Fairburn, GA asked in Car Accidents and Insurance Bad Faith

Q: In the state of Georgia: Can the insurance company take my declared total car away without my permission?

In Georgia: My BMW's cosmetic damage is fully repairable with no other damage but the adjuster totaled it. My BMW runs perfect, I put a lot of money into it's engine and transmission for safety and functionality. I want to keep my BMW that was declared totaled that is fully repairable with ONLY cosmetic damage. The adjuster informed me that the collision repair shop totaled it and NOT the insurance company or the adjuster. Is this legal? How can I keep my car?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Georgia attorney could advise best, but your question remains open for two weeks. As a GENERAL matter in many jurisdictions, a property damage adjustor can include a salvage value, where the vehicle owner could be presented with a lower figure if they choose to keep the car. Since insurance practices are governed by state law, these protocols might have state-specific elements. But you could ask the adjustor or the PD claim rep if you have the options of two figures, based on whether you keep the vehicle or surrender it to the salvage company. Good luck

Tim Akpinar

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