What to do if the at fault driver’s insurance company accepted 100% liability, but it will not give us what we paid for our car?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if the at fault driver’s insurance company accepted 100% liability, but it will not give us what we paid for our car?

Asked on July 29, 2011 Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your car was not brand spanking new with very few miles on it when it was damaged was it? If not, under the laws of most states, the damages to the vehicle that you own where the other driver was supposedly at fault is either the cost of repair of the vehicle up to the car's current fair market value or the car's current fair market value at the time of the accident whichever is the less.

You do not get a brand new car or what you paid for your damaged vehicle for the simple fact that the car was a depreciated asset. It was not worth what you paid for it. It was worth less because you had put miles on it after you bought it.

You need to find out what the blue book value of car at the time of its damage taking into account year, make and mileage for negotiation purposes with the other side's insurance carrier.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your car was not brand spanking new with very few miles on it when it was damaged was it? If not, under the laws of most states, the damages to the vehicle that you own where the other driver was supposedly at fault is either the cost of repair of the vehicle up to the car's current fair market value or the car's current fair market value at the time of the accident whichever is the less.

You do not get a brand new car or what you paid for your damaged vehicle for the simple fact that the car was a depreciated asset. It was not worth what you paid for it. It was worth less because you had put miles on it after you bought it.

You need to find out what the blue book value of car at the time of its damage taking into account year, make and mileage for negotiation purposes with the other side's insurance carrier.


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 AttorneyPages.com 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 with SHA-256 Encryption