QUESTION
my car was parked.its a 2011 Chrysler 200 with 1400 miles on the car.the body shop figures $15000.00 to repair my car.Do i have to have my car fixed?
Asked on Oct 21st, 2011 on Automobile Accidents - Illinois
More details to this question:
I really dont want the car fixed.It was hit in the rear end and spun the car 180 Degrees and i dont think my 5 year 100000 mile warantee will be valid so ill have a new junk car.The insurabce company says it has to be fixed but i would opt for them to send the damage money to my finance company and id pay off the difference.i owe about $17000.00 on the car yet and i would sell it for scrap to recoupe my losses
1 ANSWER
Personal Injury Attorney serving Fall River, MA
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Botelho & Associates, LLC
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In an automobile accident, you have the right to either give the money to the lender, while paying off the balance and keep the vehicle or get your car fixed. If the value of the damage to the car exceeds 75% of the total cars value, then the car should be salvaged and your entire balance to the lender be paid off, any insurance company takes the car and send it to auction.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Jan 27th, 2012 at 3:34 PM