How do we get a settlement that gets us a car?

My husband got hit by a Pepsi semi and they totaled
our car and only want to give us 2500 for it and we
found out that we owe 750 on it to get the title. We
asked them to pay us 3000 and they cover 750 so
the total would be 3750. We told them if they didnt
want to cover this then they could buy us a car like
ours or fix the one we had, because the cars that we
have found are like ours are around 4000-4500.
How do we go about getting what we want?

Asked on September 21, 2017 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

What is the fair market or blue book value of your car, as of the moment it was totalled, based on its make, model, age, mileage, and condition? That the most you are entitled to: the law gives you the monetary equivalent (i.e. an amount of money equal to the value) of the car. The law does not take account of what you paid, or have to pay to get title, or still owe on a loan (if anything), or the cost of new car: you are entitled to the car's value, nothing else.
If they are offering you less than the then-current blue book value, you could sue the at-fault driver and his employer for the difference. But if it is only a little bit more than they are offering (or equals what they are offering), it would likely not be worth suing.


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