MY RIGHT TO REPAIRS vs TOTAL LOSS??

[texasbbj]

What is the name of your state? Texas Claim;
Short Version: Car Stolen--Ins.Co offer for actual cash value, (used vehicle)
offer $1,000 less than I owe, so I must pay that to lein holder and will loose
the $2,000 I had paid on vehicle. In process of paperwork, CAR RECOVERED
BY POLICE! Some repairs needed, overall condition still good, and I want repairs NOT the total loss. Insurance company says that they have the option to total or repair, and they want to total and keep the car and send
it off to a auction. I want the car, I will be out a lot of money and no car.
What are my rights to keep the car, get repair's. I have not cashed their
settlement check. They say I don't get a choice, they make it. Please Help!

 

[stephenk]

what does your policy state? If you don't know, ask the claims adjuster to provide you with the pertinent language from the policy.

How much do the repairs total? What is the value of your car?

 

[JETX]

Ins.Co offer for actual cash value, (used vehicle) offer $1,000 less than I owe, so I must pay that to lein holder and will loose the $2,000 I had paid on vehicle.

Yep. The insurance company is only required to pay you FMV (Fair Market Value, what the vehicle was worth immediately prior to the claim). They are not required to pay you what you owe.

In process of paperwork, CAR RECOVERED BY POLICE! Some repairs needed, overall condition still good, and I want repairs NOT the total loss. Insurance company says that they have the option to total or repair, and they want to total and keep the car and send it off to a auction.

Not true.

What are my rights to keep the car, get repair's.

You have NO rights to force them to repair the vehicle. If the vehicle is a total loss as they claim, ask them to provide you with the salvage value. You can then buy the vehicle back from them for that amount.
Of course, the problem with this is that you will now have a salvage title on the vehicle....

 

[stephenk]

What also happens is that the carrier will give you the car plus its value less the salvage amount they would have received. But like Jetx posted, you then have a car with a salvage title. Almost worthless when you decide to someday sell the car.

 

[JETX]

Example:
Lets say they are offering you $4500.00 for your 'as damaged' vehicle. They also tell you the salvage value is $500.00.
You agree and accept $4000 plus retain the vehicle, now with a salvage title.
You can then go out and pay whatever you want to get the vehicle repaired and road-safety checked..... and you are back on the road in a salvaged vehicle.