Do I have any say as to weather my car is totaled or not
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have any say as to weather my car is totaled or not
Was in route to work sitting at red light at Grand 7th Ave when struck by a drunk
driver in a pick up truck w/ steel guard on bumper, she was driving in both lanes
severe damage on my passenger side,estimate came in 9587.00 for my 2016
Elantra so far ,she suffered no damage. I called a Dealership which has the only 6
2016 Elantra in the State, the AVC today is for a 2016 Elantra with 12300 miles on it
is 12,999.00 my car had 6,000 miles. Allstate hasn’t totaled my car as of yet payed
26,153.96, oh yes we do carry Gap ins.hubbys been injured ,I’m disabled ‘I need
help’
Asked on April 5, 2016 under Accident Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A car is totalled if it can't be economically repaired; that means if the cost to repair it exceeds the current fair-market value. If the matter is close, you can negotiate with the insurer and/or, if necessary, take legal action and let a judge decide if the car should be totalled or not. But if it's not close, it's going to be insurer's decision. d on what you write, the car is not a total loss: $958 in damage vs. approximately $13,000 of value means that there is no doubt but that the car can be economically repaired. Even if the estimate you have if off by a factor of four, for example, that would still only be $4,000, or much less than the car's current value, and so it should be fixed, not totalled.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.