Auto Insurance Claims: How to resolve issue on the difference between the offer and actual purchase price?, price question, satisfactory settlement

Question
QUESTION: Thank you for your answer to my question “Your comments on determination of the car value”. I understand you have made efforts to provide the best answer, but I still do not understand why I should pay the difference from my pocket to buy the replacement vehicle. The issue is if I got the average quotes such as you said $8000 from five dealers and then even if the adverse insurance is willing to increase their offer from $6000 to $7000, why should I pay the difference $1000? Should I have more losses because of the accident? I want to buy the replacement vehicle. On the other hand, the insurance cannot provide me with the replacement vehicle. I really do not understand why I should have additional loss. I hope you can resolve this issue.  


ANSWER: Hi Ray,
I'm sorry, but I can't resolve your issue.  All I can do is provide you the information regarding the steps that you need to follow in order to possibly negotiate a higher settlement than the insurance company's first offer.
Neither of us know what will be your best offer until you gather the information and enter into negotiation with the insurance company.
At that time, it will depend on how large a 'gap' there is between the estimates that you have received and the offer first made by the insurance company plus your strength and firmness as a negotiator and how willing the company is to get this claim settled so the adjuster can move on to other cases.
My hope is that you will be able to negotiate and receive a satisfactory settlement.
Sincerely,
Bennie

---------- FOLLOW-UP ----------

QUESTION: I know most of people just take the cash to buy the new car or do what else they like. They may never buy the same replacement vehicle after the settlement. But, I want to buy the same replacement vehicle. Now the insurance insists on their offer is the market value. They cannot pay the dealers price (probably the dealer needs to chare the documents fee etc). If I buy the vehicle, I will have to pay the difference. Does it mean I have to go to the court for resolving the issue? If so, what the results will be? Will the judger likely order the insurance to make up the difference? Have you seen or heard about it?

Answer
Hi Ray,
At no point during our correspondence have you mentioned the year, make and model of your car.
Reading between the lines of your last question, I am assuming that you have a 2008 model and desire to replace it with an identical 2008 model and the insurance company is not making you a large enough offer to purchase a new 2008 model without more money coming out of your pocket.
If this is the case, your car depreciated the moment that you drove away from the dealership.  You are only owed the value of a used car, not the cost of a brand new identical car.
No court of law is going to order the insurance company to pay for a new car when you are only entitled to the value of a used car.
This is the 6th or 7th question that you have presented regarding the accident.  I don't see any way that I can provide any more useful advice.
Sincerely,
Bennie