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Additional Details
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jaeryunjung | Help.. Insurance won't consider my car a total loss...? |
My current insurance company is allstate. I have a 2005 TL with significant damages. The repair estimate came out to be $18,000. The value of the car is about $30,000. The front frame rails must be replaced and have to basically replace everything in the hood except the engine and trans. I don't feel safe driving around a car with those damages. I know repairs won't put it to original condition. Even the collision center recommends not to repair the car. Not only that, I am obligated to disclose this info when i decide to sell this car. I am also the not at fault driver of the accident. The other party has Mercury insurance. I want my insurance company to declare it a total loss. What can I do? |
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mbrcatz
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Wel. they don't have to! The policy says, "Repair or pay ACV, whatever is less".
The only good news is, with $18,000 in damage, the body shop could well find MORE damage once they start taking it apart, and THEN it might be totalled.
You could refuse to settle with the other carrier, and sue the owner in court, if you don't like the offer that Mercury is making - totally bypass YOUR insurance company. It will probably take six months to a year for the trial. But if you DO go through your insurance, you transfer all your rights to go after the other insurance company, to your insurance company.
Your call. If it were me, I'd just have the car fixed, and keep driving it. After all, it DOES have to be totally repaired, you won't be driving it "with damage". |
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dp
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I would recommend filing the claim on your insurance and having some-one look at it. If they declare it a total loss then your insurance will go after Mercury to reimburse them. Make sure that you read over completly any papers sent to you by Mercury, most companies make you sign something stating you agree to the settlement and then they close the claim out. If you do not get the results you are wanting you can always contact an attorney... |
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mamatohaley+1
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Sounds like you are out of luck. Hopefully the shop will find enough additional damage that they can total. |
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mei-lin
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I think it has to be 75% before it will be considered a total loss.
You could have it repaired and trade it in.
I had an accident once where the frame was bent and my body shop told me that their standards are higher than new car standards. |
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StarrLite
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You can't MAKE them declare it a total loss. In today's economy businesses are tight and try to sustain themselves and at the same time labor and parts prices are high. Typically, TL's are determined by the amount of repairs and a percentage of the value. If it's not in the window it's a done deal. You CAN negotiate with the other company and they may be more flexible. Also, different companies honor the disclosure stuff but some don't. There are lawsuits still pending on that issue. I think Allstate does though. Mercury I am not familiar with but you will need to know the at fault party's PD (property damage) limits. You may end up working with your insurer anyway and they will subrogate the payments to you. When they begin repairs they may find additional damages, then it may end up being a TL. That happened to me a few times as an adjuster. |
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Gypsy Girl
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You may not be able to make them declare it a total loss, but have you looked into putting the money they offered into buying a new car? That seems like a better option than repairing the one you have. Your only other alternative is to sue the other insurance company if the other driver was at fault. |
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Chris
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You can't make them total it if it isn't a total. Sometimes when certain items are damaged, in spite of the $ amt, they will total the car. So you must not have serious enough damage, or a serious enough item to repair in order for them to total it. You can call the supervisor, etc. but they will stand behind your contract and their obligations. |
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JCRbama
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If Mercury insurance wants to repair the car and not total it, you can always contact your insurance company and have them look over the car. If they decide that it should be totaled you can always have your insurance company pay for the car (you will have to pay your deductible) since you are not at fault in the accident, Mercury insurance is financially responsible for your repairs, your insurance company will go after them for the money. When they do this and get paid, they will recover your deductible and cut you a check for it.
A family friend had to do this recently, additionally since the accident was not their fault there was no increase in their insurance premium, though I would check this with your insurance company to be sure.
Best of luck! |
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