what legal rights do I have when an insurance company is not giving fair value for a total loss claim?

UPDATED: Oct 1, 2022

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what legal rights do I have when an insurance company is not giving fair value for a total loss claim?

USAA insurance covers the at fault driver of an accident that resulted in a total
loss claim. The value they are offering to pay for my vehicle is 1000 less
than I can purchase the very same vehicle. They devalued my vehicle due to the
interior. My point is that the interior of the vehicle shouldn’t have anything
to do with the value since they will not repair the vehicle. What legal rights
do I have to get a fair settlement from the insurance company?

Asked on February 8, 2019 under Accident Law, Colorado


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

Answered 3 years ago | Contributor

Your only recourse is to reject the settlement offer from the at-fault party's insurance carrier, and sue the at-fault party for negligence. If all you are seeking is an additional one thousand, it is not worth litigating. It is possible that continuing to negotiate may get you part of the one thousand.

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