If my car was hit and I don’t agree with the offer for payment, what can I do?

My car was T-boned and the insurance company is trying to offer me less than

what is expected for my car.

Asked on March 16, 2016 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your car was totaled, the amount you should receive from the at-fault driver or their insurer (or your own insurer, if you have collision coverage) is the then-current blue book value or fair market value of the car. If they are offering less than that, you could refuse the offer and sue the at-fault driver (you sue the driver, not their insurance company) (or if it's your own insurer not offering enough under your collision coverage, you could sue your insurer for breach of contract--that is, for not honoring its obligation to pay under the policy). Of course, if the discrepancy is small, it's probably not worth the time, cost, and effort of suing--e.g., say you car's FMV was $10,000 and you are offered $9,300...it may well not be worth suing for an extra $700.

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