Expert: webfoot - 3/30/2007

Question
QUESTION: My vehicle was "totaled" by a rear end accident.  The negligent party's insurance company and I have yet to agree on a settlement regarding the vehicle.  I have provided the insurance company with over 50 similiar(local and national due to the availability of a similiar make,year and model) vehicles with names and numbers of both the buyers and the sellers,Also, I have been willing to provide the company with all maintenace records and statements from my mechanic to support my claims but the insurance company says they stand by their offer.  I have agreed to accept their offer if they could provide me with examples of similiar vehicles for sale at that price --but they will not even respond to my request only that they stand by their offer.  I also have an independent certified  auto appraisers-- appraisal.  Do you have any further suggestions??Thanks,
ANSWER: It does sound like you've taken all of the correct steps so far.  Without knowing all of the details regarding this vehicle and each party's position, I am not sure what to suggest.  They must have some pretty strong data themselves to be holding that firm on their offer.  You could try filing suit, but without knowing the dollar amount involved, I can't say if you would need an attorney or not.
A couple of things to keep in mind as that they owe the "actual cash value", not the asking prices.  If they have data showing that this car has been actually selling for a price around what they are offering, then that is a valid price.  There do not have to be vehicles currently for sale as this is not something that they have any way of controlling.  
Also, maintenance does not raise the value of a vehicle.  It is already assumed that a vehicle has been properly maintained or it would not be roadworthy.  Lack of maintenance may lower a value though.
The only repairs that raise a value are things like recent major component replacements such as engines or transmissions.

Good luck!

---------- FOLLOW-UP ----------

QUESTION: Thanks for your reply,  from my research I thought it was the obligation of the insurance company to reimburse me with an amount to replace my vehicle with one similiar make model year condition.(?) As I said I have provided the company with similiar vehicles my vehicle was in excellent condition, fully loaded, 75K miles,. The insurance company initially offered $2,500 and after 4 months went up to $4,500.  The appraiser I hired valued the vehicle at $6,500.
and an expert of 300Z's estimated the car to be worth $7,500.  I tried filing a complaint  with the state but they say they cannot make a judgement and basically were of no assisstance.  Do I need to file a lawsuit?? and if I have to hire an attorney will I be able to sue for attorney fees as well??  

Answer
Frankly, you're are getting into a specialty market issue where the burden of proof is on you.  This is a car that has a cult like following and many people dump a ton of money into them.  Those people and the big Z fans then believe that they are worth big money as well.  $6,500 - $7,500 sounds like crazy money to me for an old Z.  $2,500 was defiantly too low.  Sounds like it's time for a judge to decide.  You'll need to ask the courts in your area about fees and costs.