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« on: January 21, 2010, 08:54:09 PM »
HEY DUNE,
The insurance Co is only liable to you for the value of the car. In the US, most companies use "Kelly Blue Book" to determine the value of a vehicle( web site is "kbb.com"). If the damage to the vehicle exceeds the value of the car, then your only legal recourse is to sue the driver for the difference. To her Ins Co include ALL custom parts including stereo, speakers, seat covers, rims, tires, chrome engine parts, etc. Also include your physical pain on a scale of 1-10(1 being minimal pain). Without a lawyer, they should offer additional physical damage. Then go to after the driver. These are US rules and suing for value exceeding the KBB + Custom Parts And Equipment value is rough. In every wreck there is a value for physical damage. In the US the ceiling to physical damage is the value listed on HER policy. Often if you threaten to Lawyer-up the physical damage offer will increase. How good a friend is the gal?
She should offer you the excess!