Our car should have been totalled at christmas. They lied to us about the value of the repairs and the value of the car to not total it. we just found

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Sep 29, 2011

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Insurance Question from Fitchburg, WI

Asked on 09/29/2011

Our car should have been totalled at christmas. They lied to us about the value of the repairs and the value of the car to not total it. we just found They have mysteriously lost our file. They repaired the car but it is now worthless as it should have been totalled. We want the car to be totalled and us to receive the value of the car as it was back at the time of the accident. If iot was not for their mistakes this would have happened. They are only offering us the difference between their current appraisal and the value of the car now after it is worthless. We stand to lose a lot of money here. Should we be entitled to the total value of the car before the accident seeing as they repaired it under false pretences?

Answer given on September 29, 2011

If it was determined that the repairs cost more than the actual cash value (ACV)of the car at the time of the accident, then the car should have been totaled. In fact, when the car was repaired and it was determined that the repairs totaled more than the adjuster’s estimate, then you or the repair shop (usually they are courteous enough to do it as they know what they are talking about with the repairs) should have called the insurance company and at that point a supplemental check for the repairs could have been sent or the car would have been deemed a total loss. Insurance companies have document retention standards. Contact your department of insurance in your state advising them they have lost your file. File a complaint with the department of insurance for the lost file and their actions on your car. Also, consider contacting an attorney on this claim. He can help you recoup any money between the value of your car before the accident and what they are saying it is worth now (especially if you feel that their original estimate of what the cost of repairs totaled and the value of your car was done in bad faith). For a reputable insurance attorney in your area, IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

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