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Insurance Company will not Pay Total Cost to Repair My Vehicle

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M

MATTOXH

Guest
What is the name of your state? I am a resident of South Carolina. The driver at fault is from North Carolina.....My son was involved in an accident on June 9, 2002. He was not at fault. The driver of the other vehicle was at fault and issued a citation. The cost to repair my vehicle was $1900.00. The insurance company will pay only $1550.00 toward the repairs and will not pay for loss of use. If they pay the $1550.00 I have to sign a relaese. They claim the cost of repairs is greater than 75% of the value of the vehicle. Should I sign the release and take the money or take some legal action.
 


JETX

Senior Member
Simply, they are saying that the vehicle value ($1550) is not worth the higher cost of fixing it ($1900).

Some random thoughts....
1) Make a list of all the POSITIVES and optional equipment that the vehicle has. Has the vehicle recently had major repairs done to it (that would affect the value)?? Does the vehicle have an 'upgrade' stereo, low mileage, sunroof, automatic, etc. that may not have been considered when value was set?? Make sure that the insurance company considers ALL the facts that might affect the value.
2) Make sure that the insurance company includes sales tax and tags in determining the total compensation.
3) Check the current classifieds, car value books, etc. to determine what the 'comparable' car is selling for in your area. Some good sources are:
http://www.kbb.com/
http://www.autosite.com/
http://www.edmunds.com/
http://www.nada.com/

Only you can determine how much the car is worth. If it is a rolling wreck with a shot engine and no A/C, then it might be worth the offer. One telling thing to consider..... are you going to take the money that they offer and FIX your car, or are you just going to get a 'new' one??

Finally, if you don't agree with their offer, you can always refuse and try to negotiate a higher one. And failing that, you can file in Small Claims court. If you do decide to file, realize that you will very probably be arguing against an attorney (provided by the insurance company).
 

stephenk

Senior Member
If you file in small claims court, you will have to sue the other driver and owner of the car (if driver is not the owner).

No attorney is allowed to represent the other side at the small claim hearing. An adjuster for the insurance company may be present and you can try and negotiate a settlement.

Provide all the evidence that Halket recommended to the judge at the hearing. You may do better than you think.
 

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