Do I have to accept insurance company’s offer for totaled vehicleiftheaccident was not my fault and I disagree with their finding?

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Do I have to accept insurance company’s offer for totaled vehicleiftheaccident was not my fault and I disagree with their finding?

My daughter was hit in the rear by an out of state driver, who was deemed 100% at fault. I disagree with their determination of the value of the vehicle. They used comps of vehicles they found 50+ mile away and out of the state. They even call a dealer that is 1 hour away and negotiated a deal with them. We were told to go there. Can they do that? They will not accept our comps of vehicle we found in our state closer to our home, stating they found cheaper vehicle. Do we have to go were they want us to? And do we have to accept their dollar value?

Asked on February 14, 2012 under Accident Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You don't have to accept the settlement offer--you have the right to sue the at-fault driver for what you consider to be the fair value of your damages. That said, since a lawsuit clearly costs money, unless it's a large difference in value, you would likely be better off accepting the offer; otherwise, you could spend more money, on lawyers, court fees, etc. chasing the extra dollars then you would actually make.


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