QUESTION
Do I have any recourse if I don’t want to accept the vehicle back even with a pristine repair due to the frame damage?
Asked on Oct 08th, 2013 on Personal Injury - Indiana
More details to this question:
I was involved in an accident whether the other driver was at fault that resulted in significant damage to my vehicle including damage to the frame. The vehicle has been deemed repairable but I do not want to accept the vehicle back even with a pristine repair due to the frame damage.
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It strikes me that the repair cannot be 'pristine' if frame damage remains. You can insist on complete repair of the frame damage. If you still don't want the car back, but money instead, you'll likely have a row with the insurance company, but you can make the demand and see how they respond.
Answered on Oct 09th, 2013 at 5:08 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are entitled to whatever damages you prove. It has nothing to do with repair you can receive dollars.
Answered on Oct 09th, 2013 at 4:24 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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No. You can make a counter offer (or demand) for reimbursement based on the car being totaled, and if they refuse, you can go to court.
Answered on Oct 09th, 2013 at 3:05 PM
Ronald A. Steinberg
Honestly, I think that you are screwed. The reason is that in most insurance policies of which I am aware, they alone can choose whether to repair or replace the vehicle. I suggest driving it and if you have any issues that cannot be repaired to your satisfaction, get rid of the vehicle. Be sure to have adequate information as to what similar vehicles with NO damage are worth and if you have to take a loss, use that in dealing with the other driver.
Answered on Oct 09th, 2013 at 12:35 PM
Thomas Edward Gates
You have no choice, but to except it. You can turn around and sell it if you wish.
Answered on Oct 09th, 2013 at 12:35 PM
James Eugene Hasser
In Alabama, you are also entitled to the diminishment in value in addition to the repair costs. However, the most you can recover is the value of the vehicle.
Answered on Oct 09th, 2013 at 12:20 PM
Medical Malpractice Attorney serving Valparaiso, IN
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Langer & Langer Attorneys at Law
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I just had a client with an identical problem. I could not get the at fault driver's insurance company agree that the vehicle was a total loss. I contacted my client's insurance company and after reviewing the situation, it agreed that my client's (its insured) vehicle was a total loss and paid her for the total loss minus her deductible. Try working with your own insurance company.
Answered on Oct 09th, 2013 at 12:18 PM