Legal Question in Insurance Law in Pennsylvania

Re: Auto Insurance

Presumably Allstate is offering you the average retail book value. Get a copy of the written appraisal that shows the value of your car (By the way,$700 seems like a lot for a tune-up).

In any case you need to prove that your car was in better shape than average & thus worth more. Submit your receipts & perhaps a statement from your mechanic or a used car dealer or the dealer from whom you intend to purchase a new car (they want to make the sale, don't they) that he's familiar with the value of cars in general, including your model, & your car was worth $????. It's hard to get Allstate to reconsider because it usually relies on a 3d party vendor to value the cars, so you'll need to convince the vendor & Allstate. If all else fails you can file a lawsuit in small claims court but you'll basically need the same documents that I suggested above. Good luck!!

Re: Auto Insurance

You can start playing hardball with them, and you can try to get your own insurance company in the act. The risks are, as you said, that you could be stuck with the storage fees, but you're entitled to tell her insurance company that you believe such storage fees would be their responsibility if you had to file suit against them. (And, indeed, a Court could award you those fees as part of your damages).

The real question is how well you can prove the car was worth $8,000. If $7,000 is the blue book value but you believe that your tune up and new brakes push it over that amount, then write a detailed letter to them describing how you think the value is actually $8000. Use concrete numbers in your estimation: insurance companies generally ignore your estimate of the value, but they recognize real numbers that you can easily prove in court.

If they don't take it, since the incident was in Philadelphia, you likely can bring suit in Philadelphia small claims court, which caps at $10,000. It's a simple, inexpensive filing process there and you may be able to represent yourself.

Of course, it is always recommended you consult with an attorney prior to anything affecting your legal rights. There are a number of auto accident / insurance attorneys out there; your insurance company and/or insurance agent may be able to refer you to some They should help you in your negotiation. Make sure you show them your reasons for your valuation.