What do i do if my insurance is trying to stiff me?

My claim is on my door and the want to give me $500 and total my car. I still owe $300 on it and I’m will to use used parts. I have put a lot of money in my car. And it still runs good. I have had it checked out and my frame is not bent.

Asked on July 21, 2017 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

What you owe is irrelevant. That the car runs good is irrelevant. All that matters is if the cost to repair exceeds the current value of the car. The insurer is only required to pay the lesser of the repair cost or current value. If the car's current value, based on make, model, age, condition, mileage, is around $500, that's all they owe you. If they are offering less than the current value but want to total the car, that is improper and you could sue them for "breach of contract": for dishonoring their contractual obligation (an insurance policy is a contract) to pay the lesser of current fair market value or repair cost.


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