I am in the same situation you are in. I was hit from behind and am going through the process right now. I went through my insurance company to get it done faster and I regret it now, because the other party is only accepting 60% of the damage. If I were you, I would go through the other party's insurance. You will need a lot of patience. Good luck and I'm glad you two are okay.

 

suggestion only: get a lawyer. he will get you compensated for your S, your injuries, etc. he may take 30% from the personal injury claim but you could keep the rest. its gonna be hard to fight insurances. let lawyers do their jobs.

 

so you regret not goin through the OTHER insurance carrier to accept 60% compenesation for your damages instead of YOUR insurance carrier who takes care of everything except the deductible

 

On a side note, if your car is considered totaled, find out what they offer as a buy-back price. That is, if you have the room to keep the carcass. There are quite a bit of good parts on it, especially since it was rear ended. That's a perfectly good low mileage 06 engine in there that could sell for a decent amount.

 

This is just a guess and is based on the Honda lease program that was going for $300mo/36mo. This should be close to the actual depreciation of an '06 or any other MY with the same deal.
Subtract $300 per month from Jan06 which equal 9mo's or a total of $2700.
If your insurance company uses MSRP of $34,500 and subtracts the $2700 due to depreciation, the fair pay to you would be $31,800.
I realise this is not exact and does not take into consideration any down payment that may have been used at the time of the lease and I'm just trying to come close.
If your insurance offers $31,000 or more for replacement value, take it. You can buy new for this price if you look around a little.
.

 

Well I don't know if they accepted only 60% of the damage because I was not going to put up a fight with them, or because 60% is actually reasonable. I'll never know.

 

You were hit from behind(typically 100% NOT your fault) and you are willing to take 60%? I hope there are extenuating circumstances that make you think you are liable for 40% of the cost... Were you somehow partially to blame in the accident?

If you request it- your insurance should sue the other company for 100% of the cost.

 

Just curious.. if repair cost < bluebook $, we still able to claim as total lost?

 

Your numbers won't work since the 300/mth lease also had a 3900 up front payment(2500 cap cost reduction along with acq fee/sec deposit and first months payment) The extra $2500 off would get him down to $29,300.

He should not have to pay anything to get back to where he was before the wreck- a 2006 S2000 with 6,000 miles or less.

 

THis really doesn't sound like full coverage to me. You were rear ended and your Insurance Co. is not taking care of you? If I were in the same situation, I'd turn over all documented evidence then sit back. My only concern would be adequate compensation and how soon I got my check .