Oklahoma City, OK asked in Insurance Bad Faith and Car Accidents for Oklahoma

Q: My insurance company offered me $25k for totaled car, when my car has NADA clean retail value of $30k. What should I do?

Other driver was at fault. His ins. recommended I file under mine for time's sake and they'd reimburse them.

I did, and got a valuation report for around $25K (Including OK taxes and fees). None of the comps they chose had nav or premium sound like mine. Then they deduct outrageous amounts for mileage, etc and the worst is $1,109 for "Condition Adjustment", which is just an arbitrary number they think the dealer would spend to get the car ready. It is not based on any particulars, just the year and model of my car. (They use CCC One for valuations...they have many lawsuits for low valuations.)

OK Law says "An insurer may elect a cash settlement based upon the actual cost, less any deductible..., to purchase a comparable motor vehicle, including all applicable taxes, license fees and other fees..."

Shouldn't I be made whole, as I was before the accident? I shouldn't be out $5k+ for an accident that is not my fault.

No injury, so lawyers prob wouldn't want to talk to me?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Lawyers give free consultations. If it did that much damage you may have an injury but just want to say "Oh, my shoulder, that 's nothing..." then months later you get a rotator cuff. So contact a member of the OK Trial Lawyers Assn --they give free consults. Look at your policy--do you have more than 25k in coverage? Sounds to me if OK law is what you said, you should get more.

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