If I was in an accident approx 2 months ago and my van was totaled, am I entitled to more then just the blue book value of the totaled van?

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If I was in an accident approx 2 months ago and my van was totaled, am I entitled to more then just the blue book value of the totaled van?

The other driver was cited for crossing into my lane and driving with a suspended license. He hit my company van which has now been totaled. I was not hurt, but the check I received from the totaling of my van did not cover replacing with a similar van. Plus, I had rental fees and my replacement van will need to be painted in our company colors. Also, the replacement van does not yet have company lettering, so my name has not been getting out to the community since the accident.

Asked on December 4, 2014 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

From what you write, it appears that you received the check from your own insurer. If so, your insurer is only obligated to pay the then-current (or "blue book") value of the van, so you can't get more from them. You could seek additional costs you incurred from the at-fault driver (e.g. your repaining costs), but would have to sue that person (and win, of course) to get the money. For smaller amounts (under the limits of your small claims court), you are probably best served acting as your own attorney ("pro se") in small claims court.


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