New York, NY asked in Car Accidents for Kentucky

Q: Can you force an auto insurance company to fix a totaled car?

My mother's 2006 Crown Victoria (50K miles, pristine condition) will most likely be totaled due to damage in an accident where the other driver was at fault. My mother would like to have it repaired instead of totaled because of its condition and the sentimental value since it was my deceased father's last car. Can we force the repair instead of accepting a cash settlement calling it totaled?

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

A: A Kentucky attorney could advise best, but your post remains open for five weeks. Insurance practices are governed by state law, but the general doctrine applied in most jurisdictions is that if your property damage exceeds a certain threshold, your car is going to be declared a total loss. I can sympathize with your situation and understand why you want to keep the vehicle for sentimental reasons. No one can force you to relinquish the car; it is yours. But on the other side of this coin is the principle that you can't force the insurance company to carry out a repair that is unviable for them. That's the general rule. Check with a Kentucky attorney to get the most exact state-specific guidelines, but I don't imagine it would be too much different than general nationwide practices. Good luck

Tim Akpinar

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