ANSWERS: 14
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Is your car new or used?
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Sue the owner for the difference.
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If it was their fault sue them for the amount you paid.
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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.
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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
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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.
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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!
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It doesn't really matter what you PAID ; but the actual value of the car ... You need to go to a bank / Finance Company and have them give you a letter stating what the actual value of your vehicle was when it was crashed .... The insurance company would have to honor that ... +5
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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.
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id call sue and have her attorney friends take care of it
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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.
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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.
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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.
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GET AN ATTORNEY AND SUE THEIR INSURANCE COMPANY FOR A NEW CAR, PLUS ATTORNEY FEES AND COURT COSTS.
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