Expert: Ron Cercone - 2/16/2010

Question
My 94 Dodge truck was hit from behind and the insurance company  the vehicle that hit me totaled my truck. They told me that because for the high mileage on my truck it was only worth a little over $1000.00. They gave three trucks with in a 50 mile radios of my location that supposedly represented fair market value for my truck. They deducted between $$630 and $1570 from the value of each to adjust for them mileage difference plus an additional $260 as a baseline adjustment even though only one of the trucks was the same make and model as mine. I have spent 2 days on line trying to find a replacement truck but could not find one in my area. The examples they used were all sold last year. I did find one truck about 300 miles away that had 30,000 more miles on it then my vehicle for about $2500. I also found one about 500 miles away with 100,000 miles less for about $5000. My question is, do I have to accept their value of my truck, or am I entitled to the cost I will actually need to replace it? I can not get any descent truck for $1000 and they know it. Except for a small crunch on the front driver's side fender, my truck was well maintained and perfectly sound mechanically. I was the victim in this accident by their own admission, and just want enough money to replace my truck. What are my right under Arizona law. It will take at least $2500 to replace it given I can't find any closer than 300 miles away. Does it matter that there are no trucks like mine in my area?

Answer
Dale,

You may have to take them to small claims court. It is unreasonable and possibly illegal in Arizona for them to use comp vehicles that already sold and that you are unable to inspect. 99% of the time their comp vehicles are not as described anyway. Go to UClaim.com and get the eBook Total Loss Auto for Claimants. It has a money back guarantee and information guarantee and includes consultation. It will give you ways to increase the settlement without going to court.