QUESTION
Can I sue insurance company if they totaled my car and the other driver was at fault but what they offer is not suitable?
Asked on Jan 08th, 2014 on Personal Injury - California
More details to this question:
Insurance company totaled my car but what they are offering will only pay off my car with no money to purchase another vehicle when my car was hit while parked and being my only source of transportation for work and etc.
10 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are entitled to the fair market value, not a dime more. find out from the web what your car is worth you sue the driver not the company.
Answered on Jan 10th, 2014 at 5:18 AM
Ronald A. Steinberg
Not in Michigan, but perhaps in other states.
Answered on Jan 10th, 2014 at 5:17 AM
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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You can always sue the insurance company. However insurance company is only liable for the vehicles value if it is a total loss which it appears in this case. They are not required to buy you new car. However what a similar car costs is proof of value. To double check value look at Kelly's blue book or NAIDA websites.
Answered on Jan 10th, 2014 at 5:17 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Your vehicle is to be valued at its "fair market value". If it can be fixed for less than FMV, they have to fix it. In Washington state, the law assumes that you have the money to replace the vehicle, so the insurance company will total your vehicle so that they don't have to pay for a rental while yours is getting fixed. They don't have to replace your vehicle, they just have to pay you its fair market value on the date of the accident.
Answered on Jan 10th, 2014 at 5:16 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are entitled to receive the actual cash value of the vehicle which was totaled. It is not unusual that the amount which is owed on the car exceeds its actual cash value and therefore you might not receive anything in cash, and in fact may still have a debt owing. If you believe that the actual cash value is too low then you should see an attorney.
Answered on Jan 10th, 2014 at 5:16 AM
James Eugene Hasser
You can sue, but the most you can get is the value of the car immediately before the accident. Value is a matter of opinion. Everyone has one. Your opinion may be that the car has much more value to you. If you can't agree on the price, that is what the court system is for. If you were injured, you may be able to make up for the difference with your injury claim.
Answered on Jan 10th, 2014 at 5:15 AM
Monica Cecilia Castillo-Barraza
You can negotiate with the insurance company; that being said, however, their offer is based on the value of your vehicle, not what a new car would cost. A lawsuit would only be against the owner of the vehicle that hit you and the driver, if they are not the same person.
Answered on Jan 10th, 2014 at 5:13 AM
Edwin K. Niles
Typically, ins. cos. go by recent sales of similar cars. Do your detective work.
Answered on Jan 10th, 2014 at 5:13 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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They only have to pay you the fair market value of your car, plus the state sales tax. When you says the offer is "not suitable" then you disagree with the insurance company on the value of your car. Go to http://www.kbb.com and plug in the information on your car and Kelly Blue Book should give you a reasonable value of your car. You might be surprised, but it will at least give you some guidance on the value of your car.
Answered on Jan 10th, 2014 at 5:13 AM
Unfortunately, all the insurance company of the other driver is required to pay is the fair market value of the car or the cost of repair, which ever is less. Since a used car sales dealer needs to make a profit, any replace car you buy of a comparable type will cost more than the fair market value of your former car. You can collect the reasonable cost of what it would cost you to rent a car, whether or not you rent one. Any lawsuit is against the other driver, not his insurance company (in the sense of who is named as the defendant).
Answered on Jan 09th, 2014 at 11:28 PM