How can I get a fair replacement cost by the auto insurance company when my car is totaled?


Question:
my car is being paid off by the other person's insurance company, not mine.

Answer:
The insurance co is under no obligation to pay more than fair market value -- NOT replacement cost. Only GAP coverage will make up the difference. Remember, you lost 20% the second you signed the dotted line if you purchased a new car; why would you expect an insurance co to cover that?
If your vehicle is still driveable or can be repaired, tell your insurance company that you want the payment minus the salvage value, this way the insurance company has to let you keep your vehicle. Salvage is typically only a couple hundred dollars.
I used to work in the ADMIN of insurance so this is not a professional opinion, but I did notice that the ppl who argued (sensibly) for what they wanted - usually got their offers adjusted to a slightly higher price. So speak up for yourself. All they can do is say no.
The best thing you can do at this point is get a Lawyer. They may be able to help you get more money.
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