Legal Question in Insurance Law in New York

Payout on a Totaled Vehicle By Insured's Company
I was in an accident the other evening where the other driver was found to be 100% Responsible. My vehicle was a 1989 Ford Taurus with 33,000 Original miles and in showroom condition, and excellent mechanical condition prior to accident. I filed claim against his insurance co and they provided me with rental vehicle. Although not final as of today they said preliminary damages were estimated to be $3,800 and would only give me 2,800 blue book value for the vehicle. I would NEVER be able to get that kind of car in that kind of condition anyplace for that price. I have gotten one estimate and am going to get several others. I have started to seek legal council and he suggested that I do not accept the settlement check for the ''totaled'' vehicle, as I know its a fixable car. He said that he would send them a letter stating that if they did not pay the amount within reason to fix the vehicle that we would take them to small claims court. Why should I have to pay anything out of pocket to replace a perfectly fine vehicle, I am out of luck and running out of answers. Should I proceed with the small claims suit if I cannot get my car fully paid for and repaired?

Asked on 11/29/01, 9:47 pm

Robert R. Groezinger GroezingerLaw P.C.

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Re: Payout on a Totaled Vehicle By Insured's Company

Sue in small claims..but the limit is $3000.00 and that is not much help....If the vehicle is worth more, show the proof to the insurance company.

Good Luck

RRG

Answered on 11/30/01, 2:34 pm

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