Repair vs total loss

[isis297]

What is the name of your state? NY

One of my sons ended up at the hospital this past weekend having emergency surgery. He was discharged the next day and as I was pulling up to the entrance to get him, the truck at the stop sign in front of me decided to backup because he saw a parking space he wanted. He backed into the front left of my car and crushed it basically.

The police were called and took a report as well as the hospital. The officer said it was completely the other driver's fault. I called the insurance company as soon as I got home and they accepted responsibility. The next day I took the car where they told me to and picked up a rental. Now I've been told that the repairs exceeded the threshold and set off a flag. I am a wreck because the car is paid off and I can't afford a car payment right now. In the past six weeks my family has had two hospitalizations, a death in the family, and numerous doctor's appointments and tests as a result of one of the hospitalizations. On top of that my hours at work were completely cut in half.

A friend told me that her aunt was able to demand the insurance company fix her car but according to the insurance company I'm dealing with they said that it is a New York state criteria that they can't control. Is that true? Do I have any rights to demand that they fix the car?

 

[Zigner]

What is the name of your state? NY

One of my sons ended up at the hospital this past weekend having emergency surgery. He was discharged the next day and as I was pulling up to the entrance to get him, the truck at the stop sign in front of me decided to backup because he saw a parking space he wanted. He backed into the front left of my car and crushed it basically.

The police were called and took a report as well as the hospital. The officer said it was completely the other driver's fault. I called the insurance company as soon as I got home and they accepted responsibility. The next day I took the car where they told me to and picked up a rental. Now I've been told that the repairs exceeded the threshold and set off a flag. I am a wreck because the car is paid off and I can't afford a car payment right now. In the past six weeks my family has had two hospitalizations, a death in the family, and numerous doctor's appointments and tests as a result of one of the hospitalizations. On top of that my hours at work were completely cut in half.

A friend told me that her aunt was able to demand the insurance company fix her car but according to the insurance company I'm dealing with they said that it is a New York state criteria that they can't control. Is that true? Do I have any rights to demand that they fix the car?

If you feel the car is repairable, you can offer to "buy back" the car. In essence, you would get a smaller payout and you would get the (branded) title to the car. Then, you can have the car repaired.

 

[adjusterjack]

The NY threshold is 75% of the Fair Market Value of the car.

Another alternative is to take the insurance company's estimates of the repair cost and the FMV and find a repair shop that will repair the car for less than the 75%, perhaps by using used parts and cheaper paint. Submit that repair cost and see how it goes. If the insurance company won't go for it, your option is to get the car fixed as best you can, pay the bill, then sue the other driver for reimbursement.