Auto Insurance Claims: totalled new car, toyota yaris, car question


Question
QUESTION: hi there,
my 3 week old toyota yaris was just totaled by an out of control driver who came into my lane and smashed into me head on.  luckily, injuries are minor, however my knee is pretty banged up and a tooth was chipped.  i paid about 13,800 when all was said and done and i'm being offered 14,400, however i no longer have a $1000 trade in.  do i work with my insurance or go after the difference later with my lawyer when dealing with injury and lost wages?  thanks so much for your advice.  i've been reading your insights all day and am very impressed!!
ANSWER: The other party's insurance company owes you the value of the vehicle; period.  Their liability has nothing to do with the circumstances involving your original purchase. It would appear that they have already offered you more than you paid for the car so I'd take it and run before they realize the mistake.

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QUESTION: Hi again.  Thanks.  actually the money offered is 14,400, however the Purchase and Sales comes to 14,888 after tax, title, etc.  i faxed a copy of the p and s to the insurance company asking to up the payout.  if they don't concur do i have any other recourse??

Answer
They owe you the actual cash value of the used vehicle that you were driving.  Considering that most cars lose at least 10 of their value the minute that you drive off of the lot, I'm thinking that the offer is more than fair.
If you disagree however, the courthouse would be your next option.