Insurance company refuses to total car...

[Tom1]

My gf's car was hit by a Yukon. The whole passenger side is toast. Damage before getting the door opened was $5k. After they got the door open it's $7,200. Car is only worth $9,275. So we're over 75% of the car's ACV here.

The adjuster (for the co. of the guy that hit me. He was 100% at fault.) left me a vm today saying they will not total it and that it will be repaired to pre-accident condition. Sorry, but no matter how good of a job they do it will never be as good as it was before. So I obviously have a fight on my hands here.

Here are some pics of the damage in case you're wondering
http://community.webshots.com/album/538788132qoPTLY

Now what should I tell this clown to get the car totaled? Does anyone know what the laws in PA are for this kind of thing?

 

[shell007]

My gf's car was hit by a Yukon. The whole passenger side is toast. Damage before getting the door opened was $5k. After they got the door open it's $7,200. Car is only worth $9,275. So we're over 75% of the car's ACV here.

The adjuster (for the co. of the guy that hit me. He was 100% at fault.) left me a vm today saying they will not total it and that it will be repaired to pre-accident condition. Sorry, but no matter how good of a job they do it will never be as good as it was before. So I obviously have a fight on my hands here.

Here are some pics of the damage in case you're wondering
http://community.webshots.com/album/538788132qoPTLY

Now what should I tell this clown to get the car totaled? Does anyone know what the laws in PA are for this kind of thing?

The insurance co. does not have to total the car because you want them to. Not all insurance co.'s operate the same. 75% of the ACV damage may not be enough (obviously not) to total the vehicle. Some insurance co.'s damage percentages are higher. Some as high as 85% of the value.

Careful what you wish for! If they do total the vehicle, they will only give you FMV (fair market value for the vehicle). If GF owes more than FMV for the vehicle, and she does not have GAP insurance on the vehicle, she could very easily find herself in the red financially. (ie: if she owes more on the vehicle than the vehicle is worth)

 

[Meatcutter]

shellandty is exactly right.

Your value of what you think the vehicle is worth is probably something from Kelley Blue Book or somewhere like that. Thats not FMV. The insurance company will depreciate your car based on numerous factors then will adjust the value of your car based on your geographic location and market conditions. This amount may be quite a bit less than you think.

Have faith in the repairs. Make sure they are guaranteed and you have some sort of warranty that comes with the repairs.

 

[Tom1]

The insurance co. does not have to total the car because you want them to. Not all insurance co.'s operate the same. 75% of the ACV damage may not be enough (obviously not) to total the vehicle. Some insurance co.'s damage percentages are higher. Some as high as 85% of the value.

Careful what you wish for! If they do total the vehicle, they will only give you FMV (fair market value for the vehicle). If GF owes more than FMV for the vehicle, and she does not have GAP insurance on the vehicle, she could very easily find herself in the red financially. (ie: if she owes more on the vehicle than the vehicle is worth)

She owns the car.

The adjuster has already conceded the value of the car at 9,200 - 9,300. Where do I lose again?

 

[shell007]

She owns the car.

The adjuster has already conceded the value of the car at 9,200 - 9,300. Where do I lose again?

Sorry...what do you mean by "Where do I lose again"?


Have you asked the insurance company at what % of the value they would consider a vehicle to be a total loss? (70%,75%,80%,85%)

Like I said earlier...some insurance co's go as high as 85%. If this is the case...based on your earlier numbers of:

Damage: $7,200.00
Car Value: $9,275.00

Your are falling just under 80% of the value. This is enough for them to deny the vehicle a total loss if their standards for a total loss are 80% or above. The damages would have to be $7,420.00 to reach 80%.

 

[justalayman]

I have not seen anybody post a regulation or law that requires an insurance co to total a car at any point.
I suppose as long as the repairs are anything less than FMV, the vehicle could be repaired for less than the value. So it isn't totaled until that point.

Anything less would be at the ins co discretion.

 

[stephenk]

your girlfriend can always submit the damage claim to her own carrier and find out if they will total the car. Her carrier will then go after the Yukon's carrier for reimbursement.

 

[Tom1]

your girlfriend can always submit the damage claim to her own carrier and find out if they will total the car. Her carrier will then go after the Yukon's carrier for reimbursement.

She only carries liability.

 

[shell007]

She only carries liability.

I am going to assume a lesson has been learned. You don't carry "liability only" when your driving around a vehicle worth $9,000.00+ unless you have enough money to eat the loss.

Consider what the situation would be if the "at fault" driver was uninsured????

Anyway...If your numbers are correct...I think the only thing you can do is argue with the Insurance co. to total the vehicle, but I think you'll be waisting your breath. Unless the damage has met their requirements for "totaling" a vehicle, then they have every right to deny your request to do so.

Good luck!!

 

[Tom1]

I am going to assume a lesson has been learned. You don't carry "liability only" when your driving around a vehicle worth $9,000.00+ unless you have enough money to eat the loss.

Apparently you're not familar with how high insurance rates are + she works retail and goes to college full time. Feel free to send a check to cover the full coverage.

Consider what the situation would be if the "at fault" driver was uninsured????

Don't waste my time with what ifs.

 

[zippysgoddess]

What part are you having trouble understanding here? You cannot force them to total the car if it doesn't meet their requirements for total loss.

You can argue with them if you wish, but all we can do is wish you luck with that. There is no requirement in PA for them to total just because you think they should.