How can I be sure I get the fair value of my totaled car? 28 Answers as of February 17, 2012

You can be sure to get the fair market value of your car by researching the fair market value of your car prior to your accident (i.e. consider the overall condition of the vehicle, whether or not there is additional wear and tear on the vehicle, excessive mileage, et.) There are websites that can assist with your assessment and valuation. Once you determine a possible value, then you can be sure you are getting the fair market value.

These are two very different questions. You can be certain that you get the appropriate value for your vehicle by requesting a market survey. The insurance company should be able to provide for you a list of similar vehicles which have recently sold in your area. It's okay to settle the property damage claim independent of the personal injury claim. Before you settle your personal injury claim, be very certain that you have not sustained injury. If your vehicle sustained an impact sufficient to totally demolish it, you may well have sustained injury.

You should probably retain an attorney to help you with that. Your property damage to your car can be determined with a mechanic's estimate. The Blue Book value can be found on-line for an estimate of the fair market value of the vehicle. Insurance companies usually pay the property damage separately and relatively soon. The other amounts they owe you can include medical bills, lost wages, pain & suffering, etc. There isn't a formula to adequately describe how to calculate those, but if you retain an attorney, you probably end up with a better settlement or other resolution. The potential to litigate the matter is often enough to keep the insurance companies honest. Sometimes the actual litigation produces the desired result, too.

I use Kelly Blue Book, the National Automobile Dealers Association guide is also widely used. You can also get a valuation from the garage or dealership where you get your car serviced. As for medical bills, that's no-fault. Make sure to get the written application for benefits, fill it out as best you can and turn it in promptly. That's important. As long as your doctor signs that the treatment is medically necessary and caused by the accident, you are covered.

The fair value of the property damage settlement is based on comparables. You can dispute the valuation of your damaged vehicle by researching values of similar vehicles in your local area and showing them to the adjuster. Whether your medical bills will be covered by your insurance depends on the coverage you purchased, ie, if you did not purchase PIP or MedPay, your bills will not be paid by your insurer. If you were not at fault, you may make a claim for medical bills against the other driver's insurer.

Your insurance company will work with you on these issues. If you are not satisfied you can consult with an attorney after you hear what they have to say.

Property damage in Montana is governed by the fair market value, or replacement cost of the vehicle, not blue book. So you need to look around your area for same make, model, mileage as your car and see what they are selling for.

This is really a generic question with no clear answer. The property damage is something that will be fairly set based on the age, mileage and condition of the car. As far as the medical bills are concerned you need to contact the insurance for the adverse driver and make sure they knowwhat is going on as far as your treatment.

There are some websites where you can research the fair market value of your car, such as Kelly Blue Book at www.kbb.com or Edmunds at www.edmunds.com. Submit all your bills to your insurance company and keep in mind that an emergency room visit may generate several bills. For instance, the emergency room doctor and the radiologist, if you had xrays taken, often have their own bills.

You need to know what the value is. There are several web sources. You can check carfax. You can check the dealer used car manager. You can check newspaper ads and listings. The insurance company will want to pay you somewhat less (they like to save some money on every transaction) If it is just a couple hundred dollars take the money and run. If they really try to cheat you (and they often do) take them to the Judge Judy court (small claims) if the value is less than $5000.