Insurance wants to total my car
Posted 17 September 2012 - 08:05 AM
Posted 17 September 2012 - 08:32 AM
Posted 17 September 2012 - 08:58 AM
Can I sue the other party for the cost of repairs since the Insurance does not want to pay for the repairs?
Posted 17 September 2012 - 09:19 AM
Posted 17 September 2012 - 12:14 PM
With that in mind, when your car is damaged as a result of someone else's negligence, you are entitled to the lesser of: (1) the cost of repair; or (2) the car's fair market value at the time of the accident.
That someone may have told you that your car would be fixed makes no difference at all (you're obviously entitled to be annoyed that you were told one thing and are now being told something different, but whatever). Simply knowing what kind of car it is doesn't give the insurer enough information to make an accurate determination. You certainly are free to keep your car either way, but the insurance company is only obligated to pay the lesser of the two amounts mentioned above, and you will have to pay any difference between that amount and the cost of repair. You should ask the adjuster how much he/she believes the car is worth and for an explanation as to how that number was calculated. If you believe the car is worth more than that amount, it will be incumbent on you to convince the insurer that you are correct.
Posted 27 September 2012 - 11:46 AM
Example: If the total loss value is $4000 and they pay you $4000 they get the car and sell it for salvage which could be 10% or 15% of the value of the car.
If you are willing to take 10% to 15% less than the total value, tell that to the claim rep and you'll be able to keep your car.
If the repairs end up costing more than your settlement you get to pay the difference.
Suing isn't going to change anything. The car's worth what the car is worth.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
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