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The car insurance company is ripping me off. What are my legal options?

I was in an accident that was not my fault. The other guy's insurance is saying my car is totaled and I disagree. What are my LEGAL options? Who do I sue, the insurance company or the guy who hit me?

Public Comments

1. I'm surprised you don't want the car to be declared a total. Usually you get more money back on a total wreck. What is the year, make and model? Also, if you really want a repair you can have your insurance company litigate up to a point or hire a lawyer. I don't know if this is an antique car or a car you want to keep.
2. Option 1: go to your own insurance carrier and see if they have a different opinion about the cost to repair and the value of your vehicle. Option 2: see if you can get at least two collision repairers to write an estimate low enough to repair vs total your car (warning: if you choose option 2 you will likely not get enough money to repair the car properly) Option 3: locate and list every car for sale in a 50 mile radius that is as much like yours as possible, including mileage, options and condition and establish a mean average of the value -- then compare that to what the insurer is stating is the market value of your car. Option 4: withdraw your claim and pay for the repairs yourself. Bottom line: you can sue everyone in sight but it won't get you a thin dime if the insurer is offering you a fair settlement. Trust me , they don't WANT your dumb car. State law dictates that once repair costs reach or exceed the value or a percentage of the value of a vehicle it MUST be declared a total loss. No insurance company in the world is going to break the law just to close your claim. One more warning -- the insurance company has an ARMY of lawyers and they are not afraid you you or your lawyer whoever he/she/it may be. Save yourself a lot of grief and money and try working with the adjuster vs against him/her.
3. You should contact your own insurance company and see what they say about the matter. You may be better off using your own insurance as opposed to using the others guys insurance. The "totaling" is not all bad though. Call your own insurance co. ASAP !