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I was stopped at a Red traffic light. Other car coming off Parkway Exit Ramp making right turn struck my car in the rear.

Yonkers, NY |

I reported the accident to my insurance company as well as filed a claim with the other drivers insurance company. I faxed police report to both insurance companies. I do not have collision. The other drivers insurance company sent an adjuster and quality control person to look at my car and it was totaled by the adjuster. The auto body shops I took my car to say the damages are approx. $4,000+. Being the year of my car 1995 and mileage the insurance adjuster quoted $1,600 for my car, The other insurance company has not settled with me and keep sending me papers to fill out even though they have the police report. Can you please give me advice on what to do to retrieve the cost of the damages to my car. Thank you for your time and expertise.

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Attorney answers 6

Best Answer

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.


You are entitled to the cost of full repairs to your car, unless the repairs are higher than the fair market value of your car.


Either FMV or cost of repairs, whichever is less.


Lesser of FMV or repair costs. Find approximate FMV from

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


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

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.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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