rear ended insurance says totaled.

[MoodControl]

What is the name of your state? Alaska
I was rear ended . The damage to the vehicle is more than 6,000 dollars. Car only worth about 2500 or so. Insurance wants to offer me 1600. My question is can I go after the person that hit me for the full repair bill even though the insurance company says its totaled.( its still driveable thank goodness). Should i accept the insurance sompanys offer and eat the rest of the bill or should i try to go after the party that hit me. and would i have a chance to win my case if it did goto court. I just dont know what to do .

 

[Happy Trails]

What is the name of your state? Alaska
I was rear ended . The damage to the vehicle is more than 6,000 dollars. Car only worth about 2500 or so. Insurance wants to offer me 1600. My question is can I go after the person that hit me for the full repair bill even though the insurance company says its totaled.( its still driveable thank goodness). Should i accept the insurance sompanys offer and eat the rest of the bill or should i try to go after the party that hit me. and would i have a chance to win my case if it did goto court. I just dont know what to do .

You are only entitled to the 'book value' of your car. Some insurance companies will allow you to keep the car for a price. If the insurance company pays you full book value, then the car is theirs.