I am concerned about the structural damage to my brand new car after someone rear ended it. The cost to repair will be about $10 000 but would prefer the car be replaced as worried about safety with chassis having been bent.The car is only 2 1/2 months old. Do I have a case?
2007-01-14 00:36:22 · 8 answers · asked by sarandjas 2 in Cars & Transportation ➔ Insurance & Registration
No, the decision is not up to you. Generally an insurance company will only total a car if the repairs exceed about 80% of book value. If the repair cost is very close to that percentage you might be able to persuade the insurance company to write it off but if your car books out at $20k and the repairs are $10k that's not going to happen.
Since it appears that another person is responsible for the damage, you might want to push for a "diminution of value" claim to offset the loss in value of the car due to major accident damage.
If the car can't be repaired to meet safety standards then it would be totaled but modern collision repair techniques make that unlikely.
Don't waste time and money on an attorney on this one. Insurance companies have armies of lawyers on staff and aren't the least bit concerned about a local ambulance-chaser. Any decent attorney will tell you that as well.
2007-01-14 04:08:31 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 0⤋
A bent frame is not sufficent cause to write a car off. Frame shops do a really good job. The bottom line is the dollar amount of damage, and the decision lies with the insurance company. If there is a real problem with safe repairs, a reputable body shop will find it. If they total your car, by the way, they do not replace it, they give you a cheque for the value of your USED car, unless you have purchased a new-car-protection type of plan.
2007-01-14 17:44:02 · answer #2 · answered by Fred C 7 · 0⤊ 0⤋
You cannot request a car be totalled. A total loss is 1-structural damage that does not allow the car to be fixed. 2-the cost to repair exceeds to actual cash value of the vehicle.
Because the car is so new, chances are it is worth more than $10K. It is possible that there is a structural damage to the car that will not allow it to be fixed, but honestly, $10K for a new car is not too high, especially because most of the replacement parts will be new and therefore more expensive.
If the car is really totalled due to structural damage, the body shop will tell you (as it is illegal for them to not tell you if the car is structurally unsafe).
A company will not total a car just because you ask. Not only that, but if the car is totalled, they will not replace it for you, they will only give you the money for it. The title would be branded (saying Total Loss) and good luck trying to sell it that way.
2007-01-14 09:08:18 · answer #3 · answered by jerry 5 · 4⤊ 0⤋
No, if your car is repairable and is cheaper to do so.. there is no way your vehicle will be declared a total (lawyer or not- insurance IS NOT scared of lawyers and it will cost u a fortune if you can even find one.)
They are not going to put you in a vehicle that is unsafe to drive (could you imagine the lawsuits?!) And nowadays most frame damage is perfectly ok to repair
2007-01-14 11:16:41 · answer #4 · answered by la428282 6 · 1⤊ 0⤋
All the other answers were correct, but Dr. DeLight does have a good point. Getting an attorney may make the insurance company declare the car totaled. For your lawyer to succeed, you or the lawyer will need an independent mechanic or body man to look at the car. Insurance companies existed to make money not to help the insured. Your job is to convince them it's cheaper to total the car in the long run than to fix it.
2007-01-14 10:50:43 · answer #5 · answered by David M 7 · 0⤊ 2⤋
If the Frame of the vehicle has been compromised then I think you should turn it over to a lawyer if the adjuster gives you any problems.
2007-01-14 08:50:53 · answer #6 · answered by Anonymous · 0⤊ 3⤋
You have NO power to make the decision. The insurance adjuster has the power.
2007-01-14 08:42:12 · answer #7 · answered by Anonymous · 3⤊ 1⤋
No, you don't get to choose.
2007-01-14 09:47:22 · answer #8 · answered by Chris 5 · 2⤊ 0⤋