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Loss of use claim and auto damages separate from injury

by Gene
(Laguna Beach, Ca. U.S.)

An elderly man (87) was ticketed for failure to yield right of way when he turned in front of my 1960 VW Double Cab with his 95 Lincoln Continental. I sustained 3 broken ribs, a severe knee laceration requiring cleaning and 16 stitches, 3 staples in my head multiple smaller cuts on head and hands and sprained hand and foot.

After two MRIs and 3 days in the hospital I requested and received dismissal from the hospital. Hospital bills are over 65,000. The ambulance was more and I have not yet received the doctor bill.

I was referred to therapy and they insisted on letting MSI pay for the first 6 sessions. The MSI ran out after 4 sessions and I did not renew. The half hour sessions are 400 each and I felt I could do my own therapy.

I carried only liability and the other fellow who lives in an apartment was insured by auto club. They offered me 8,250 for my vehicle calling it salvage and based on a VW truck not double cab that sold in Tennessee and deducting for a paint job as I recall it. I argued that My vehicle was a double cab and worth a lot more I faxed 7 or 8 copies of double cabs that were for sale at a VW site.

They then offered 10,000 after deducting 3000 for salvage value. (So I could have 10 and keep the vehicle). I had argued that the vehicle was worth between 12500 and 15000. (They did not want to give me anything for the fact that there was a new motor since I did not have receipts and odometer readings.

There are other customizations also not considered. So they gave the low value, but the salvage guy would probably want the motor to give 3

The accident was on March 21st. Its now May 10. All last week after I thought we were close to settling this part of the claim, they have not returned my calls and I am wondering if it is because I told the lady on the phone that someone from Auto Club had told me that I deserved something for "loss of use" She said it was too late for that. Is it? I have not rented another car as I have two other old VWs but I didnt think they were up for the drive to the Arizona desert where the other one was normally driven. I need to get to Az.

I also want to restore the 60. Can I pursue this as two seperate matters? What is the minimum for "pain and suffering"?


Hello Gene,

How much for pain and suffering? I don't know, you need to see all your medical records and bills before that can be determined (by you or your lawyer). Please see:

Also, check this:

How Much is Your Case Worth?
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Regarding the total loss, please see our section on loss of use here:

And here: and

The bottom line is that once the insurance company declares a car a total, the rental car benefit can be cut there (states vary on how long. Texas does it the same day, Washington allows for three days after that date). You may want to contact the department of insurance of your state and see if they can tell you how many days you are entitled to.

Good Luck,
Auto Insurance Claim Advice
Spokane Washington

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