Legal Question in Insurance Law in New York

Don't want to accept insurance company's determination. How can we sue?

We were rearended the other night. We are insured by USAA with a $1000 deductible on collision, and the woman is insured by State Farm. We can drive the car, but the back is all smashed in, pretty ugly, and we can't close the trunk, have to tie it down.

Anyway, today we took it to State Farm's authorized estimator and they declared our car totaled. They said they would pay us the value of the car if and when we send them the title and that's it. We do not even have the option of taking the money and using it toward a partial repair. To me, this is totally wrong. We love this car, it's in great mechanical condition. And even if they were to give us the book value of the car, which is $2750, there is no way in hell that we can get a car as good as ours is for the same price.

SO, what are our options? Should we contact our insurance company and ask them to sue? Would they? Or should we go to small claims court with a claim against State Farm AND the driver, to pay for repairs (assuming we go get an estimate for the repairs that is under the book value of the car, which I know we can do, because the car is still driveable, so we can get partial repairs.)

Any advice is greatly appreciated.


Asked on 9/25/02, 6:52 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Don't want to accept insurance company's determination. How can we sue?

If the car is a total loss the carrier need only pay the blue book value no matter how much you love the car. If it is not a total losss and you can get 2 estimates of repair for less than the book value then go for it. However, once a car is badly damaged it is never the same no matter the repair.

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Answered on 9/25/02, 7:40 pm


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