Auto Insurance Claims: Total Loss Replacemet, amenties, question thanks

Question
QUESTION: My car was in an accident, in GA.  They are saying it is a total loss.  Is there a law in GA that says if they total loss amount is not enough to cover the replacement (purchase cost) of my car (Cadillac fully loaded), can I require the insurance company to just physically replace my car with one of comparable current value (and amenties) in place of receiving a total loss check?  If so, what is this called and how can I go about having it done?  Thanks for your quick response.

ANSWER: Hi Pat,

The insurance company is responsible for paying you the fair market value of YOUR vehicle. Not necessarily the cost of replacing it. If the vehicle has been declared a total loss, there is nothing you can do to force them to buy you another car. Insurance comapanies only write checks.

If you feel the amount they are offering is too low you can contest the amount of their offer. You have the right to hire your own appraiser to determine the value of your car. This would give you the documentation to help you negotiate a better settlement.

Since you are in Georgia, you should contact Collision Claim Associates, Inc. Their website is www.collisionclaims.com or you can call them at 770-887-7626.

I hope this helps
Richard Hixenbaugh

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

QUESTION: Thanks...my questions is fair value to fair value.  Meaning the replace the car with a car of the samme make, model, mileage, etc.  which means that car would be of the same fair value as the one totaled...not a newer one...this is my question...clarified...thanks...

Answer
Hi Pat,

I understood your question. The insurance company is required to pay you the fair value of your car. This would include deductions for any unusual wear & tear, dents, dings, stains, etc. They are not responsible to buy you another car. They will issue you a check and then it is up to you to go find and purchase another car.

If you do not agree with the value they are offering then you have to hire an appraiser to determine the correct value.

I hope this helps
Richard Hixenbaugh