If my insurer deemed my claim a total loss butis offering me less than the value of the car, what can I do to make sure I get compensated appropriately?

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If my insurer deemed my claim a total loss butis offering me less than the value of the car, what can I do to make sure I get compensated appropriately?

If the insurance company doesn’t want to compensate me for my car like I should be, is there anything I can do to get what I deserve?

Asked on December 11, 2011 under Accident Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When a car is a total loss, the insurer should pay the current fair market or "blue book" value for it, which is based on make, model, age, mileage, condition, and *some* options--those which you'd find, according to the blue book, generally affect value. If you feel that the company is short changing you, you could sue them to force them to pay the true or actual value. You'd have to be able to prove the value you claim by a preponderance of the evidence (or that it is more likely than not that your claimed value is correct). You'd also have the cost and trouble of a lawsuit, so unless there's a significant difference between what you are being paid and what you think you should be paid, it's not likely worthwhile to take action.


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