a hit . But I would get a lawyer and get the best deal that you can get, the days of being a nice guy are over and you have to look out for your family and whats right for you.

Edit, I just pulled up the Black Book on mine 2010 (96,000miles) with some work done to it and it still books at 17.5k in good condition and private party value is 21k.

[duckmanep]

How/Why are you making the assumption that it is worth $5-$7k less than you owe after $9k-$10k in payments?

I would wait until you receive an offer from their insurance. Negotiate all you can from there. Then if you don't like results, seek a lawyer.

[bboswell]

I don't know, but thank God she is ok.

X2

[tx_poptart]

I don't know, but thank God she is ok.

We are truly blessed she walked away with just bumps and bruises...she will be sore for a while but should heal in time.

[bsills]

Glad your wife is ok that looks bad.

[tx_poptart]

How/Why are you making the assumption that it is worth $5-$7k less than you owe after $9k-$10k in payments?

We owe 32K, it's probably worth 25-26K, that's just how the numbers work out...

[125Dad]

Insurance is only going to give you the replacment value of the car. You can go after their insurance but I can tell you, if I was on the jury you would get nothing more than the blue book valve of the car plus any out of pocket medical bills....suck it up and let your credit union/bank insurance cover what you owe.

x2 Just be thankful you have gap coverage.

Why should the other person's insurance cover more then trade value of the jeep it's not there fault you were so upside down in the loan.

Sorry this happened and glad your wife is ok.

[Tuffbroadhead]

We owe 32K, it's probably worth 25-26K, that's just how the numbers work out...

OUCH!! You must have entered that with a upside down trade in value on a previous vehicle, coupled with interest rate. Your jeep looks to be a standard unlimited which is a 27-30k vehicle brand new..

[systemnt]

Wait for the offer.
Negotiate.
If you don't like what they have to say.. contact your insurance and see if they will go to battle for you.. (it is what you pay them for)
and if not..get an attorney..

If "what you have put into the jeep" is not wrecked.. get it off the vehicle...