Am I obligated to keep a car after the insurance company states it should have been a total loss?
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Am I obligated to keep a car after the insurance company states it should have been a total loss?
The expenses paid on my car were more than the car was worth. The following comments were on the claim summary I received: “Shop notified me on 7/6/10 of supplement which has totaled this vehicle in pathways. Shop did not notify me until vehicle was at the dealership to get air bag checked and was completed. This vehicle was sent in as a borderline total loss”. The ins company told me it should have been a total loss only after they repaired my car. What rights do I have as a consumer? Am I obligated to accept this car as it is even if the repairs were not to my satisfaction?
Asked on October 25, 2010 under Accident Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally speaking you are entitled to have your car repaired to the exact state that it was before the accident. If the repairs were not done to your satisfaction - and they fit in to this criteria - the you should notify the repair shop as soon as possible and also notify your insurance company that the work is inferior and does not bring the carto the same place it was prior to the damage. You have a right to make sure that the repairs are done to your satisfaction - within reason, of course As for the issue of repair versus total loss, I would check with an attorney in your area who can read your insurance contact and help you figure that out. Good luck.
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