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my car was totaled.....?
other persons fault.
i have been offered a settlement but want to know if i can sue her for a replacement car of lesser value i am with out a vehicle and feel cheated.
i had a car and now i dont, what do i do.
8 Answers
- VipassanaLv 71 decade agoFavorite Answer
All they have to pay you, by law, is the reasonable market value for your vehicle.
Which, 99% of the time, is significantly lower than what the owner feels it should be.
This does not mean you're being cheated. It means you didn't know the value of your car.
You can try to sue, but if they offered to reimburse you for the value of your car (which they did), then you won't win the case. You had a perfectly legit offer, and turned it down. Not their fault.
- Luna & LawnboyLv 71 decade ago
When you get the settlement, you go buy yourself another car. In the meantime, you can rent a vehicle. However, the insurance company will cut you off if you delay the settlement.
If you sue her, she will just refer the matter over to the insurance company. They will continue to defend her. You are not going to get a settlement and a vehicle.
Source(s): Claims - 23 years - oklatomLv 71 decade ago
Does the settlement cover your loss? Is it for the fair market value of your vehicle? If yes, take it, that's all you will get. If not, show them by local ads that your vehicle in the condition it was in was worth more than they are offering.
The best source for information by the way, is your own insurance agent.
- 1 decade ago
You can do whatever you like...BUT it is best to provide actual evidence based facts for your argument. Why do you feel the vehicle is of more value? Try to get quotes of prices for your vehicle in your area, see if a dealer can give you a verbal trade in price etc. They do generally owe for a rental from the time they accepted liability until the car was deemed a total loss. If you were injured they generally owe med bills for reasonable and necc and general pain and suffering. It does tend to be medically related and life inconvenience based, here is the place to explain your economic hardship....Good luck
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- Fred CLv 71 decade ago
You take your settlement if it is fair, or you negotiate for a larger settlement if you can prove your car was worth more, and then YOU buy another car, nobody has to go shopping to buy a car for yo, whether it is a private settlement or an insurance company settlement.
- J E T H R OLv 71 decade ago
Sue if you like but you wont get anywhere. You are entitled to the fair maket value of your car at the time of the accident. So if they offered a price you agreed to than your done. Your car has been replaced buy a check. Go buy something else and move on.............md
- 1 decade ago
the other persons insurance should pay for a rental car. they have to replace the book value of your car that was totaled. bluebook.com and that is seperate from your settlement.