Auto Insurance Claims: Parked Car Accident, diabetic shock, high mileage


Question
Hello.  I'm so glad I found you a few weeks ago and now need your advice!  
Over the weekend our car was parked in front of our house (legally) A woman
rear ended it.  When she first got out of the car she appeared drunk
(stumbling and incoherent)  the police came and she claimed she was in
diabetic shock.  However, she refused any medical treatment.  After about 45
minutes she did start acting more coherent but still not right.  The police did
not do anything to confirm that she was in fact diabetic.  She had no ID
bracelet or any proof of this but there was not a breathalizer etc. done which
the fact that she just slammed into a parked car would have been the first
thing I would have checked.  Anyway, they came and towed our 2001 Ford
Focus ZX3 away and I just got a call from the insurance adjuster today that
they were totaling the car and offering us $3000 for it.  I completely refused
what he was offering, not even sure if I could do that and told him that his
insured should not have even been driving with said medical condition not to
mention that I researched it today and any bit of sugar would have eliminated
the problem.  I noted to him she passed 3 fast food places and 2 convenience
stores before slamming into our car.  Any one of which she could have
stopped at to fix this problem.  I also noted that this car has low mileage was
in great condition and I was not taking his ridiculous offer.  I am feeling like
I'm being punished here for coming home and parking my car.  At this point
what I want is them to fix the car.  I know it has some frame damage and if
they absolutely cannot fix it them I want enough money to replace it with
what I had.  That seems like a reasonable request since I did nothing wrong
here.  Looking for similar cars I cannot find one with only 50k miles on it to
begin with and most have such high mileage i don't want them but even those
are going for at least $6000.  I'm not replacing my car with something worse
than what I had.

Then I had the idea to get the car back with a check for a reasonable amount
of money but it seems it will be titled as salvage and that will do me no good
at all unless I can get it retitled after it is fixed and how much will getting it
retitled cost and what will that entail.  I mean this whole thing seems that I
am the one with the burden being put on me.  And this insurance adjuster is
treating me as car dealers and mechanics as if I know nothing about cars
which cannot be farther from the actual truth.  I asked to be there when he
"goes back to reassess his original look at the car" and he said that was not
possible.  I realize that is because he is not going back he is just talking to
someone higher up to make me a higher offer.  I've looked up values on
Kelley Blue Book and NADA all of which put the value at somewhere between
6000 and 7000 depending on what you use but that amount still will not
replace what was totaled.  I'm just at a total loss at how this works.  Can you
offer any advice?  Is SCC an option, however, in PA i'm only looking at a max
of $8k.  I'm feeling like I'm being completely screwed here.  

Please impart some wisdom to make me feel better!!  
Thanks!
Tonya

Answer
Hi Tonya,

There are a few websites you can check to determine the average value of your car as follows;

1) www.nada.com
2) www.kbb.com
3) www.edmunds.com
4) www.autotrader.com  

The last one will allow you to search for currently for sale vehicles like yours in your area. Print out the info you find and average the values to develop an overall average value. You can then use this info to try to negotiate with the insurance company.

If it becomes necessary, you may have to hire an independent vehicle appraiser to establish the value. If all this does not work then yes you can file a small claims law suit.

I hope this helps
Richard Hixenbaugh