Legal Question in Insurance Law in West Virginia

auto insurance claim in wv, claimaint lives in ohio

the insured person lives in ohio found guilty through a police report by hitting my truck. his insurance company will not pay for damages on a 1988 well taken care of vehicle. they want to claim it a loss and only give the blue book on the vehicle. it is operable and always has been. there is no reason as to why they should not pay to have it fixed. they have declined and want to buy it at a total loss, this is just not feasble. what would you recommend?


Asked on 10/02/07, 2:19 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: auto insurance claim in wv, claimaint lives in ohio

The law of the state of the accident applies, that is West Virginia. You are entitled to the difference in value as measured just before the accident as compared to the value immediately following the accident. They cannot force you to give up your car. You are entitled to sue for the cash value difference and fix the car as you see fit.

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Answered on 10/03/07, 9:26 am


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