How can I get a fair settlement for the value of my car after a car/deer accident?

UPDATED: Sep 30, 2022

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.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I get a fair settlement for the value of my car after a car/deer accident?

My vehicle was involved in a car/deer accident. Thankfully, no one was injured. My insurance company wants to total out the car, which I can understand. But, they are only offering one-third of the value of my car to settle the claim. What can I do to get a fair settlement for the value of my car?

Asked on January 26, 2017 under Accident Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The insurer has to pay the then-current fair market value, or "blue book" value, of your car: i.e. the fair market value of a car of that make, model, year, mileage, and features. If that is more than they are offering--i.e. they are not offering fair market value--you could sue them for "breach of contract," or violating their contractual obligation (an insurance policy is a contract) to pay the appropriate amount. Before doing this, however, check the fair market value for your car, given its age and mileage--it's possible that it's less than you think. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption