QUESTION

My parked van was hit by a another driver. Both insurance Co's want to total my van. My van was paid for & in good condition. Can I make them fix it?

Asked on Dec 06th, 2016 on Automobile Accidents - Tennessee
More details to this question:
He was 100% at fault & admitted it to the police officer. I can't afford to buy another vehicle with the small amount of money the insurance companies want to give me. I'm not working. Had he not hit me, my van would have outlasted me. This is causing me great stress and anxiety. Doesn't seem fair. All I want is for them to pay to fix my van. My van was drivable. However, in the state of TN it's not legal to drive without taillights.
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1 ANSWER

The other drivers insurance company has to pay you the fair market value of the van; your insurance, usually by the policy, has to pay you the lesser of the market value of the van and the costs to repair. If the fmv is the cheaper of the two, then that is what you willl get. Is it fair to you, no it is not but that is the law.
Answered on Dec 06th, 2016 at 5:35 PM

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