Q: How to maintain clean title after fender-bender under MD law?
On January 17, 2025, my car was involved in a fender-bender caused by a neighbor changing lanes abruptly. My car, a meticulously maintained 2005 Lexus IS300, suffered damages including the fender, bumper cover, and headlight, but is otherwise in excellent condition. Unfortunately, my neighbor’s insurance was not active at the time of the accident, so I filed an uninsured motorist claim with my insurance company, State Farm. They assessed that my car is a potential total loss, offering an actual cash value (ACV) of $9333, which I believe is low. I've invoked the appraisal clause for a fair-market-value assessment, expecting it to show a much higher value. State Farm has estimated the repair cost to be $4896, already less than 75% of the initial value estimate, and likely to be significantly lower than what the certified appraisal will conclude. I plan to keep and repair the vehicle. State Farm insists on issuing a salvage title, but according to MD Transportation Code § 11-152 (2024), a salvage title should not apply when the repair costs do not exceed 75% of the vehicle's fair market value, especially as I retain possession. How can I ensure my insurance company complies with this law to maintain my vehicle’s clean title?
A: Very few personal injury attorneys handle property damage only claims because of the economics involved. (It's not enough money for the work involved.) Search for an attorney who deals with property damage claims. Good luck.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
