QUESTION
Do I have a standing if my insurance company repaired my car (2,500), value of car( 12,000) they reported as total loss?
Asked on Jun 19th, 2013 on Personal Injury - Utah
More details to this question:
I hit a curb in 2011. I reported to the insurance company and they repaired it for $2,500. I came to learn this week when I went to trade in the car that they had reported that it was a total loss. The dealership refused to accept it yet they had agreed before running the total loss report. I have been paying my premiums for a car that I thought the value was over $10,000. Now I have been told that it is $4,000. I have contacted them but they are telling me to wait. I feel ripped off for not being told about the 'total loss' yet I still have a clean title. Secondly I was unable to trade it in since the dealership refused to have the car in their lot so I was unable to trade it in for the car that I wanted due to their fault. I have also been paying high premiums for a high value car yet it is currently deemed a 'total loss'.
5 ANSWERS
Ronald A. Steinberg
There may be some fraud here.
Answered on Jun 28th, 2013 at 10:14 PM
Lisa Hurtado McDonnell
It seem to me that the insurance company need to fix their car fax report if they don't fix it then I would ask the insurance company for difference in compensation.
Answered on Jun 21st, 2013 at 11:12 AM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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You should report this to the Insurance Commissioner, then seek an attorney for your loss of value claim as well as a potential claim under the Consumer Protection Act in Washington.
Answered on Jun 21st, 2013 at 11:12 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You damaged your own car so you were dealing with collision coverage. They had an obligation to pay for the damage and I assume you paid a deductible. If the case was settled I don't know of anything you can do. any car that is damaged has some loss of value on resale. You should have dealt with that issue then.I don't know that folks are supposed to go round looking after your interests. That is your responsibility
Answered on Jun 21st, 2013 at 11:12 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It does sound as if you may have a case for slander of title or negligence for erroneously reporting that the car was totaled. One problem you have is the fact that your damages appear to be less than 10,000.00 for a case that is outside the scope of what most attorneys do. You may have difficulty finding an attorney to take the case at a price that makes it economically feasible to recover your loss (What you should have gotten on a trade in). Perhaps threatening a suit would convince them to correct the erroneous report.
Answered on Jun 21st, 2013 at 11:12 AM