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So, sue the owner and driver of the car that hit you! Your damages include the lesser of the cost to repair and the value of the car at the time of the crash. Your damages also include loss of use, and diminished value if it is repaired but worth less.
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If your car has been determined to be total loss, it means one of three things: it cannot be repaired safely, it would cost more to repair the car than it's worth, or state laws require the company to call it a total loss due to the amount of damage.
In this scenario, you usually have two options when dealing with the insurance carrier.
1. Turn over the title and vehicle to the insurance company, and they will give you the ACV (actual cash value) of the car that was arrived at by analyzing comparables.
2. Keep your totaled car, but they will only pay you the remainder of the car's value minus what they would have received at salvage.
If, as you have stated here, you take issue with what the insurance company believes the car is worth, you can do your own research and attempt to dispute their calculations by providing relevant facts and data. Bear in mind that this will be no easy task; adjustors are professional estimators, and have a wealth of experience. Best of Luck.
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Outside of Court any offers of settlement can be made no matter how horrible. If the value is small, go to small claims. If over the small claims threshold, you may have to get an attorney. In most states, you are entitle to a money judgment for the lesser of the fair market value of the vehicle or cost to repair. A party is also entitle to diminution value, loss of use and/or rental expenses. In those cases, the defendant is not required to take your vehicle nor are you required to hand it over. You get the money. In some cases, the defendant will request replevin of the vehicle in the event it is deemed a total loss. The defendant insurer wholesales the car for parts and to recoupe their loss.
No. You have to consent to settle. If you do not consent, you can either hire and attorney or file in small claims if you meet the threshold from the auto accident. Call a local lawyer and see what their opinion is regarding the auto accident.
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