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My insurance company totaled my car. I live in Michigan I just bought new tires for the car (less than 500 miles before) and had a new battery installed the same day as the accident. My question is: Do they have to compensate me for these brand new items on the car?

When your car has been declared a total loss and you have placed a claim through your collision coverage, your insurance company should settle with you for the actual cash value of the vehicle.

Actual cash value (ACV) is what your car (dents, dings and all) was worth on the open market the moment before the accident. It is not what you owe on the car. It is not what you paid for it or for its parts. An insurance company normally will calculate your car's ACV by using the following methods:

  • The average cost of two or more comparable cars (make, model, year, condition) available in your area within the past 30 days.
  • The average of two or more quotes from local dealers.
  • A pricing service that has information about auto prices in the local market (such as NADA and Kelly Blue Book)

In addition, your insurance company may use a computerized evaluation process to assist them in determining the value of your vehicle. Insurance companies purchase third party computer systems (like CCC) that help them estimate costs in automotive claims and collision repairs. Third party software supplies insurers with software and a database that helps determine the value of a vehicle based upon automating the claims process.

This being said if you have very recently placed new tires and a battery in the vehicle you can try to negotiate with your insurance company for at a depreciated amount of the value of these new parts. If you can show your insurance adjuster the receipts for these items you may be able to argue the value that these items added to the ACV of car.

If you cannot come to an agreement with your insurance carrier regarding the ACV of the vehicle usually your insurance policy will have mediation or arbitration clause that you would then need to follow. 

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Question Details
This car insurance question was asked on 6/11/2007
This auto insurance answer was last updated on 6/15/2007
Denise H requested this car insurance solution.
Rated 0 out of 10 based on 0 votes.
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