If you car is a total loss your are entitled to thew fair market value plus any reasonable loss of use - if the cost of repairs is less than the total loss value then you are entitled to the cost of repairs plus reasonable loss of use.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Lesser of FMV or repair costs. Find approximate FMV from KBB.com.
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I'm sorry about your accident. We're you injured? The forms that they keep sending you,are probably No Fault forms. These must be filed within 30 days of your accident and will cover your expenses for bodily injuries up to $50,000.
For your car, as four attorneys before me note, you are entitled to the lesser of the fair market value or repair cost of your car. You may find FMV at kbb.com.
The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.
In addtion to that stated by the other attorneys, if there is an issue on what the fair market value is if the car is a total loss, you can demonstrate through maintenance records and pictures that your car was in excellent condition for its age and that FMV is higher than what the company sets forth.
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