Unfair total loss settlement - Auto?

Question

I got into an accident and it's determined it's 100% the other party's fault. The other party is insured. My car is a total loss. My insurance company (Allstate) offered me a below market price value for me car. They offered $6500 but my car is currently selling around $7500 in the market according to my research. I have countered their offer, faxed over all my research result, can contacted the adjuster's manager. They are still very firm about what they can offer. They said they will not add a penny to the offer.

I don’t understand… this accident is entirely NOT my fault. My insurance company does not have to pay anything for my loss. All cost goes to the other party’s insurance company. Why would my insurance offer me a below market price and force me to take a loss????

I have also filed a claim to California State Insurance Department, don’t know how much they can help me on the case.

Any body has any idea what I should do at this point???

I have told the adjuster that I will settle this in court and she does not care. I have contacted many lawyers and see how they can help. Looks like none of them is interested in this case since the car was unoccupied when the accident happened. No one was hurt. I can’t sue the at fault party since he is insured.

The other party's insurance company refused to work with me and their reason is I have my own insruance co... They are both very rude...

The car I lost is a 1997 Toyota Camry LE 4 cylinder, Green, 73,800 miles on the odometer, clean title, regular maintenance, fairly new tire, CD player, excellent condition.

They used two same-model cars for comparison when doing the car valuation. One is with 188000 miles and the other is with 114000 miles. And they averaged the two values and came up with $6597. But the one I lost is at 738000 miles.

With $6597, I can only get only get a Camry with about 130000 miles, almost doubled the miles I had. They argued that 130000 miles is comparable with 730000 miles........ Obviously someone didn't pass first grade math.......

CORRECTION - typo

My car is with 73,800 miles, not 738000

Answer 1

Ok.. first check your policy... MUST you deal thru your insurance company? If not, then just inform them that their services are no longer necessary, and start shopping for a new company (try GEICO they are pretty straightforward).

Ok.. now you contact the DRIVER - not his insurance company since they dont owe you anything (understand that part?) - and send him/her your paperwork and estimates and make a written demand for whatever you feel is a fair amount ($7500?) Don't forget to include ALL the possible bills (car rentals, lost wages, etc...) in the total demand. Because this method does not really allow for second shots.

They will forward it to their insurance company who will either say yes, no, or make a counter offer.

If you can NOT agree, then you stop dealing with them and go to the local county courthouse and see if you are within the maximum amounts allowed to file a small claims suit (no attorney necessary if you can absolutley prove liability). Fill out the paper work and have the other driver served (you sue him/her..not his insurance company)

The judge will make a finding of fault .. and then approve the damages. (or not). Make sure you present your case fairly and with all the necessary paperwork to back up your claims and costs. Whatever you win comes from the driver who is reimbursed by his insurance company... You cut them out of the loop completely.

Lastly, if you are a minor...your parents must do this for you.

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Answer 2

Why are you dealing with your own insurance company? Go after the at fault insurance company. Show them your replacement value of the car. Also you are dealing with your own insurance co. and they may be deducting your deductible. Tell your insurance company that it is 100% the other parties fault and if they want to give that amount tell them go out buy the car and bring it to you. You will look at it and then decide if you want that car or not. In the mean time keep the rental car until it gets all cleared up. Just a negotiating tip.

Answer 3

Insurance companies can replace cars at wholesale prices where you can't. What you should do is ask them to replace the car wtih another car. Tell them you don't want money, you want a car. That should take care of it and everyone will be happy. BTW, your insurance company has to do the paying at least for now. They will subrogate and try and get the money back from the other insurance company. This may happen or it may not happen depending on the other insurance company who can tie the claim up for a long time. Also to break the string of long bodily injury lawsuits, no one is 100? at fault. New laws have put bothe parties at fault even to a small degree to protect against that. Hope this helps.

Answer 4

OK, you have your market research . . . Allstate has THEIR market research, and there's a $1,000 difference in price. I'm assuming you depreciated your car for milage, tire milage, general appearance, etc, and you're using private party sales figures, right? And you subtracted your deductible?

Did you request copies of THEIR pricing information? They should be able to provide you with recent newspaper ads in your area. That's a huge difference, something is way off here.

It's time to call your agent in on this - they need to go to bat for you. Although, with a captive agent, there's only so much they can do.

Answer 5

This is something your agent helping you out with. You hire and fire your agent. He works for you. It is his job to make sure the insurance company he put you with is treating you fairly. Call him and give him the scoop


You might need to get a lawyer. But it wouldn't hurt to threaten your company with a lawsuit