Can I be reimbursed by the at-fault party for the salvage value my insurer will deduct after an accident?

UPDATED: Mar 8, 2012

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Can I be reimbursed by the at-fault party for the salvage value my insurer will deduct after an accident?

I was involved in an accident where I was hit from behind by a county school bus. Since the county self-insures the school buses I have to go through my insurance to have my car fixed immediately. My insurance will go after the county to recover their costs. However my car has not been deemed a total loss. I want to salvage my vehicle but will have to allow the insurance company to deduct the salvage value. Can I be reimbursed for the salvage value if I file a claim to the county on my own?

Asked on March 8, 2012 under Accident Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will be legally not allowed to seek the salvage value of your repaired car from the county whose bus damaged your car. Your measure of damages with respect to your car would be the costs of repair or its fair market value if deemed a total loss. Meaning, if the car is not totaled, the damages would be the costs of repair.

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