After an accident do I get fair market value?

Question: Am I only entitled to the fair market value of my car after a car accident? I was rear-ended and my car was totaled. Am I only entitled to fair market value for my car ($1300) even though I cannot replace the car for that amount?

Answer: Yes; you're entitled to the value of the car at fair market value or what it would have sold for in an arm's length transaction if sold just prior to the accident. Of course the insuarance adjuster won't tell you this because his or her job is to save the company money; not to treat you fairly. Think I'm wrong? Okay find me one instance in the entire history of insurance where the adjuster said, "No I can't pay you that much. You're entitled to be paid more." 

I rest my case. 

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