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Sue the owner for the difference.
Is your car new or used?
In Australia, the insurance company is paying you the "market value" of the vehicle. This is all they have to pay unless you have insured for an "agreed amount".
That's why when you buy a vehicle under finance, they usually make you purchase "gap insurance".
Also, in most cases, when the insurance company pays you out, they demand title to the wreck. You can try to see if they will let you keep it, but don't bank on it.
well in the US you would have to drop your pants, bend over the fender and grit your teeth
In the US insurance companies go by 80% of book value
www.kbb.com
to total it, meaning it cost too much to be fixed and suing the at fault driver for the difference will get you no where.
Who's insurance company is offering the money?
did you have comprehensive coverage? (replacement)
judging from your question stating that it is too expensive to fix, if you take the money the insurance company will own the car.
Fixing even with your own funds wouldn't be an option
I would call them and discuss it. They may have a good reason, however, they should be liable for the value at the time of the accident plus sales and use taxes you paid and will not be reimbursed.
I found them to be a bit cheap (try to get by the cheapest possible) but usually fair.
If it was their fault sue them for the amount you paid.
In the U.S., we could take them to small claims court without an attorney. Attorney fees could quickly eat up part or all of that $3,000!
I can't add much to this but I wanted to let you know I am sorry this happened to you. Whose insurance company are you referring to, the person who did the damage or your own. You must have a deductible, was it in a parking lot and can the parking lot be held liable if you can't find who did it? There is something we call the "blue book value". That is a standard price which every automobile is valued at. Try and find if you have the same kind of thing in Australia. If you do they can't give you less than the blue book value for the car. They can offer but you don't need to take it. I would like to know what the "or else" is. We will give you XXX dollars, or else. Here if you threaten to take it to court, they usually settle up quickly because a court case is much more expensive then a settlement. Hope this helps a little.
Did you purchase gap insurance? If you didn't then you may just lose the money. The insurance company isn't responisible for the amount a consumer pays for a vehicle, they are only responsible for the amount the vehicle is worth.
Take the money and request to keep the car. See if you can shop arround and see if you can get the car fixed with used parts for the amount you recieved.
id call sue and have her attorney friends take care of it
in the usa we say such a vehicle is Totaled. See if you can retain ownership to the vehicle after they give you money for it. Then with that money, see if you can find a auto shop that will fix it for less money. Or you could find a shop that will fix it for less and submit that paperwork to the insurance company to see if they will cover it. The insurance company might go by a directory with fixed amounts for repair. If you can get a separate estimate to get it fixed, you could present that paperwork to the insurance company. it might save them money.
How much was it insured for as they should write it off for the pay out of the insurance policy maybe ring the ombudsman for advice
Hi,
someone crashed the back of my on a traffic light, the guy told my gave my wife the insurance company and he gave her a wrong number, we have his name and car plate number. What can we do?
We called our insurance company and they told us that the company the guy gave was not found or is too general so they tried to find him by calling to some companies and was not found, the name he gave was Arizona insurance Company.
From Geico they told us that they don't have enough information to make any claim.
Thanks
Something else can someone tell me what exactly you do when you are crashed? I'm new in USA.
Thanks
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Comments
Didn't know I could do that! Thanks for the info, roseishere. :D
by Theby on October 17th, 2009