Q: I have a mini tort claim. Can the at fault drivers insurance total my car?
Damages are $6000 insurance said they would pay out the max $3000 under mini tort. They said I had to settle with the total loss department to receive my claim. They would determine value and possibly total the car. I thought the value of the car held no merit in this type of claim only damages as they do not have a policy on my car. Had PL PD through another insurance company.
A: Normally with a mini- tort claim, you send the other drivers insurance company the police report showing that the other driver was more than 50% at fault, and 2 estimates showing the damages to your vehicle. If the damage exceeds $3000, they owe you 3,000.They do not have the right to total your vehicle. If they don't cooperate, you can sue the other driver in small claims court. This should be a simple claim.
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