What should I do if the lady who hit me isn't paying enough for my totaled car? 21 Answers as of June 13, 2013

My auto was hit and the lady admitted she was not paying attention. The blue book value was 3600.00 and they have offered 4100.00. I can not find a dependable car for that like I had. I took very good care of the car and just had some work done. What can I do?

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Victor Varga | Victor Varga
Nothing...you are actually only entitled to the blue book value, so to get an offer $500 above that is great. Take the money. You won't get a better deal if you sued.
Answer Applies to: Maryland
Replied: 10/5/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Nothing. Take the money.
Answer Applies to: New York
Replied: 8/27/2012
Ezim Law Firm | Dean Esposito
The party at fault is only responsible for the blue book value and sales tax. You can argue that the blue book amount should be higher or keep your car, take the money and fix it.
Answer Applies to: Louisiana
Replied: 8/27/2012
Law Office of Ronald Arthur Lowry
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
Assuming you are in Georgia, the law of Georgia is that the measure of damages for property damage to an automobile, if the car is a total loss, is the fair market value of the car before the wreck occurred. If the true fair market value is $3700 you are doing well to get $4100. You may be able to get a little more if you can show the excellent condition of the car or prove with bill or checks that you had just spent more money on it.
Answer Applies to: Georgia
Replied: 8/23/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Probably nothing. What you can buy is not an issue. You are entitled to fair market value of your car. Not a penny more. You say they offered you $500 more than FMV by the Blue Book.
Answer Applies to: North Carolina
Replied: 8/23/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    You are owed the market value of your car. The book value is a national average of what cars like that are selling for so it may not accurately reflect the true value of your car, particularly if your car is in better than average condition, or has recent improvements.
    Answer Applies to: Mississippi
    Replied: 8/23/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    The insurance company is obligated to pay only the book value of the car. If you have evidence to produce that increases the value, then submit it. Examples would be a special radio, more expensive tires, etc. Doing regular maintenance on your car, like replacing your tires or getting new brakes, does not increase the value unfortunately. One suggestion is to go to a local used car dealer and get a quote from them as to how much the car is worth. If the amount is higher than the book value, submit it as evidence to show that in your area the car is worth more.
    Answer Applies to: Massachusetts
    Replied: 8/23/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You are only entitled to the fair market value of the car. Unless you can give some reason as to why your car is worth more than blue book value, then that is all you are entitled to. If you have a good reason , then file for arbitration at the Clerk of Courts Office.
    Answer Applies to: South Carolina
    Replied: 8/23/2012
    Stephens Gourley & Bywater | David A. Stephens
    If you cannot settle the claim you would have to file suit.
    Answer Applies to: Nevada
    Replied: 8/23/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under Michigan law you can only get $500 or your deductible whichever is less.
    Answer Applies to: Michigan
    Replied: 8/23/2012
    The Phillips Law Firm
    The Phillips Law Firm | Joseph J Ganz
    Your "measure of damages" is the fair market value of your vehicle just prior to impact. One can establish fair market value with comparable ads for the same make,year,and condition of the vehicle and from opinions of pre-owned auto sale people. The fair market value is not necessarily the "Blue Book" value. J
    Answer Applies to: Washington
    Replied: 8/23/2012
    Attorney at Law | John P. Rivers
    The measure of damages is usually the value of the vehicle or the cost to repair if those costs to not exceed the value.
    Answer Applies to: Georgia
    Replied: 8/23/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You are only entitled to the value of the car immediately before it was totaled. Nothing more.
    Answer Applies to: California
    Replied: 8/23/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Find a car which is the same make & model, same year and same condition and demand the insurance company pay you the sales amount for that car, or tell them to go buy you that car.
    Answer Applies to: Florida
    Replied: 8/23/2012
    Downriver Injury and Auto Law | Michael Heilmann
    The limit if liability in MI is $500. Sorry write your legislator.
    Answer Applies to: Michigan
    Replied: 6/13/2013
    Law Offices of Frank D Penney PC
    Law Offices of Frank D Penney PC | Frank D Penney
    I would make a claim against her automobile insurance company. It can be difficult to deal directly with the owner since he/she is typically motivated to pay the least amount possible.
    Answer Applies to: California
    Replied: 8/23/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    They've already offered you more than the blue book value. And that's appropriate - because any offer should also include State sales tax. But if you believe your car is worth more than the blue book, you are going to have to do some homework to prove it. You can do a search of similar cars and what they are selling for. Or you can contact a local dealer for the model of car that was totaled, and ask them to provide a value for your car. If that value is greater than blue book, the dealer needs to explain why your car is worth more than blue book. Once you have that information, you can go back to the insurance company and ask for more. Remember, though - you are entitled to the fair market value of the car at the time of the accident. You are not necessarily entitled to the cost of replacing the car with another one. (Although - if you want to get the same/similar model and age, you can ask the insurance company to find a replacement for you.)
    Answer Applies to: Washington
    Replied: 8/23/2012
    Mike Yeksavich | Mike Yeksavich
    You are only entitled to the car's value. In these cases everyone asserts that their car was pristine. If unsatisfied with the offer then sue and hope for more. However on the facts you provide I am not sure you will do better.
    Answer Applies to: Oklahoma
    Replied: 8/23/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Unfortunately, the at fault party and/or their insurance company are only obligated to pay you the fair market value for your vehicle, whether or not you can purchase another care with that amount or not. There are some many sources any more for quantifying FMV or your vehicle there really isn't much room to negotiate. You may be able to get a little more value if you can show, with receipts that had purchased some new equipment on your car, ie. tires, new paint job, etc. However, they won't take your word for that you will have to provide receipts regarding the new equipment.
    Answer Applies to: California
    Replied: 8/23/2012
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