What to do if I was rear-ended, however my insurer is not paying me enough to replace my total loss vehicle much less the “better car replacement” I paid for?

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What to do if I was rear-ended, however my insurer is not paying me enough to replace my total loss vehicle much less the “better car replacement” I paid for?

I gave them proof and sent links to same model/option/mileage as my vehicle within a 500 mile radius of my home. Their better car replacement is about $1k less than they are quoting me for “better car replacement”.

Asked on January 13, 2016 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you believe that the insurer is violating its policy obligations by not paying you what you are entitled to, you can sue them for breach of contract (an insurance policy is a contract, after all). To prevail, you'd need to prove in court that under the terms of the policy and the facts of this situation, instead of $X they owe you $Y; you would need to prove that by a "preponderance of the evidence," or that it is more likely than not that is the case. For amounts less than the maximum limit for your small claims court, suing in small claims, acting as your own attorney ("pro se") is a good option to explore.


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