Expert: Richard Hixenbaugh - 9/27/2009

Question
My mother was recently reended by a driver using his cell.  The police report states that the other driver 100% at fault.  The insurance company offered around $1000 and she keep and get it repaired, or $2,000 and total it out and the company keeps the car.  When the accident happened it caused the muffler to go forward and has caused more damage and it would more than likely cost way more that the $1000 they offered and is now leaking oil as a result of the accident.  We recenly had $1800 worth of repairs made to the car, now with the accident, it's wasted money.  If she accepts the $2000 and totals the car out.  Is there any way we can recoup the $1800 we just paid to have a repair on the car, it hasn't even been 2 months since we had this repair.  Will the insurance offer anything, we have all documentaion of the repairs and what we payed, or can/should we sue the driver in small claims court?  I feel we should be able to recoup some of the $1800, but I don't know the laws.
Thank you for your help in this situation.

Answer
H Lloyd,

The insurance comapny may claim that the $1800.00 spent was on "regular maintenance items" that do not add value to the car. However you should argue that they in fact do add value since is was done so recently. The increase in value will not be dollar for dollar but, you should be able to recoupe between $500.00 to $1000.00.

I hope this helps
Richard Hixenbaugh