Indianapolis, IN asked in Insurance Bad Faith, Insurance Defense, Products Liability and Car Accidents for Indiana

Q: My insurance company wants to total my car, i was not at fault. Can i ignore this and pursue at fault party insurance?

I was at work when our job security ran into my parked vehical, it all on surveillance. We went through the usual insurance swap, police report, inform my insurance of the accident. I was unable to reach anyone in the at fault party insurance, so my insurance offered to reach out to get info and agreed just in case they're not covered send photos of damages so i can start the process of uninsured motorist claim and i would just be covered. Ive heard nothing for two days then i received in mail the at fault party insurance requesting photos to start the claims process so they pay for damages. I informed my insurance and he closed my claim case. Later in the day my insurance company calls and tells me that they are going to total my car. I told the lady theres no need cause i have an open claim with at fault driver who should pay the damages instead. What are my options? Just in case, is it possible for the at fault insurance to total my car instead of fixing it if i go through them?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Either insurance can pay for the cost of fixing the car or the total loss value, it's their option. If you think it can be fixed you can buy it back for the salvage value, but then youget a "junk title" --and if you find out because of alignment or other problems it's not really a fixer, it's on you.

If you were out of the car it's all about the damage to the car.

Other company has to reimburse you for car rental. Your company will go to them, and you'll get your deductible back.

Not using your company won't necessairly add anything to the mix.

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