QUESTION
2009 Lexus RX350 in an accident can i reject the car in order to buy another one?
Asked on Sep 14th, 2012 on Automobile Accidents - Washington
More details to this question:
I got into a car accident on a 2009 lexus Rx350 the value of the car is around 30k but the damage is around 8-10k. it is my wifes car and she doesnt want to drive a car that has been in an accident can i refuse the car and ask for a check to buy a different one and let the insurance sell it in an auction?
1 ANSWER
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The general answer is no. An insurance company can opt to have the car repaired unless the value of repair is 75% of the value of the vehicle. In certain circumstances, however, you may be entitled to the diminished value of the vehicle. The diminished value is the reasonable value of necessary repairs to any property which was damaged plus the difference between the fair cash market value of theproperty immediately before the occurrence and its fair cash market valueafter it is repaired.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Sep 20th, 2012 at 11:24 AM