If you have been in a Maryland car or truck accident, you may have run into an entrenched attitude on the part of the at-fault driver's liability insurer. " Here's what we will pay you, take it or leave it."

One can understand why multi-billion dollar corporations with thousands of claims to pay might find it effective to draw thrifty lines in the sand but the reality is that at least in Maryland property damage claims, like personal injury claims, are not subject to absolute determinations by insurance companies.

The measure of damages for a total loss is to replace a vehicle with a comparably equipped one with the same mileage and in the same condition. There can be disputes about condition but generally there are enough used vehicles in the market to indentify a comparable. Of course the advantage of the marketplace is that the seller prices their vehicle and that assigns a benchmark for the crash victim and the at-fault driver's insurer.

The reality of what actually replacing a vehicle with it's automotive doppelganger costs, often differs substantially from what the insurer offers. Unless the insurer can locate a purchasable twin for their offer, the marketplace dictates a higher payment.

As a consequence many insurers subscribe to internet based services such as CCC that identifies available vehicles within a certain radius of the carsh victim's home. CCC will often list multiple versions of a specific car or trucks with differing equipment, mileage and conditions.

It always pays to haggle for the top end and be ready to explain why your crash damaged vehicle belongs there. Recent new tires, equpiment or repairs can put you in the higher end of CCC value.

It's trickier with vehciles that are repairable. Obviously the cost of repair is the base-line but is a fully repaired vehicle worth the same as one that has never been in a crash? Probably not.

Increased value can be found in getting genuine factory replacement parts or OEM parts. Many insurers will fight this in vehicles that are more than several years old but lets be real, your Toyota is made of genuine Toyota parts and that doesn't change because some negligent driver ran a stop sign and hit you.

The bottom-line don't roll over on the first insurance company offer. Examine what you are entitled to and maybe get a lawyer? What is the harm?

Robert V. Clark
Maryland Car Accident and Personal Injury Lawyer
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