Q: My parked car was hit by a person who was insured but has a suspended license. Their insurance co has totaled my car
and only giving us about 50 percent what we paid last year for it. Can we demand our car to be fixed? It is about 1000 more than what they are offering as settlement? Can we ask for more money for settlement? Can we sue the driver who was driving with a suspended license--even though I am sure that will result in nothing.
A: In Pennsylvania they only have to give you the book value or the cost of repair--their call. You can buy it back from them but then the repairs in excess of total loss are on you, if it doesn't track right etc, your problem. If you paid more last year you can argue that fixed the value, but for starters ask them for the "valuation sheet" which shows how they got to their figure. If it is the book value (NADA guide & /or McClean Hunter Mkt Report, or CCC computer valuation) they will stick by it. Suing the driver gets you no more.
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