Total loss for minor damage?

[BetsyB]

We live in California. My daughter was side-swipped by a truck and the other driver admitted it was his fault. His company's insurance is offering my daughter a check to settle. Estimate to repair for cosmetic damage was $1800.00 Her car is worth about $900.00 so the insurance company has ruled it a Total Loss and sent her about $800.00 because she wants to keep the car. Since it is labeled a TOTAL LOSS she'll have expenses and nuisance of having it inspected, re-smogged, etc., and then it will have a SALVAGE certificate even though the damage is superficial. She hasn't signed anything or cashed the check. Do we have to accept the designation "Total Loss"? We haven't involved our own insurance company since she doesn't have collision coverage.

 

[lawrat]

http://www.insurance.ca.gov/docs/FS-Legal.htm

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.