Auto Insurance Claims: Sue for Auto Damages, small claims court, honda prelude

Question
I have a 1992 Honda Prelude Si that is black and has low miles and is dent/scratch free and has been babied. The care is in excellent condition. I bought the car when it was a year old and have owned it ever since. The car has been garaged and barely used.  This week it was taken out for a drive and was hit while parked in a parking garage. The owner and his insurance company have excepted full responsibility for the property damage to the car but are trying to make it into a total loss.  The blue book value on the car is much lower then are FMV for the car.  The car has minor body damage from the accident and is nothing that affects the drivability of the car.  (the bumper and fender and one light was broke)  The hood and everything else was let unmarked. My question is can I take the FMV and go to SMall claims court for the cost to repair if it is reasonable (80% of the FMV) and be successful since the insured's company is not going to cover the repair based on their valuation?  

Answer
Hi Melissa,

You will likely need to find an independent vehicle appraiser who will research the value of your car and write an appraisal report. You can then send that appraisal to the insurance company to try to negotiate with them. If they do not negotiate with you then you would file in small claims court. The appraisal will likely cost you $200 to $300. You will also have to have the appraiser come to court as an expert witness. That will cost another $200 to $300 or more. Although you can research the value yourself, you can not testify as an expert. The insurance company will provide the at-fault party with a defense attorney and will likely have their own expert to testify as to the value they determined.

I hope this helps
Richard Hixenbaugh