QuestionThe insurance repair estimator seems to be leaning toward totalling my 2001 Lexus RX 300 after my being rear ended a few days ago and he appears to be leaning toward providing only a low ball repair. We will hear definitively tomorrow, Tuesday, Jan 15 2013.
How do I insist that the insurance co of the man who REAR-EENDED me provide me the actual cash value of my vehicle that is, what I could have sold it before the accident.
Many thanks for your counsel. It is much appreciated.
Murray Corwin
AnswerMurray,
Remember that it is the MAN that hit you that owes you for your damages. Luckily, it seems he had insurance, but you cannot sue his insurance company because they haven't done anything to you. If they do not settle the claim for him in a fair manner, your only recourse would be to sue the MAN in small claims court and prove the actual cash value to the judge / jury.
The only other option you have is to simply fight, fight, fight. Get an independent appraiser to provide you with a certified appraisal (we do that), and then present your claim and evidence and don't settle until you have your money. Sometimes, the squeaky wheel does get the grease.
Probably not what you wanted to hear, but it's the truth and I hope it helps.
Regards,
Justin
