If my car was totaled in an accident, can I negotiate with the adjuster?

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If my car was totaled in an accident, can I negotiate with the adjuster?

I was in an auto accident on Jan 11th, My car was 7 months old and had 5400

miles on it. It was the fault of the other driver as he was fooling around with

the radio channels and rammed into me. he settlement is less than what I owe.

I do have GAP insurance.

Asked on March 4, 2016 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can always try to negotiate with an adjuster or an insurer; however, that merely means you have the right to try--there is no guaranty of success. If you feel that the insurer is offering you less than you believe you are entitled to (e.g. based on the value of your car), you can sue...you could sue the at-fault driver, or if your own insurer is offering you less than you feel you are entitled to under the terms of your policy, you could sue your insurer. (You would sue your own insurer based on breach of contract; an insurance policy is a contract.)
 


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