Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 1, 2016

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Insurance Question from Hewittville, NY

Asked on 05/01/2016

friend it by another person totaled both vehicles. his insurence company not offering enough to replace car and only covering rental for a few weeks, is there any way for her to fight the other drivers insurence company to give the value of her car and cover a rental until situation resolved? She had no fault she was parked when he hit her vehicle.

Answer given on May 01, 2016

In an auto accident, the insurance company for the responsible party will only pay the actual cash value of the car destroyed at the time of the loss. If your friend does not feel the offer is sufficient, she can try to find other sites to provide a higher value for the car. This can be the Kelly Blue Book, online sites, but only for the area where she lives or ads in the newspaper. If she provides proof of higher value, the other insurance company may be willing to increase the offer. However, actual cash value is not usually what she may feel the car is worth. Since the insurance company has made an offer, they will only provide rental coverage for the time it will take to settle the claim. If she promptly provides higher valuation, they may extend the rental car time, but not by much. If she has collision coverage on her car, she may check with her insurance company about a settlement offer and rental car coverage and let them deal with the other insurance company. She will have to pay her deductible though, until settled.


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