suing an insurance company

[wdmar5]

My car was totaled in an accident, the insurance company offered a very low settlement I was wondering if anyone has had any experience in small claims with an insurance company and how they did

 

[fcobarr]

what state?

The insurance will pay FMV (fair market value) for your totaled vehicle. If you have information for same make/model available locally which they can't refute, they may increase their offer.

Give us the year, make and model and what you were offered. Some people here will offer their opinion.

If you are using KBB or edmunds, insurance companies don't use the same formula/system.

Good luck.

 

[ecmst12]

Is it YOUR insurance company or the other guy's?

 

[wdmar5]

My car was totaled in an accident, the insurance company offered a very low settlement I was wondering if anyone has had any experience in small claims with an insurance company and how they did

ok the car is a 97 mercury tracer has 167,000 I could not find anything on the market lower than $1500 the insurance company said it was worth about $1800 market but they took off $1000 for a prior airbag deployment which caused minor scuff on front of the car they said this is what it would have cost them to replace the airbags. i dont know how they can use the airbag issue when thy are an option. and take off that much

 

[ecmst12]

Airbags are very expensive to replace. Which is probably why you hadn't replaced them before. But the insurance company is only liable for damage related to THIS accident, not anything that was wrong with the car before. It is a legitimate deduction.

 

[wdmar5]

Airbags are very expensive to replace. Which is probably why you hadn't replaced them before. But the insurance company is only liable for damage related to THIS accident, not anything that was wrong with the car before. It is a legitimate deduction.

yes, but they totaled the car, what if the market value of the car was $1000 would they offer $0, just wondering if i should take them to small claims

 

[ecmst12]

At my company if the prior unrelated damage is more then the value of the car we will offer minimum $500 for "transportation expenses".

You still didn't answer whether it is your insurance company or the other driver's.

 

[racer72]

i dont know how they can use the airbag issue when thy are an option.

Supplemental Restraint Systems (airbags) have been required on every passenger car and light truck sold in the US since 1996. It was not an option on your vehicle.

 

[ecmst12]

Wouldn't matter even if it was. It was a feature of that particular car, whether the feature was optional or not, it affects the car's value for better or worse.