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Insurance wants to total my car


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#1 grandmas4

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Posted 17 September 2012 - 08:05 AM

My car was hit while it was parked, by another car and caused damage to the rear left quarter. The other party admitted liability and turned it in to their insurance, which happens to be the same as my insurance. I got 4 estimates on the cost to repair the damages, which run into the $4000.00 range. I was told by my insurance agent that my car would be repaired just put it into a shop, I took it to one of the insurance prefferred shops and an insurance adjuster went to the shop and said he would total the car. I do not want my car totaled so I went and got it from the shop. There is nothing wrong with my car other than the damage caused by the other vehicle. I want my car repaired, as I was told it would be. How can I get the insurance to just repair my car, I don't want to talk with the adjuster anymore all he says is total. Why would they insist on totalling a perfectly a good running car. By the way the shop said it would cost $3500.oo for repairs which was cheaper than the others. My car is a 2000 Honda Civic HX. everything is at a standstill now.

#2 FindLaw_Amir

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Posted 17 September 2012 - 08:32 AM

If a car is too expensive to fix after an accident, an insurance company will declare it "totaled." Does the cost of repairs exceeds the car's value? Have you contacted the insurance company that you would like to keep the car?
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#3 grandmas4

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Posted 17 September 2012 - 08:58 AM

Yes I have told the Insurance that I want to keep the car. I have contacted the Insurance commision complaint board. I do not understand why I was told by 4 representatives of my Insurance and also by one of the other party's that my car would be fixed they all knew what kind of car it is.
Can I sue the other party for the cost of repairs since the Insurance does not want to pay for the repairs?

#4 FindLaw_Amir

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Posted 17 September 2012 - 09:19 AM

You may file a claim against the other driver for the damages caused to your vehicle. It would be your burden to prove that the other driver caused it. For further clarification, you may want to consult with a local Car Accident Lawyer to advise you of your rights.
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#5 pg1067

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Posted 17 September 2012 - 12:14 PM

First of all, depending on a number of variables (e.g., where you live, the car's mileage, its condition, its features, etc.), your car may or may not be worth more than the cost of the repairs. You can visit www.kbb.com to get an idea of what your car was worth at the time of the accident.

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.

#6 adjusterjack

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Posted 27 September 2012 - 11:46 AM

Most insurance companies will allow you to keep your car if you agree to let them keep the salvage value of the car that they are otherwise entitled to.

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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