Auto Insurance Claims: how to get fair value of car that was totaled, body ache, stress and anxiety


Question
Auto Insurance Claims: how to get fair value of car that was totaled, body ache, stress and anxiety
mustang
Last week-end our 95 mustang gt convertible was hit, and we are now being told it is totaled.  the insurance company is offering us only half of what it will cost to replace the car. How do we get a fair price for our vehicle?  the other driver is at fault, and the insurance co has accepted responsibility.  their insured stopped at a stop sign and then pulled out right into the side of our car. this all happened in from of a county sheriff who was going in the opposite direction than our car. luckily he stopped when he saw what was happening. The impact caused our car to do a 180 degree spin in the roadway. The damage is from the passenger door back, blowing the rear tire, and ripping the rear bumper halfway off.  Luckily my husband was not hurt, as he had his seatbelt on.  He has only suffered a headache and some minor body ache's.  I was not in the car, but I am the one suffering from medical problems due to this situation. I have Parkinson's and the stress and anxiety this is causing is extremely hard on me, so we need to put this behind us and move on.  
We want to replace the car, but they are insulting us with the offer.
We only want to be able to replace our car.  we are not looking to gain, but it is not right that we should LOSE either.  
This car is not our daily driver, it was our baby that has been garaged and only driven during the summer days (which in Washington state are not that many).  Do you have any suggestions on how to get a fair value for our car? One that we can use to replace our car?
thank you in advance.

Answer
Dear Karen,

As a liability carrier of an at-fault party, their insurance company has no legal duty to you. It is their insured policyholder who does, however, and that is where you need to focus your attention. Send their policyholder a certified letter demanding that they pay the cost to replace your Mustang with one of like kind and quality (LKQ) the standard to which all persons must meet when settling claims. Let them know in no uncertain terms that you will hold them legally liable for your loss and will take whatever steps necessary to be made whole. Send a carbon copy to their insurance company.

In the meantime, do some shopping either locally or online for a replacement of your car. If you cannot find one equal to your car, then go up a level until you are satisfied with the replacement vehicle. That way you will have a number to gauge their offer by. And don't forget to add sales tax and license transfer fees if applicable.

Charlie