Anyone familiar w/ laws regarding auto accidents in KY?

[JD7.62]

Ok, well yesterday we got two forms in the mail from their insurance company. One is an odometer verification form and the other is a power of attorney form. The odometer verification form is simple. However, I called the guy that is handling the claim and told him I wasnt signing until we get a written offer. He emailed me the total loss report but at the end of it it says "all offers are subject to mileage verification and adjustments will be made accordingly." Im afraid once we send in the odometer verification form, "adjustments will be made accordingly" and we will end up less then what I'm being offered here. But really he didnt send me an offer, he just sent me a total loss form telling me how much my car is worth.

Secondly he wants us to take back the rental tomorrow because "we are refusing to sign" the power of attorney form. WTF? He said he would re-evaluate the rental once we sign and they get the form and that we would have three days after the receipt of funds to buy a car. I asked for an extension on that too because Im not rushing out and buying a car in three days and on top of that we are busy during usual dealership hours.

I have contacted a few attorneys but my mom said dont as the value of our car is only $4500 and she says we will get less after paying attorney fees and what not. Is that true?

Plus I would like compensation for the day I had to miss from work, the day my wife had to miss for school (we pay $24K a year for her school!), the two days we went with out a rental, and my wifes arm still hurts (she cant exercise like do a pushup or even pick up our 21mo old daughter with that arm).

Anyhow I know this isnt a legal board but hey I can still rant and keep a tip or two here and there right?

[Tim_T]

Jd...we went through this back in 03 when my wife was t-boned by a guy running a red light. You need an attorney. Now understand that he is going to take some of your settlement money, but you will still come out better than if you just deal with this yourself. If nothing else, at least talk to an attorney and he can advise you what to do next and they usually won't charge for a consultation.

Good luck and hang in there. I know what you are going through with trying to make ends meet. My wife went and got her RN while we were raising two young kids and we struggled for quite sometime but there is a definite light at the end of the tunnel.

[the_donger]

Any further updates on the outcome?

[JD7.62]

Any further updates on the outcome?

When it rains it pours doesnt it?

I finally got in writing how much we will get for the car from the insurance company so on December 4th we signed and mailed the POA paper and odometer verification forms. However, we still have not gotten the check and we had to return the rental on the 10th. We are not too upset because I bought a car from my uncle in Pensacola, FL and had it shipped to my dads in B'ham over the weekend as I was there for a family Christmas party to take back and he said I can just pay him when the check comes in.

Anyhow the car is a 97 Olds delta 88 so kind of a big car for a younger couple but we arent complaining as it hit just 25Kmi on the trip back. The car was well taken car of and maintained and drives wonderfully. On the way back we stop at this Travel America off of I65 in Murfresborough, TN and guess what....We come out and some had hit the car and ripped off the side view mirror and left!!! Luckily it was a big truck stop and they had some epoxy for sale that I used to glue it back on. The damage isnt too bad and we dont have to replace it but it just ***** when you have a car for less then 24hrs and now you got a mirror that is all scratched up and cracked.


As for the apartment smoke issue, they came in and sealed around the pipes and stuff but it is still bad. We will be changing units at the end of the month. It ***** moving a 6ft fish tank with 150#s of sand in it though!

[Fishin is life]

Working at an auto body repair shop i have seen this dilemma more than once...if the car does total, they will cut you the check and cancel your rental car....however the insurance company can take their dear old time and occasionally will....the longer they take the more they lose in rental car money

as far as the car having a rebuilt title, you knew that when you bought it and that if this were to happen that you're not going to get full book value....that's why rebuilds are cheaper than one with a clean title...you can typically figure with a rebuild that they will knock 25 percent of the book value off the top....then they start in with their appreciation or depreciation due to miles....while it may not seem fair it's the law that your insurance adjustor has to follow from his boss's.....hope everything works out for ya in the long run and this mumbo jumbo has been somewhat helpful