my car got tottled loss. my insurance paid only actual cash value or whole sale...which is atleast 2k less for the same kind of car condition and year if i buy from dealer. my case still not settled for injuries yet. can i file for small claim other party direct which is on fault for my difference of cash value and actual retail price while case is not settled with their insurance ?
2006-12-06 12:46:16 · 5 answers · asked by howdy 1 in Cars & Transportation ➔ Insurance & Registration
The other person is not obligated to pay you any more money. You were made whole when paid by your carrier and you cannot collect again. If you sue, you will lose. Sorry.
2006-12-06 13:07:50 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
You can claim anything you'd like against anyone at any time if you can find an attorney to file for you. The question is whether or not you would prevail. All the insurance is obligated to do is make you whole by giving you the actual cash value of your loss. Not the replacement value, and not what you might owe on it, merely the actual cash value.
2006-12-06 20:52:56 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
It is not the insurance companies fault that you:
a. paid too much for your car
b. the dealerships your going to are charging too much for their cars.
All an insurance company owes (and all you WILL get) is the actual cash value of the vehicle the at fault party totalled. I cant think of any reason anyone would expect more then the value of the vehicle?
2006-12-06 21:18:36 · answer #3 · answered by la428282 6 · 0⤊ 0⤋
No one owes you more than your vehicle is worth. End of story .. Sue if you want to but the judge will laugh you out of court.
2006-12-06 21:57:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
check the blue book value....that is what the insurance company goes by http://www.kbb.com/
2006-12-06 20:54:17 · answer #5 · answered by xxrtxxemail 2 · 0⤊ 0⤋