What are my rights when my car is totaled and the other company low balls the payout for my vehicle?Can I request a copy of how they determined value?

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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 16, 2012

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Insurance Question from Rocky Point, NY

Asked on 05/16/2012

What are my rights when my car is totaled and the other company low balls the payout for my vehicle?Can I request a copy of how they determined value? I do not have collision, the other company has accepted 100% liability, i have several online quotes showing my vehicle worth $1200 more than what I am being offered.I used NADA.com

Answer given on May 19, 2012

If you were in an auto accident that was caused by the other driver and the insurance company has accepted liability, they should be willing to work with you on the cost of your car. I presume it is being declared a total loss. If so, the insurance companies use various resources to determine the value of the car including the Kelly Blue Book, NADA and local prices from car dealers and online.You say you have several quotes for the higher amount than you are being offered. However, you need to make sure they are similar to your car, including the condition of the car and mileage. Also, the prices you have need to be from your area, not somewhere else, since the values can vary by state and general area. If you have done this and the adjuster still refuses to increasa his offer, you should ask to speak to a supervisor to see if they will be willing to increase the settlement.

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