Auto Insurance Claims: diminished value, claim settlement, insurance claim settlement


Question
Had a 7 month old vehicle (had a trade in and paid cash for bal). Other vehicle failed to yield to me and totalled my car. I only rec'd market value which was not enought to get me back into a new vehicle similar to what I had.  I had to shell out additional 6 grand (which I wouldn't have had to do had it not been for at fault accident).  having a hard time finding atty to take case since there were no injuries.  Is it worth the effort for small claims court or can we send to collections?  Any advise would be helpful.  We are waiting for call from Fl Bar Assn to find property damage atty.  thanks

Answer
 Hello David,

You are asking me a legal question.  I am not an attorney.

As for the insurance issues, if the car is not just new to you, but was in fact a brand new car when you purchased it 7 months ago, I would question how the value was determined to be $6000 below your purchase price.  Yes, vehicles do reduce in value, but ordinarily insurance companies will not devalue a brand new car at the same rate as other vehicles.

If you have not done so already, research the value of your car yourself.  Call dealers, check online sources, and arrive at a legitimate value.  If that value exceeds the offered settlement, you should continue to negotiate.  I would say never accept the initial offer as a final offer.


Hope this helps

Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com