If I was in an accident, is there anyway thatI can get my insurer to consider my new car a total loss and not lose any money on it?

UPDATED: Jan 6, 2011

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If I was in an accident, is there anyway thatI can get my insurer to consider my new car a total loss and not lose any money on it?

I was in a car accident. Theat-fault party’s insurer said that my car was totaled. When filing through my insurance company, they say that my car is fixable. Only being offered 15K; my car is worthis 18K. I bought it 6 days before the accident, without GAP insurance.

Asked on January 6, 2011 under Accident Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Ok, so first thing you are going to need is an estimate for repair.  Did the insurance company appraise the car for repair?  Then you may need to get an independent appraisal as well or use the one from the at-fault party insurer's if they deemed it a total loss.  Remember that a "total loss" of a vehicle means that your carnot be repaired or that it is worth less than the cost of repairs.  You can negotiate the settlement amount and you have a right to settle the claim for the amount it would cost to buy the same car.  You may need to get some help here with all of this if you can not negotiate the claim.  Do not sign anything unless an attorney reviews it for you.  Good luck.

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