Older car in accident

[9791]

What is the name of your state (only U.S. law)? NC. I own an 80's Chevrolet Monte Carlo SS, that was recently damaged in an accident. A relative (who is licensed, on my insurance policy, and can legally operate my vehicle), was driving and saw another vehicle coming towards him in the same lane. This relative pulled my vehicle over to the right side of the road (actually off the side of the road), and almost came to a complete stop when the other driver struck my vehicle in the left front area. This caused damage to the front fascia, left fender, trim pieces, and possible frame damage. The Police were called and a report made, citing the other driver. I took this vehicle to the body shop I use, and they would not do an estimate for the damages, because they feel the car will be totaled. They said I need to contact the other driver's insurance company (Allstate). Allstate looked at my vehicle, and I'm currently waiting for their response. While this agent was inspecting my vehicle, he said it's probably at the threshold for being totaled, due to the available and expense of parts, not counting on any hidden damage (frame, etc.). And it may end up with a salvage title, especially if I want to keep it. He explained they would base the value on something similar to KBB. If the car is totaled, I know that I cannot replace it for "book value". After doing some research on car values (NADA) and to find similar cars for sale locally, there is a good amount of difference between NADA and real world prices (NADA $4000-6000, similar cars for sale $5000-8000). Before this accident, I had a vehicle that was not wrecked, had a clean title, and all factory parts. My question is; do I have any other recourse in this matter, or am I at the mercy of the insurance company and what they will give me?

 

[Zigner]

You will need to find your own evidence of the value of the vehicle. If you feel it's worth more than they offer and want to fight it, then you will need to refuse their offer and sue the other driver. Of course, you'll be taking your chance in court against the insurance company's attorneys.

 

[adjusterjack]

do I have any other recourse in this matter, or am I at the mercy of the insurance company and what they will give me?

Agree with Zigner. If you don't like the offer, you are free to sue the other driver and convince a judge of the value of your car.

Here's a few problems.

1 - NADA is notorious for being unrealistically high in its values.
2 - Asking prices are typically as much as 15% higher than selling prices.
3 - To have any chance of success in court you'll have to pay an expert's fee to get testimony as to the value of your car.
4 - You're small claims limit is $5000 so that's the maximum you can sue for in small claims court. You'd have to waive the rest or sue in regular civil court. For that you will need an attorney and you don't get awarded attorney fees.
5 - If your car was really worth as much as you say it is, you could have bought "agreed value" coverage from any number of insurance companies.
6 - Nobody is ever satisfied with the results of an auto accident claim.