QUESTION
Can my car be deemed totalled even though it has minor damage?
Asked on Feb 21st, 2013 on Automobile Accidents - South Carolina
More details to this question:
SC: Hi,I was rear ended a couple of weeks ago, I drive a 2000 Mercury sable. I have damage to my trunk lid and entire back bumper.The other drivers insurance company sent out someone to do estimate.
They called me today said my car was deemed "a total loss" and they want to give me $2000 and come get my car. This is not acceptable to me as my car is not totalled. I can still drive it, I just want it repaired, and if they take my car, me and my children will be sitting carless with $2,000?
I cannot purchase another vehicle for that. I am in South Carolina.Thank you so much.
1 ANSWER
Criminal Defense Attorney serving Anderson, SC
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A car is totaled if it costs more to fix it than it is worth. It does not matter if it is drivable. Have to pay the lesser of the cost of repair or the value of your car. If your car is worth 2,000 or less, and it costs more than that to fix it, it is by definition, totaled. However, you can request that they give you the fair market value of your car (which they deem to be 2,000) less salvage value (probably 400 to 500, and let you keep the car. If you have evidence that your car is worth more than 2,000.00 (look up Kelly or NADA book values) then you can argue for more. The reason they have a right to deduct the salvage value is that when they pay you the fair market value, they have bought the car from you and are entitled to any salvage value.
Answered on Feb 26th, 2013 at 2:20 AM