Marion, OH asked in Car Accidents for Pennsylvania

Q: I was in a recent accident.My insurance is paying for my car repairs. I want it totaled out. Repairs estimate at 11,000.

I was not at fault. I want the car totaled. I dont want to.drive the car. There is now an emotional tie linked to it. I thought my insurance co is to make me "whole" again. I owe 23k on the car its worth 15k but I am down 8k as a trade in value now all because I was hit from behind and then pushed into another vehicle. I no longer have trust in this vehicle. My intent was to trade my car in in mid February. Now my trade in value is 8k lower because the accident is on the report. My life was once normal and I was simply paying my car note with an intent to trade. Now in a blink of an eye I was hit and when I go to trade im less 8k and that's left on me? Because I was hit from behind? How is this fair to a person paying their monthly insurance bill and who has never been in an accident. Not to mention me and the at fault driver have the same insurance and my auto loan is through them also.

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1 Lawyer Answer

A: Your insurance co. is only required to do whatever the law requires. It is their option whether to fix it or total it.I assume you took it to the dealer for evaluation. If not, see if they can fix it for what the other person is saying it can be fixed for. More to the point, the more you move the costs past half the value, the less they are likely to want to get stuck with the repairs because if there's something they missed they are on the hook. Same insurance--you want different adjusters. However you may have an injury claim if the damage was that significant, and focus on that--that is where you get some additional compensation.

I totally get what you say about the (un)fairness--treat it like it was hail. You can be frustrated that you have new payments, but getting angry on a longterm basis distracts you from your focus--getting well physically and getting compensated. For that you can and should contact a member of the Pa. Assn for Justice --we give free consultations so that you can know your rights.

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