• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Insurance not covering cost of damaged vehicle

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

texasdriver

Junior Member
Texas. What options are available to me? I was rear ended at a traffic light by a driver who admitted he needed new brakes and wasn't paying attention. His insurance company wants to "total" my vehicle and pay only $10k for it. My 1990 Porsche 944 S2 Cabriolet has been appraised at around $17k+ by the Porsche Club of America. I recently invested $10k to restore this "collector" car to original condition. I faxed to the adjuster the invoices and PCA appraisal reflecting the value of the car.
The insurance company determined that it would cost $8k to repair the car and decided to total it by paying me the $10k. I would be happy to have them pay the $8k to repair the car AND not "total" the car, which they have refused to do. (If it is "totaled" the collector car value will be destroyed)
If they fail to match the actual value of $17k, what options are available to me? Can I demand that they pay for repairs and NOT "total" the car? Do I file a smalls claims suit for the difference? What are my chances for a successful outcome in small claims? THANKS!
 


racer72

Senior Member
Can I demand that they pay for repairs and NOT "total" the car?
Sure but they don't have to comply. And there is probably very little you can do about it.

Do I file a smalls claims suit for the difference?
Nope. You will have to sue for the full amount of your claimed loss. The court will decide how much you will get and the insurance company will then pay. The insurance company will require you sign a release of interest before you see a penny, this will prevent you from suing for any other losses.

What are my chances for a successful outcome in small claims?
Zero and none. Your losses far exceed the Small Claims limit for Texas.

As the owner of a collector car I must ask you, if you felt the value of your vehicle was so high, why would you not have supplemental coverage to pay the difference? Are you really naive enough to believe any insurance company will pay you what you think your car was worth? Full replacement insurance on my 66 GTO costs less than $400 a year.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top