Auto Insurance Claims: Accident claim, Total Loss Help

Question
Good morning, my husband recently was hit by a truck, the truck backed into our car, I called their insurance and started a claim, the adjuster came out to see the car, I just got the estimate and the insurance is claiming it a total loss but due to prior damage which is a brocken mirror, our sunroof is cracked and the paint is dull, they said they can only offer us $825.00 for the total loss. They claim the blue book value for our 1999 nissan altima is a little over $3000.00 minus the prior damage which they estimate $1500. they value the car at $1500. then minus the prior damage they only want to give us $825.00 and we can keep the car with a salvage title. What can I do to fight this?

Answer
Yvonne,

  Depending on the State where you are located, you have some options.  The most common way to increase the settlement figure on your claim is to:

1) Negotiate in writing well and consistently.
2) Obtain a credible independent appraisal (my company does these all the time).  

  Please understand that every claim is negotiable, the settlement value on a third party claim (like you have against the trucking company's insurance policy) is ultimately decided by tort law, and this means that a jury is the only absolute answer to any question or argument of value.  It is the quality of your evidence and negotiation manner (assuming the individual adjuster and company are reasonable) that makes or breaks an out of court settlement.  

  I'll go one step further and theorize on your vehicle with the disclaimer that this is not an official appraisal and is based upon the very limited information you provided, it is simply a ballpark guesstimate on your vehicle . . .

1999 Nissan Altima, unknown mileage, unknown condition = Sight Unseen Maximum  = $3500.00

  Keep in mind that I have not even seen an estimate, State laws can affect the value determination method too, so your vehicle may be salvageable.  Additionally, you can always negotiate the prior damage; like how did they come up with the figure of $1500.00?, did they break it down for you?  I'd have a lot of questions if I were you.  Determining the value of a vehicle depends on many factors.  I'll happily give you my opinion verbally over the phone for free if you'll give me all the data I need to properly calculate the fair market value or actual cash value of your vehicle.  I'm sorry, but I won't do it over AllExperts because I would be way too busy if I started giving away free written opinions.    


   I hope this helps!  Information is always free at Petty Details, LLC!