Don't want my car totalled!

[nancie]

What is the name of your state? What is the name of your state? California

I am the original owner of a 1987 Cadillac Eldorado in excellent condition with an ACV of $2,450.

In a parking lot a pickup truck with a trailer hitch backed into the passenger door and tore a 6" hole. The front and back quarter panals were not damaged. Both vehicles are insured and the other parties insurance company has assumed responsibility.

The repair estimate on my car is $1,850 ($350 parts and $1,500 labor). The insurance company says rather than fixing the car they are going to total it and send me $2,450. What are the consequences of them taking this action? Will I have to sign the title over to them? I love my car and want to keep it. Should I say thanks but no thanks and fix it myself? I do want the damages fixed but I also want to keep my car.

 

[racer72]

Cancel your claim and fix the car yourself. You will not be able to hold the other party liable for any damages.

 

[stephenk]

tell them you only want the cost of repair not the value of the car. they will send you the repair amount and you get to keep your car.

 

[spawn_x]

if they want to deem the car as totalled they would give her the blue book amount and she would have the option of buying back the vehicle at what, 10% of the cost?

 

[pauls]

contact the State of Califonia - Dept. of Insurance -

"contact the State of Califonia,Dept. of Insurance"
===================================
I'm having the same problem- California laws
require that the used car value can be "actual cash value",
that means the price of similar cars in the Newspaper or
used car lots. -- NOT Blue Book......

"Totalling out" means they will pay your ACV value less a salvage value, if you choose to keep your damaged car -- You DO NOT have to turn the car over to the Insurance company offering the settlement, you can keep the car -- but they will attempt to offsett the salvage value of the car against your ACV claim check.

EVERYTHING is NEGOTIABLE,you can even ask for more than what they are offering if you are "hard-nosed" enough about it, be difficult and threaten SMALL claims court, the Insurance company will avoid that as much as they can

ALSO, the values in the newspapers can vary, make sure
you get the newspapers at the time of the accident..go to the Public Library Microfische section, use the highest values you can find, VALUES are subjective,you can ask for what you can prove and ask for any additional equipment you have attached on your car.

Do EVERYTHING in writing with the Insurance company, that way if they are "Dealing in Bad Faith", you are documented for the Dept. of Insurance or Court.

GOOD LUCK.

 

[Marco]

I had a similar case with an insurance company and I was able to keep the car and got the money for the repair too. Tell the insurance company that your car has a sentimental value to you. As the sentimental value will be much higher as the Blue Book value, the insurance company will most likely pay you for the repair.
Just negotiate with them friendly and they will butch. Good luck!