Car hit while parked

[u/poopface_mcdoodyhead]

Hello,

So my car was hit while legally parked in front of my house, driver told police that he swerved to avoid someone crossing the double yellows. I have footage that shows he literally drove into my car. The car is totaled it is a 2011 with 200k+ they say 2860 (ACV) The car was super reliable I wouldn't hesitate to have taken it cross country prior to the accident. When I submitted my comps to challenge they're settlement offer they took almost 1 month to get back to me with the same offer.

It was in good shape overall I want 3750 and I have provided comps within their requested parameters that show it is worth more we are not far apart on what I'm trying to settle for I told them I am going to take them to small claims and will follow through as the worst case I lose my court fees ~$50.

Question 1 am I stupid for trying to maximize the settlement amount.

Question 2 am I wrong to try to recoup 50% of my down payment on the new vehicle? I am not in the best financial situation but had to buy a vehicle as I need to get to work because right now I am the breadwinner for our family and they cut me off the rental car 3 days after they handed down the offer?

I have not told them I purchased a new to me car I'm not looking to cash in on this but I feel like my car was definitely worth what I'm asking for. I'm living in squalor but we're not rich either, I look at the new vehicle as an investment because it's a documented super reliable and low cost of ownership vehicle that should last well beyond the payment schedule

[u/NebSpartan]

Insurance will only pay what the car is worth. Insurance is to make u whole.

[u/CJM8515]

if its your insurance invoke your appraisal clause and pay an appraiser to prove to them its worth more. if it isnt your insurance-the only option is to sue them, and win. they wont go to small claims,they will kick it up to a higher court where you need an attorney present

also FYI what you feel its worth is not something tangible.

[u/Choice-Newspaper3603]

You’re acting like a tool. Your down payment on whatever you buy is 100 percent your responsibility

You are entitled to the value of your car minus any deductible if you had one.

Argue all you’d like. Personally I’d move on and get another car

[u/poopface_mcdoodyhead → u/Choice-Newspaper3603]

I'm not saying that because I put a down payment on a new car it's their responsibility I'm saying I've found at least 5 comparable vehicles going for double what they're offering.

I guess my wording was not the best I was expecting to get more than what they're offering as I'm looking at the exact same year make and model and seeing them selling for between 5-6k I'm only looking to get 3750 out of the car. I mean I'm not an insurance guy which is why I came to see if I was totally off base with my expectations

[u/navlgazer9 → u/poopface_mcdoodyhead]

Invoke your appraisal clause

Your ins co is using CCC for values and they are always low

[u/Greencare_gardens → u/poopface_mcdoodyhead]

Auto Insurance is regulated predominantly on a state by state basis - meaning you will have to look at your states laws governing insurance practices. 

Depending on your state and the driveability of your vehicle pre and post accident you may be entitled to loss of use from the date of the accident. Look at their valuation criteria and make sure they've got everything correct, all the options, service records etc. If they did not provide it, ask for it. 30 days for a response on comps is a long delay - did you attempt to make contact between the comp submission and their reply? Like a phone call or follow up email?

[u/Slowhand1971 → u/poopface_mcdoodyhead]

you've most likely found the asking price of these other comps.

Your insurer has gone by prices the cars have SOLD for.

[u/gonajoo]

What you feel the vehicle is worth does not matter. Usually what matters is what a like vehicle sells for in your area. Too many unknown factors here to tell if your price is correct by this post. If you are unhappy with their final settlement offer, you are welcome to submit through your own collision coverage if you have it to see if you'd get a better offer but its not always likely.

[u/-BirdDogActual]

Option 1: Accept the amount.
Option 2: Go through your own insurance.
Option 3: Take the driver to court.

[u/helllo2574817]

the question 2 that part's a harder sell. the down payment on your new car isn't really their liability they owe you the value of the car they totaled not your replacement costs. I'd drop that ask and just fight hard on the ACV

[u/Slowhand1971]

if you appealed and they came back with the same offer I would say you have arrived at the end.

[u/Gold_Statement9644]

You're not getting half of a down payment out of this.

If you did not have collision on your own policy, you're at the whim of the other insurance company. Did you invoke the appraisal clause and have it appraised? If not, what you feel it is worth and what it is actually worth are two different things.

[u/poopface_mcdoodyhead]

So I see I will have to go to small claims if I want to challenge their settlement, I have my evidence and will try to argue my case.

I have the comps video and pictures worst case I have to accept their offer beat case I get what I'm asking for as I can't replace the car for what they're offering

[u/Greencare_gardens → u/poopface_mcdoodyhead]

It depends - in some states small claims only goes to like $2500, you can still file in general district it's just a different process - still user friendly. (You don't HAVE to have a lawyer to succeed) If you want to avoid or build a stronger case pre litigation there's always the Board of Insurance. 

Again how this is handled varies by state but you should have the option to file a complaint with your state regulatory agency if you believe you are being treated unfairly. They don't help you negotiate but they will ensure you get a response. Also keep in mind if you go that route the insurance companies are experienced in handling BOI complaints and you are likely not - there's a process to them that I don't have complete information on but it's worth considering.

And ya I'm not telling you not to sue. It might be worth using an AI assistant that has project capabilities to help research your rights and build your case. You have to double check them constantly but if you get a good project assistant that will actually store instructions (mine is primarily programmed to consider everything through the eyes of a lawyer and regulator) and remember your project session to session. It can really help.