If I was hit from behind and the other driver was totaly at fault and my car was totaled and the other drivers insurance only wants to pay book price

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 16, 2013

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Insurance Question from Lorain, OH

Asked on 04/16/2013

If I was hit from behind and the other driver was totaly at fault and my car was totaled and the other drivers insurance only wants to pay book price for my car can I make them replace the car with a simular car of equal value instead of taking the book price money? Their insurance company only wants to pay $1980. book price for my totaled car but that amount won't replace my car so can I make them replace the car instead of excepting the $1980. I don't want the money, I want the car replaced with a simular car with the same condition and value.

Answer given on August 08, 2013

If your car is struck by another driver and the car is considered a total loss, the insurance company is only responsible to pay you the current actual cash value of the car, which is the book value you are referring to.Unfortunately, it is difficult to get the insurance company to change its valuation of your car. However, if you can find a similar car in your area that is of a greater value than the amount being offered, you can use this to support your case for more money. You seem to think you can’t buy the same car for the money offered, so you have to prove it. However, the insurance company will not buy you a car. It will only provide you with the value of your previous car. You will have to purchase the car on your own.You can also find local ads for a similar car to back up your request for more money. Again this is all your responsibility to provide to the insurance company. If you cannot get the adjuster to increase the offer, then ask to speak to a supervisor who may be willing to increase the offer on your car.

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