What are my rights ? They hit me, insurance Co.wants to give me half of what my car's worth!!!?
A woman totaled my car in a parked in an apt. parking lot. The insurance company is only offered me $3200.00 . Blue book is $5500.00 , Market price in my area is 5300.00. I proved that,and they offered me $3300.00. What can I do?? The Co. is Unitrin Speciality
My car was parked. Her insurance made the offer.
If it is the others insurance company that is making you the $3200. offer. and your car is insured, you may do better going thru your own insurance company. Assuming you have collision coverage, you would pay your company your collision deductible(if any), they will determine a "totaled" value just like the other company and often your company will pay you more than the others company. If your company pays, they will go after the other company and if/when they collect they will return part or all of your deductible to you. Always, Always, use your insurance to deal with these matters. That is what you buy insurance for.
Call a lawyer!
When you "lawyer up" they know they cant talk you down in price anymore.
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Are you saying HER company is offering you this, or YOUR company is offering you this? You're question is not stated very clearly.
Just a thought–there are typos and words missing and the info in your Q is pretty unclearly stated. Make sure that you're not dealing with the insurance company in this haphazard manner, or they WILL try to play you for a fool. You're dealing in legalities with insurance, and if you look like you don't know what you're doing, and you get all worked up and start shouting at them about your rights, they will win. Believe me, THEY know what are your rights.
You don't really say (again, unclear) if your car was parked and unoccupied, or if you were IN the car when it was hit. If unoccupied, then they know you don't have any leverage with an injury claim that you could drag out. If you were IN the car, they would be more willing to work with you, I'm thinking, so they don't make you mad and push you to get a personal injury attorney.
If it's YOUR company, then read your policy and see how it's written. Some stipulate "replacement value," and some "actual cash value," and there are probably other types of policies for collision coverage (which is your coverage for damage to your car).
If it's HER company, then have YOUR company contact her company to handle this for you, if you have collision coverage. They may be able to get things moving to your satisfaction with the other company. These insurance companies work together all the time. They know each other. They speak the same language. If that doesn't work, you can always have your car fixed or totaled through your own collision coverage, and then your company, which is your legal representative, is allowed to recover the cost, including your deductible, which they will then return to you, if they are successful in getting paid.
If it's HER company, and you don't have collision coverage, it would be very helpful to know exactly how they worded their offer. You are dealing with legalities here, and it's best to let your own insurance company handle it for you. If you don't have collision coverage, then the claims office for your carrier probably won't be able to represent you, but your agent should be able to advise you. I have State Farm, and I know my agent would advise me. He's been our family agent since the late 50s! He even once went with me, when I was in my teens, to meet a guy who hit my MG and wanted to pay me cash for the damage. The agent was worried my safety, as my father had passed away the year before and obviously couldn't be there, so the agent went with me to make sure nothing funny happened. We all met at a restaurant. A good agent is a great help in this kind of situation.
Hope that helps.
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If it is the others insurance company that is making you the $3200. offer. and your car is insured, you may do better going thru your own insurance company. Assuming you have collision coverage, you would pay your company your collision deductible(if any), they will determine a "totaled" value just like the other company and often your company will pay you more than the others company. If your company pays, they will go after the other company and if/when they collect they will return part or all of your deductible to you. Always, Always, use your insurance to deal with these matters. That is what you buy insurance for.
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I had that once, I wrote a few letters then I got fed up and phoned them stating that if I didn't get my money I'd go for a lawyer and they immediately sent me a cheque for the full amount.
They are basically trying to wear you out …it's worth their time as 90% of people never even put up a struggle and accept what they are given.
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