Financial Channel

On December 9th i was in an accident, myself in a 95 taurus and the other driver in a Jeep SUV of some kind. I came to a stop at a stop sign and then after looking both ways proceded out and about halfway through the intersection i got hit on the driver side by the person in the SUV. My front end was sheared off and i was spun around facing back the way i came on the other end of the street. The other driver lost control and drove into someones front porch on the same side of the street where my car ended up. After being taken to the hospital the police made their report and thats when i found out that my insurance had lapsed in september when my father had cancled it *whole other story there*. The other party is now seeking over 6k for damages even though the police sited only $2200. I also know that the other driver had to have been speeding and not paying attention because he was with his girlfriend and never hit his breaks, used his horn or swerved to avoid contact. Another point of refernce for the speeding is that he hit me hard enough to spin my car around yet he had just left his house 4 houses down from the intersection *about 300 ft or 100 m by comparison from mapquest*. To not have enough time to hit the breaks or swerve means that they were both speeding as well as negligent. Is there a way i could use this as a defense to avoid paying their extortive request ?

Any insight would be helpfull

oh ya.. and im in Nova Scotia Canada if that helps and maybe MVA Section 175 could give you a place to start from

Is their demand based upon an estimate, or based upon their actual cost to repair the vehicle? Have you seen the itemization of the repair (or estimate) or are they just presenting the bottmon line figure? What is the year, make and model of their vehicle?

My car was a 95' Ford Taurus, theirs was a 95 Jeep Grand Cherokee. The insurance company claims it was a write off and that there also may be additional money owed to cover rental and other things. Even if hitting my car did damage they still hit someones front porch after hitting me so whos to say how much damage was done from that. The amount is what the insurance company is demanding and i dont have a list yet though i asked them to send me one before i even consider paying them. I think that they are trying to take advantage of me seeing as im a US student in Canada without any family here or legal backing to call upon in trouble so they figure they can milk me for what im worth.

When an insurance company writes off a car, they usually sell it for parts. You should get credit for that residual value, which would be established by the price they sold it for. You can research the value of the car at the time of the collision through sites like edmunds.com, kbb.com and nada.com.