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Car Accident Property Damage: Actual Cash Value Vs Replacement Cost

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Location: Idaho

My wife was rear ended by an inattentive driver. The other driver was cited at the scene for "Following too closely". The other party's insurance is accepting fault but I think they are low balling me on the property damage value. Kelly Blue Book and other such valuation services all offer a relatively low value to the Year/Make/Model of car that is being declared a total loss.

My problem is that when I go search for comparable vehicles, of which there are very few, they are listed for a much higher price than I am being offered. My understanding is that I am owed the replacement value of my vehicle and that is determined by looking at what is currently available for sale or recently sold listings. The at fault insurance is insisting that their Carfax report is the ultimate authority on what my vehicle was worth.

Am I wrong in thinking that I am owed the replacement cost of the vehicle? Or can the ACV really be determined by Carfax or KBB even though they don't have an actual vehicle to sell?

The settlement offer is more than the Idaho Small Claims limit. So if I want to get more money I would have to file a full lawsuit and so far I can't find any attorneys willing to represent me on the property damage because their only concern is with the personal injury claim.

If anyone is interested my car was a 2014 Dodge Charger SXT in excellent condition with 54,000 miles on it. The most comparable listing I can find is for a car in Iowa but my car had leather seats and a power sunroof as well which this vehicle is lacking.

submitted by /u/WizardOfIF
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