I want the car totaled

[JonSullivan]

I live in Kentucky, and have a 2005 subaru wrx. My wife was in an accident that she was not at fault. The other driver has insurance that will pay. Only problem is that I have been trying to sell the car, and now that it has been in an accident i will never be able to get my asking price out of the car, even if the body shop does quality work. So if I just settle for what it costs to fix the car, then I am out the difference. The total damages on the car amount to about 30% of the cars value. I am told that it is not totaled until that figure is at 70%. I don't want a car that has been wrecked, and it will never be worth as much as it was before. Do I have the right to request that they total the car? If not do i have the right to ask for the difference in the value of the car before and after the wreck?

Thanks for your help

Jon

 

[MandyD]

What you are talking about is diminished value and from I found in my very limited search, KY doesn't "do" diminished value. You won't be able to force them to total your car and all the insurance company has to do is restore the vehicle to it's pre-accident condition, not compensate for diminished value.