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I was involved in an auto accident while driving my 2007 SUV that had about 5000 miles on it. All side airbags were deployed, the vehicle almost rolled and the damage is substantial. I was told by the wrecker driver and the owner of the body shop where the car was towed that because the car had such low miles, the insurance company may decide to fix it instead of totaling it out. I don't WANT the car repaired if the only thing that keeps it from being totalled is the fact that it had low mileage. With such major damage the car will be worthless to me if I ever decide to sell or trade it in. Do I have any recourse with the insurance company?
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Most states have laws that require insurance companies to total out vehicles if the damages are in excess of a certain percentage of the value (also called ACV - Actual Cash Value).
The percentage will be 70 to 80% depending on your state. If the damages are in excess of that percentage then the company has no choice but to total the car.
Conversely, if the damages are less than the percentage then they have to repair the car.
I'm sorry but the fact that you don't want the vehicle back won't have any legal bearing on what happens here.
The vehicle would not be worthless if you decide to trade/sell it later. There is no question the value will take a hit but it won't be worthless. Thousands of vehicles that have been in accidents are sold every day, most with the disclosure that it has been damaged previously.
You can try to see if your states Insurance Commissioner will help you, but I can tell you from previous experience that they won't do a thing. Their office can also confirm what the percentage is in your state that makes a vehicle a total loss.
Not that it will make much of a difference to you, but I always buy totaled out cars and have them rebuilt and have never had a problem. I sent both my kids off to college in rebuilt totaled out cars and they never had any trouble.
Good Luck.
The percentage will be 70 to 80% depending on your state. If the damages are in excess of that percentage then the company has no choice but to total the car.
Conversely, if the damages are less than the percentage then they have to repair the car.
I'm sorry but the fact that you don't want the vehicle back won't have any legal bearing on what happens here.
The vehicle would not be worthless if you decide to trade/sell it later. There is no question the value will take a hit but it won't be worthless. Thousands of vehicles that have been in accidents are sold every day, most with the disclosure that it has been damaged previously.
You can try to see if your states Insurance Commissioner will help you, but I can tell you from previous experience that they won't do a thing. Their office can also confirm what the percentage is in your state that makes a vehicle a total loss.
Not that it will make much of a difference to you, but I always buy totaled out cars and have them rebuilt and have never had a problem. I sent both my kids off to college in rebuilt totaled out cars and they never had any trouble.
Good Luck.
