If you're dealing with insurance, how does that work in Small Claims court? Can OP pursue the other driver for more $ once she accepts the insurance payment? Is she required to accept the insurance payment?

Anonymous wrote:How come the insurance is not giving you the same car?

Sweetie, this is not how insurance works. You get money, not a new car.

Totaled vehicles are valued on current market value (Blue Book, NADA) etc. Based on make, model, year, mileage and options. You don't get paid for a replacement. Also if you sue you're still dealing with the other person's insurance. Unless you're injured you only get paid for the market value of you car and some time in a rental vehicle. No emotional distress, no lost time, etc. And if you're upside down on your car you still only get markey value not the amount to pay off your loan. These are some surprises to people in an accident.

Not to hijack (and I really hope this doesn't!) but this happened to really good friends of mine. They had an older but expensive car. Same thing. Kid was texting. Friends were stopped at a red light and the kid didn't even see that the car was stopped. Because the car was a 1999, it was totalled, even though it was originally worth over 90K and it's airbags and other safety features prevented my friend's from other iinjuries when their car hit the car in front of them. Insurance would only give them $1500 for their car b/c of its age. I hope OP does much better with this kid 's insurance company, but that might be part of the trouble with trying to replace her car.

Anonymous wrote:Op here

I have a lawyer already. I looked at a couple cars today. Only one interest me but its pricey.

Which one?

Op here

I have a lawyer already. I looked at a couple cars today. Only one interest me but its pricey.

Anonymous wrote:

Anonymous wrote:I had a Scion XB 2009 car. I really liked it but someone was texting and slammed into me at 45-50 miles an hour and pushed me 13 feet into a work van. EMTs said the only reason I was able to walk away from the ER was because of my safe car.

Anyhow my car is totaled because she bent my frame and cracked my back axle. I am getting back 2500 from the accident after paying off the car.

I am looking for a decent safe car with lots of room. I am a nanny so this is important. Under 20,000. Anyone have any suggestions or should I just get the same car?

I'm not usually litigous but I would sue the hell out of that driver.

I think I would to - at least in Small Claims Court where I could squeeze out an additional $3-$5K to help offset the cost of a new Scion.

Anonymous wrote:I had a Scion XB 2009 car. I really liked it but someone was texting and slammed into me at 45-50 miles an hour and pushed me 13 feet into a work van. EMTs said the only reason I was able to walk away from the ER was because of my safe car.

Anyhow my car is totaled because she bent my frame and cracked my back axle. I am getting back 2500 from the accident after paying off the car.

I am looking for a decent safe car with lots of room. I am a nanny so this is important. Under 20,000. Anyone have any suggestions or should I just get the same car?

I'm not usually litigous but I would sue the hell out of that driver.

OP .... you are incredibly lucky. I would get another Scion after that!

Wow, glad you are alright. I hope the other driver got a huge, huge, huge fine for texting while driving and causing an accident. Why don't you get another Scion?

How come the insurance is not giving you the same car?

I remember your story from an earlier post. It just scares the crap out of me.

Sounds like the Scion was a good choice.

Civic

Why wouldn't you get the same car?

I had a Scion XB 2009 car. I really liked it but someone was texting and slammed into me at 45-50 miles an hour and pushed me 13 feet into a work van. EMTs said the only reason I was able to walk away from the ER was because of my safe car.

Anyhow my car is totaled because she bent my frame and cracked my back axle. I am getting back 2500 from the accident after paying off the car.

I am looking for a decent safe car with lots of room. I am a nanny so this is important. Under 20,000. Anyone have any suggestions or should I just get the same car?