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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
