Auto Insurance Claims: No Insurance and at Fault, kelley blue book, kelley blue book value

Question
My daughter in law had an accident in the parking lot of a mall.  She was not cited since it was considered private property.  Her insurance had lapsed.  She knows that she is liable for the other parties vehicle and plans to pay the book value of the car.  She was just notified that the other driver's insurance company had closed the claim, totalled the car and awarded their client $5,000.  This is the first she has heard from anyone.  The Kelley Blue Book value of the car is $1500 - It was a 1995 Buick LeSabre.  The insurance adjuster told her that there was a new engine in the car, that is why it is $5,000. They also plan to charge her for the junk yard cost and it has been 2 months since the wreck. Does the insurance company at least owe her estimates of the damage and the specs on the vehicle for book value before they assess her $5,000?  She lives in South Carolina and the DMV will take her license away until they receive some type of settlement from the insurance company, so she has been told.  Please help us to find out what her rights are.

Thanks

Answer
Hi Debbie,

Your daughter has the right to ask for copies of all of the documentation pertaining to the valuation of the vehicle, including the receipts of the engine replacement. Since the insurance company determined the car to be a total loss, they do not have to provide the repair estimates.

Unfortunately in this situation there will not be much that can be done. The insurance company is entitled to reimbursement of all monies expended in the claim including towing and storage charges.

If your daughter does not have the $5,000.00 in cash, she will have to contact the insurance company to make a payment arrangement.

I hope this helps
Richard Hixenbaugh