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rtheeagle

total loss

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if my truck sustained frame damage , "2006 Nissan frontier " can i refuse to accept it and ask they just pay me market value. i am a mechanic and auto body person .i feel on the tube style frames because they have crumple zones that you cant ever really get it back to factory specs . i hit a center divide at 65 straight on spun around and hit again at around 60 backwards . this happened in ca . thank you,

delayed in ca

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You can ask for whatever you want but if the cost of repair is less than the value of the truck, insurance will tell you that you either get it repaired or take the money it would cost to be repaired. There's a duty to mitigate damages so you only get the lesser of the two amounts.

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In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

rtheeagle said...

can i refuse to accept it

Can you? I'm sure you can, but it's not clear what "it" is.

rtheeagle said...

and ask they just pay me market value.

You obviously can ask for anything you like. Note that it's not clear who "they" are.

If you want to clarify the situation you're dealing with, I may be able to provide some additional comments.

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Thank you for your help . what i am trying to say is that when a car has a major collision it has crumple zones though out the body and frame .this helps absorb the impact . if the frame of my truck was damaged and bent since it is the newer style frame with crumple zones replacing it would be the only correct way to make the repair . right ?

any auto i have seen with frame damage is not really ever the same . they do not handle right , sometimes tracking sideways ect.

thank you ,

total loss

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rtheeagle said...

if the frame of my truck was damaged and bent since it is the newer style frame with crumple zones replacing it would be the only correct way to make the repair . right ?

Beats me.

You didn't clarify the ambiguities noted in my prior response, so I can't offer you anything further until and unless you do so.

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" They " --- my insurance co.

" do i have to accept " - my insurance sent me a settlement check . we had already reached an agreement that the truck was going to be totaled . my claims representative said when they came and picked up the truck he would issue me a check .instead i received a check in the mail to have it repaired . what are my options ?

thank you ,

rtheeagle

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If this check is coming from your insurer, it must be as a result of a claim against either your collision coverage or uninsured/underinsured motorist coverage (or possibly both). Under either type of coverage, you're entitled to the lesser of the cost of repair or the vehicle's fair market value at the time of the accident.

If you don't believe your insurer's offer is appropriate, you can make a claim with the state department of insurance (www.insurance.ca.gov) or sue your insurer or initiate an arbitration under the terms of your policy.

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