Settlement Advice

[caria1]

What is the name of your state?What is the name of your state? Kentucky, I was involved in car accident up in Indiana, the other driver was at fault. What is happening is this she hit my van and the insurance is refusing to let it be repaired. Here is the problem. the van is Indiana and the right front wheel supision is in need of over $2000 in repairs and the body work is around $1500. What the insurance adjuster is telling us that because my van is 97 Pontiac Montana that the Blue Book Value is is $5064 and that because the damage is right 70% of this blue book value they want us to settle for the value of it and if they salvage it we could get the van back less the $800 or so what the salvage company would give them. I want my van repaired. I do not want to have to look for another auto. My van had no damage to the body work on all manitance was up to date, had new water pup put on it just a week ago, new tires 6 months ago. I am under alot of stress right now and this has caused my ulcer to act up bad. No injury was on either party. My insurance does not want me to file a claim through them since the other driver was at fault. I want to know what my legal rights are. I do have rental car for 10 days. But say I did settle this would put me at inconvice for work and having to look for a new auto. What if I ask for more money than they are offering what are my chance of getting it. Some tell me to get mean do not settle without a fight. I do not have the time to do this. I need a auto for work and to get around in. Also the adjuster was very rude and threating to my husband when she was giving him the details in insurance jargin and would not talk with him in plain english. What do I need to do. HELP

[teflon_jones]

Once the dollar value of damages exceeds a certain point, the insurance company is required by law to total the vehicle. I'm not sure of the exact % in your state, but it's usually 70-80%.

The insurance company uses NADA value, not Kelley Blue Book. So you need to visit nada.com to determine what the value of your van is.

If you really want it back, then you'll have to buy it for salvage value.

As for your insurance company not wanting to help, that's BS. You have a policy with them and they can't prevent you from filing a claim. In this case, if the other company offer you a reasonable amount for your van, there's no reason to involve them.

[volvoxc70]

Typically, when the other party is at fault, you stand in a much better position not to handle it through your own insurance company. The subrogation of your rights to your current insurance company has its problems. Check out the small claims court limitations in your state and perhaps take them on yourself. I would force the pre-condition state of your vehicle. If you force their hand, they may see it your way considering the attorney fees, etc...