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...

Full Bio →

Written by

UPDATED: Apr 16, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Lorain, OH

Asked on 04/16/2013

If I was hit from behind and the other driver was totaly at fault and my car was totaled and the other drivers insurance only wants to pay book price for my car can I make them replace the car with a simular car of equal value instead of taking the book price money? Their insurance company only wants to pay $1980. book price for my totaled car but that amount won't replace my car so can I make them replace the car instead of excepting the $1980. I don't want the money, I want the car replaced with a simular car with the same condition and value.

Answer given on August 08, 2013

If your car is struck by another driver and the car is considered a total loss, the insurance company is only responsible to pay you the current actual cash value of the car, which is the book value you are referring to.Unfortunately, it is difficult to get the insurance company to change its valuation of your car. However, if you can find a similar car in your area that is of a greater value than the amount being offered, you can use this to support your case for more money. You seem to think you can’t buy the same car for the money offered, so you have to prove it. However, the insurance company will not buy you a car. It will only provide you with the value of your previous car. You will have to purchase the car on your own.You can also find local ads for a similar car to back up your request for more money. Again this is all your responsibility to provide to the insurance company. If you cannot get the adjuster to increase the offer, then ask to speak to a supervisor who may be willing to increase the offer on your car.


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.