My rights

[TTBInformed]

What is the name of your state?Florida

My wife and I were recently involved in an auto accident.

The other driver was clearly at fault and was cited for the accident. Basically, she ran through a 4 way stop sign and broadsided us. There was in excess of $6K damage to a new vehicle less than 2 weeks old with less than 400 miles on it.

The other driver and I use the same insurance company; although I am filing through her adjuster. Obviously the insurance company is leaning towards repairing the vehicle. Am I within my rights to insist that this vehicle be replaced with a new one? I have heard that vehicled with this much damage are never the same after repair and that much of it's value may be lost as a result of this occurance.

 

[jpritchett81]

It's possible....do you have gap insurance?

 

[stephenk]

what is the year, make and model of your car?

 

[JETX]

Am I within my rights to insist that this vehicle be replaced with a new one?

No, you're not. Unless you had additional coverage (such as a 'Limited Depreciation policy'), the insurance company is only obligated to return the vehicle to its condition immediately prior to the accident..... or to give you fair market value if the damage exceeds the vehicles value.

I have heard that vehicled with this much damage are never the same after repair and that much of it's value may be lost as a result of this occurance.

What you are referring to is called 'diminished value' and Florida courts have ruled against policyholders expectations of coverage. For more, go to:
http://www.insurancejournal.com/news/south/2001/05/24/14777.htm
http://www.findarticles.com/p/articles/mi_m0FJN/is_6_37/ai_97759002
http://www.jameshoyer.com/news_dbrsiegel.html
http://www.collision-insight.com/news/20010524-aai.htm
http://www.statefarm.com/media/dimvalue.htm