when my car was hit and the adjuster came to my house we started talking for 45 min about how it works and cars etc. i remember him telling me if the damage to my car was my fault then my insurance is responsible for the fmv. now if someone else damages my car, their insurance is liable to restoring my car to the exact condition that it was in when it was damaged, meaning if i have a yugo with a 20k paint job, then the other party's insurance is liable for a yugo with a 20k paint job. the adjuster even gave me that example, except he used a 10k paint job. is this not really true? or does it vary from state to state.