can i sue an insurance company for giving me way less then my cars value or damage value?

You don't sue the insurance company. You sue the at fault driver.

However, to win that law suit...you still have to prove your car's value.

In the event of a total loss....the insurance company buys the car from you. They take it from you and sell it at a salvage auction.

If you decide to keep the total loss car: the insurance company determines the value of the vehicle. They then subtract the amount they think they could have gotten at the salvage auction. Usually that's about 25% of the cars value. Then they give you the car and the difference. They don't car what you do with the car. You could fix it. You could turn it into a lawn ornament. They don't care.

So, if you chose to owner retain the vehicle - you may not get enough to repair the damage.

As far as the value goes....just because the Kelley Blue Book says your car has a value of 4K does not mean anyone would pay that for it.

If you checked Kelley Blue Books retail value....you need to read the fine print. It states that their value includes cost to recondition, warranty, advertise the vehicle and the sales commission. That their retail value is a starting point for negotiation.

The insurance company probably used a market survey program. It checks actual sales of cars similar to yours and determines a value based on the actual sale price of vehicles. Two well know market survey programs are CCC and Total Logic.

IF they used a book....it would be the NADA (National Automobile Dealers Assoc) book. However, just because the NADA has a clean retail value listed....does not mean your car is in that condition.

When they evaluate your car to determine it's value, they consider the cars options, condition, mileage.

For example: a retail condition vehicle would have good tires. If your tires show wear and need replacement, that's going to be a deduction on the car's value.

If you don't like what his company offered and you have collision coverage on your vehicle - you can file a claim under your collision coverage and see what they offer you.

Do you have collision coverage? If you do then let your insurance company pay off on the car. Do not accept the offer from the other guys company. Let them know the condition, give them photos and tell them the mileage. A total assumes you are not going to fix the car, they just give you what the car is worth or selling for at car dealerships.

If the car is a total, it is usually a good idea to get rid of the car and get another one. If your not happy with their offer don't take it. You can ask for more and back it up with the real value of the car or sue the other driver in small claims for the value of the car.

You can sue anyone for almost anything, but the best way to settle a claim like that, if you're absolutley sure of the value. it to sue the driver that caused the accident for the damages.

They will in turn have to represented by their insurance company, and usually the amount paid wil be much higher and correct.

Depending of the dollar value at stake, a small claims court will handle the claim, and if that's the venue, and you have written proof of the value, in most cases you will not need a lawyer.

It doesn't work like that. You have no case against the other guy's insurer - the insurer is NOT a party to the accident. Further, it has no contractual relationship with you. If you don't like what they're offering, your option is to sue the other driver directly. His insurer then steps in to protect HIM according to the terms of his policy.