Car totaled and insurance company is low-balling me... What next?

Asked over 1 year ago - Hollywood, FL

My car was totaled in South Florida and my insurance company has offered me roughly $1800 less than the actual value of my car (Progressive). Although they have used really good comps for their value, they've made nearly $2000 in deductions based on the interior and external condition of the car (normal wear and tear). I've told my adjuster that I don't think the price is fair, even with carpet stains, fogged headlights, and "window pitting." However, she seems undaunted. Is there any thing else that I can do to get an increase in my pay-out? I've heard they are supposed to pay me sales tax in Florida? Is this true? I am uncertain as to my next move. Any advice would is greatly appreciated!

Attorney answers (7)

  1. David Irving Shiner

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . The answer is in the details... Especially in the details of the "offer". You're best served herring an attorney Involved to assist you.

    Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to... more
  2. Steven Mark Sweat

    Contributor Level 19

    7

    Lawyers agree

    Answered . If you were injured, you should hire an attorney.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Have a local insurance lawyer help resolve this.

  4. George Costas Andriotis

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you sustained injuries consult an attorney and they will assist you through the property damage phase of a claim in addition to getting you a settlement for your injuries.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  5. Don Paul Harvey

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . As others have pointed out if you have an attorney for your personal injuries, he/she should be able to assist you on the PD issue. Unfortunately, in Florida, you can't simply file just a suit for property damage, and later file a suit for your personal injuries. They all need to be done in the same litigation. If you have collision coverage, sometimes, you can get a better deal, even assuming you have a deductible, with your carrier and then they can go after the other carrier for their money and hopefully your deductible (if applicable). It is complicated and you don't want to do the wrong thing, especially if you have injuries. I'd again call a personal injury lawyer, such as myself, for further consultation b/f doing anything.

  6. Nathanael Prada

    Contributor Level 12

    4

    Lawyers agree

    Answered . Get an attorney involved and you will likely see the offer improve. The presence of an attorney can sometimes motivate an insurance company to up its offer. Best of luck.

  7. Keith Patrick Ligori

    Contributor Level 11

    3

    Lawyers agree

    Answered . Hire assure to sue your insurance company or do it in small claims court yourself.

    Your insurance company only has to reimburse you for the value of the vehicle at the time of the crash. So you need to find some close comparisons on line. Look at auto trader, or some other on line car sales service to find out. Submit it to the adj. and negotiate hard. Don't let up. Good luck.

    Legal Disclaimer: To learn more about attorney Keith Ligori, please call our firm 888-254-7119 or visit our... more

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