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I live in Massachusetts. The insurance company totaled my car out and the repair estimate was around 2000. The Blue Book Value of my car is around 2500-2700. I would rather keep my car and have it repaired than get a settlement that I'm still waiting on, but I was told that because it was 100 percent at fault accident, that I have no right to ask to keep the car and get the check for repairs. Is this true? Also if I had previously 4 1/2 years of a pefectly clean driving record will that be taken into consideration on how much my insurance will go up? Thanks

2006-09-01 12:39:24 · 8 answers · asked by larryk 2 in Cars & Transportation Insurance & Registration

No i wasn't drunk it was just a stupid mistake. I was driving down a narrow one way and was fumbling around for cds in the car and I sideswiped the car on the side, goin around 20-25. Visually it was barely noticeable that I even had an accident aside from some paint scrapes which is why i was shocked when it got totaled but they said the alignment was completely off and that some bolt needed to fix it was gonna be 900 alone. Thanks for all the answers. I'm still waiting for the settlement but taking the advice here I'll just go for a new car.

2006-09-03 18:52:46 · update #1

8 answers

If it's totaled, that's it. Usually when a car is a total loss you can sign it over to the company and get your $ or retain it. The only thing with retaining it is that you will not get the same amt of $. You will get less. You can get it fixed if you want, but the insurance company does not consider it repairable, so you don't get the amt it would cost to fix it. Also, you would then need to apply for a salvage title for the vehicle.

Now, I don't have any Massachusetts experience, so there could be differences within the state that do not allow for you to retain the vehicle. This is just general insurance info. However, I have never heard of whether you were at fault making a difference in the total loss settlement.

The fact that you have no prior accidents will not really factor in as much as the fact that you have now had an at fault accident will. If you have a claims free bonus or good driving discount, you may just lose that. Maybe your company has accident forgiveness. You need to ask. However, the moment you have that accident, even if it's been 20 years since you had an accident, you can be surcharged, and your premium can be increased.

Take the total loss settlement, give them the car, and move on.

2006-09-01 15:19:00 · answer #1 · answered by Chris 5 · 0 0

Something about that doesn't sit right!

Who's at fault is not a deciding factor, remember it's your car, only a court order can permanently remove a car from your possession. Even if it's out of the vehicle code, you'd still get your day in court, if you want it. It sounds to me that you've got an insurance agent that's too lazy to do their job. That's who's 100 % at fault.
Normally when they total a vehicle, They give you a settlement, if you want to retain your car, they sell it back to you. (ie: the pay off is $2000, the buy back option is for $500, your total check from them would be $1500 and you keep the car).
This is a decision that you'd make not the insurance agent.

Keep in mind that most states require a lengthly process to reregister a salvaged car (a car considered a total loss by an insurance co). It may not be worth it to keep it.


You hit a parked car that hard, were you drunk?

2006-09-02 03:00:13 · answer #2 · answered by brandiwine72 3 · 0 0

That is a real bazaar answer for an insurance company to give you...
Since you are 100% at fault, you have no right to ask to keep the car & get the check for repairs....

1. Insurance companies seldom go by "blue book" value when going to total out a car. Most companies take all the vehicles similar to yours within a 50 to 100 mile radius & then get an average of what they are selling for... Then based on miles & condition.... they will next add in or subtract some more...

2. Some insurance companies will raise their rates for paid out accidents regardless of your years with the company or driving record...

The only true one who can answer these questions for you is your Insurance Representative. If you don't have a personal insurance rep. then you get whom ever answers that 1-800#

Oh' some companies will total vehicles & give you the option to buy it back from them. However, the title does state that the car has been totaled...even if it being driven & road safe.

Parked Car????

Good Luck!

2006-09-01 20:14:17 · answer #3 · answered by gurlyruby 3 · 0 0

I think you misunderstood. Your car is too close to the 100% total loss threshold to repair. Most states require a vehicle to be 'totaled' if repair cost meet or exceed 70 to 100% of the value of the vehicle. If your state is set at 70%, then it goes to that great parking lot in the sky. You have every right to retain the car and not make a claim. Some states allow you to 'buy' back the salvage from the ins. co., although you will likely have to have it repaired by a licensed rebuilder and then have it inspected by the state THEN have a rebuilt or salvaged title and ID plate attached on the car. NOT WORTH THE TROUBLE.

2006-09-01 22:16:11 · answer #4 · answered by Anonymous · 0 0

I don' t know about MA laws, but it's typically between you and your insurance company as to if you keep the car by asking to buy back the vehicle, if you choose.
Not by some moron who thinks you should be punished further for hitting a parked car.

2006-09-01 20:17:00 · answer #5 · answered by randyrich 5 · 0 0

if you hit the car and it parked,, there telling you right,,its a law just about anywhere you go to,,if the insurance is going to pay for the damages you did to the other car,,id be satisfied with that,,because the other party,,could cause you a lot of trouble,,if you put up any resistance,,id just let them pay for it,,and have the car,,and get me another car,,i been through it once with my ex wife,,good luck,,i hope this help,s.

2006-09-01 19:48:41 · answer #6 · answered by dodge man 7 · 0 0

hard to tell how much insurance will go up, many circumstances determine it

as for keeping the vehicle, you usually can, but some states have regulations that keep you(IL has some regaulations about totalled cycles not being relicensed for 18 mos, for example)

2006-09-04 01:26:05 · answer #7 · answered by Dwight D J 5 · 0 0

the repairs are too close to the book value, its just easier for them to total it out, give ya the money and say here ya go.

your insurance will prolly go up too, especially since the other car was parked...

2006-09-01 19:49:41 · answer #8 · answered by BooYah! 2 · 0 0

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