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Rear ended in California

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sweethert68

Junior Member
What is the name of your state? CA

I was rear ended in November, the lady who hit me was really nice and called her insurance and admitted fault. I took my car to a body shop and had an estimate done.

Two weeks later her adjuster contacted me and said her insured took full responsibility and would like to take care of my damages. I let her know that I had gotten an estimate and asked if I would need to get another... she assured me that I did not need another estimate, that no matter what the damage they were going to take care of it. The adjuster contacted the body shop and had the estimate sent to her for approval. At that time she also notified me that they would cover my rental car, that she had already gone ahead and set the rental car up for me. I was told that I could go and pick up the rental care that day and that the body shop would contact me when they were ready to begin repairs on my car.

Three days later the body shop called and said they were ready for my car and to bring it in.

Two days after I dropped my car off at the body shop, as instructed, I was contacted by another person from the same insurance company... She left a message that they needed my authorization to transport my car to a no charge storage facility since they had totalled it....

I was in shock.... I immediatly returned the rental car... and asked for something in writting that stated I would not be charged in any way.... The guy said that he could not do that and that I would most likely be charged....

NO. 1 - I do not want them to total my car... I want the car fixed... it is all I have... It is a 1994 Lexus ES 300... purchased from my brother who took excellent care of it... they want to give me $3,600 for my car....

What should I do.... isn't there some sort of law against an adjuster misleading some one?

I am debating taking the lady to small claims court just to get MY car repaired...

HELP
 


ecmst12

Senior Member
How much is the damage? $3600 for an almost 14 year old car is pretty good as these things go. They are still liable for your rental costs, they will usually pay for that for 3-5 days after the total loss is settled. But they are only responsible for the repair cost OR the value of the car, whichever is less.
 

sweethert68

Junior Member
Can I take the lady that hit me to small claims then and sue her for the repair costs??

I really don't want to have to find a new car... and it is going to be hard to find something for $3,600....

What if I pay to get the damages fixed myself.... will her insurance still give me something?? Because I would like to keep my car... but I don't want to have the salvage title..
 

ecmst12

Senior Member
You can't keep the car without a salvage title. You are not owed more then the value of the car, period. Use the 3600 as a down payment or to buy an inexpensive car.
 

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