Expert: Ron Cercone - 7/16/2009

Question
My nephew's Lexus 2005 (NY State) was hit by a driver who missed a STOP sign. The car has been deemed to be a 'constructive total loss' by the Insurance Company. OK, Accepted. However, now they should replace the car with an equal car with approximately similar miles and condition! No, they don't do that! My own Insurance Company low-balled by 30% (THIRTY PERCENT!!) and wanted me to accept the settlement. I went to the Third Party Insurance, and they gave me a number *slightly* better, I'd say, still 28% lower than what I'd have to pay for a like-for-like replacement!! While they have accepted 100% responsibility (Police Report etc.), they are giving a only a figure that is almost 28% less than what I'll have to pay to replace the car.  I have tried to reason with the Insurance Company by showing Internet-Advertized (compatible quality) cars in the local area, but Insurance Company does not agree.  Any recourse?

Answer
Hello Prateek,

I would guess that both insurers used CCC or ADP to value your vehicle. Getting angry will not get you anywhere with them. You have to outsmart them. I suggest get one or both of the eBooks on total loss automobile claims at UClaim.com. They are guaranteed and currently on sale.