The Shoulder
The Shoulder
69
Property damageclear-vole-517

Totaled my car 9 days after buying it — insurance lowballing me and I'm still hurt

I still can't believe this happened. I saved up forever, finally bought a used SUV outright from a private seller — like a real 'fresh start' purchase — and nine days later some guy runs a red light and absolutely destroys it. Police report is crystal clear: 100% his fault. His insurance even admitted liability pretty quickly, which I thought meant things would go smoothly.

They didn't.

The other driver's insurance came back with a payout offer that's noticeably less than what I paid for the vehicle less than two weeks earlier. My own insurance isn't being much more helpful. I have the bill of sale, I have photos from the listing, I have everything showing what the car was worth — and they're basically shrugging at me. I could end up eating a significant chunk of the purchase price for a car I owned for nine days.

And that's just the money part. My shoulder and lower back have been bothering me since the crash. I went to urgent care the same day, and I've had two follow-ups since. The pain comes and goes but it's definitely not gone. My doctor wants me to do a round of physical therapy.

I guess my question is: is it worth pursuing the at-fault driver legally? Like actually suing or hiring a PI attorney? I don't want to drag this out for years over something small, but I also feel like I'm getting squeezed from every direction and nobody's making me whole here. Has anyone been in a similar spot? What did you do?

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9 replies

  • 23
    clever-crow-006

    I used to work claims and honestly, on total losses, the initial valuation often uses the lowest comparable sales the system can find. You have the right to dispute it and submit your own comps. Go to dealership listings, private sale sites, whatever — find vehicles as close to yours as possible (year, mileage, trim, condition) and send them over in writing. Ask for their methodology in writing too. That alone sometimes shakes things loose.

    Also — the injury piece is separate from the property damage and should be handled separately. Don't let them lump it all into one quick settlement.

  • 14
    candid-crane-107

    Please don't accept their first offer. Ever. That number they gave you is a starting point for them, not a final answer. Adjusters are trained to get you to settle fast before you know what you're actually owed — especially on total losses where people just want it to be over. The shoulder and back stuff makes this more complicated too. Don't sign anything releasing liability until you know the full picture of your injuries.

    • 18
      careful-wolf-484

      Ugh, this is so unfair. Nine days. You owned that car for NINE DAYS. I'm really sorry you're dealing with all of this at once — the money stress AND being in pain is a lot. Please take care of yourself physically first and don't rush into settling anything just to make the stress go away faster. You deserve to actually be made whole here.

    • 4
      mellow-offramp839

      Took me three tries but they finally budged. Don't give up.

  • 13
    careful-seal-521

    Almost the exact same thing happened to me — bought a car, someone rear-ended me a few weeks later, and the insurance offer was laughably low. I pushed back with my own comparable listings printed from car sites showing what similar vehicles were actually selling for in my area, and they bumped the offer up. Not all the way, but enough that I wasn't as upside down. Document everything you can about what that car was worth right now in the current market.

    • 20
      bright-otter-885

      Not legal advice, but this scenario — clear liability, documented property loss exceeding the payout, and ongoing physical symptoms requiring treatment — is pretty much the textbook reason PI attorneys exist. Most work on contingency so there's no upfront cost to you. At minimum, a free consultation would tell you whether the numbers make sense to pursue. The shoulder and back injuries matter more here than you might think; soft tissue cases take time to fully develop and settling too early can leave you stuck.

  • 10
    sharp-crow-021

    Please don't brush off the shoulder and back pain just because it's not a broken bone. Soft tissue injuries from crashes can take weeks or even months to fully show up on imaging, and 'it comes and goes' is your body telling you it's not healed. Go to every single appointment, do the PT your doctor recommends, and keep notes on your pain levels day to day. That documentation matters — both for your health and if this ends up in any kind of legal process.

  • 8
    genuine-finch-209

    Quick question — did you have gap insurance or anything like that when you bought it? And was the vehicle financed or did you pay cash? That changes the calculus a little on the property damage side. Also curious how far apart the offer and your purchase price actually are — like is this a 'worth fighting' gap or more of a 'small claims' situation?

  • 6
    clear-tern-226

    Talk to a PI lawyer before you do anything else. Free consults, no obligation, and you'll know in 30 minutes whether you have something worth pursuing. You've got fault established, a documented financial gap, and active medical treatment. That's not nothing. Stop trying to negotiate this yourself against people who do this professionally every single day.