If the settlement offered by the other insurance company is unrealistic low, how can I get a fair settlement?

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If the settlement offered by the other insurance company is unrealistic low, how can I get a fair settlement?

Another car went through a stop sign and hit my car. My car was declared a total loss by their insurance company. i don’t have collision coverage and am dealing with their insurance company directly. They have accepted 100% responsibility. However, the amount they are offering is unrealistically low. They are using listed prices of cars very different from mine lower mileage, different models, etc., then applying an unrealistically high adjustment to arrive at their offer price. I used the same methodology and used cars very similar to mine miles, transmission, model, etc. and arrive at a value approximately $3,000 higher. They won’t accept my analysis now, saying instead, that they would now prefer to use averages by KBB, NADA, etc., and then apply adjustments.

Asked on July 13, 2016 under Accident Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If settlement negotiations have reached an impasse or are otherwise unsuccessful, your only recourse is to reject the settlement offers and sue the at-fault driver for negligence.  You may or may not end up with additional compensation which is always the risk of litigation.


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