Do I have the right to revoke an insurance company’s decision to fix a car, when it should be considered totaled?

UPDATED: Mar 22, 2012

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Do I have the right to revoke an insurance company’s decision to fix a car, when it should be considered totaled?

My car is 11 years old and it was concluded that the liability pertained to the other motorist’s insurance company.

Asked on March 22, 2012 under Accident Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, under the laws of all states in this country, you have the right to contest an insurance company's decision to repair a dammages vehicle as opposed to have it deem a total as a result of an auto accident involving it. After all, it is your vehicle.

I suggest that you consult with an attorney who practices in the area of auto law if you need further help in getting estimates for the repair of your car and what its fair market value is at the time of the accident in dealing with the insurance company that you are writing about.

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 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.

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