What to do when the amount the insurance adjuster offers isn't enough?

A: There are two types of situations that repeatedly come up with property damage claims following a car crash.

1. The expensive car that may cost a lot to repair but still won't really fix this otherwise expensive car and the owner doesn't want a damaged "new" car.
2. Or, the car with a higher loan value than the amount the adjuster claims the car is worth.
In each instance the owner gets a feeling he or she is getting screwed and comes to the lawyer asking about their options.
I'll start off by saying the second guy is more screwed than the one in the first situation, but only the first owner can probably absorb more financially. In the first case scenario the car isn't a complete total and in the second that's the problem, it is.
In the first case the expensive car fixed isn't nearly as nice to drive or to own for that matter after it's been mangled and fixed. But what you need to know is that under Iowa law you're entitled to loss of value. You know if you turn around to sell the car after it's fixed you won't get as much as what you paid for it. That is what loss of use is supposed to compensate. So get a quote from the dealer as to how much it's worth now after it's fixed and demand that amount from the insurance company.
In case situation-two the problem is one of how to pay off the loan if the car is considered a complete loss. That's tricky because you need to figure out a way to fix the car for less. Whatever you do don't sign the title over to the insurance company and while you're stalling the adjuster, get over to the body shop and talk with the body shop owner about how we can do this cheaper. While you're talking turkey with the bodyman demand the full loan amount from the adjuster arguing the car is worth more. Get on Craig's List and pick up one of those car magazines along with checking the car section in the Des Moines Register and Cedar Rapids Gazette looking for a similar car for sale for your higher value.
And good luck to both of you.

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com.
Steve Lombardi, Attorney