Can I make insurance company declare my car totaled?

by Guest » Mon Oct 22, 2007 08:31 pm
Guest

I was in an accident (due to an animal in the road) which left me in a pond. My car wasn't completely submerged. About a foot or 2 on the drivers side and around 3 1/2 feet on the passenger side. I hit some piping in the pond that damaged the front end: i.e radiator, air conditioner, power steering, some other stuff, idk I'm not exactly car savvy. The interior is wrecked! the impact busted a transmission line and all the fluid came out and the insurance appraiser ran it with no fluid. Not knowing about the loss of fluid, they told me I could drive it from the tow yard to the mechanical shop (less than 1 mile). I did, but of course I didn't make it. The car stopped going. they are saying the damage reaches around $9000.00. Its a 2005 Dodge Magnum SXT (no hemi). the value of the car is about $15,000 give or take a thousand. I've been told by everyone, including different mechanics, that I'm am most likely going to have all sorts of problems with it in the future. I pay close to $800 a month for this car, but I have gap insurance. So I'M covered if it is deemed a total loss. And i want my car totaled since I could have future problems AND the fact that it's not worth nearly as much no that it's been involved in a car accident with flooding. But it's not looking like they are going to total it. they say that the damage needs to exceed the value. But MY question is, is that, arent they concerned about the likely possibility of re-opening a claim, maybe even multiple times? And is there anyway I could convince them to total it out?? PLUS I have environmental asthma and a huge deathly allergy to mold, mildrew, spores... ect.. and I am so afraid they're going to miss something that got wet (it took them five days to even appraise it) and mold or mildew grows, and I end up in the hospital. (it's happened before). AND my 3 year old has the environmental asthma as well. So I'm TERRIFIED to have this car and I want my car totaled ..what else can I do??? Is my car totaled once I make things clear to them?

Total Comments: 39

Posted: Fri Nov 04, 2011 03:48 pm Post Subject:

only an adjuster can say that after looking into your car's condition. They might try to get it fixed even if the damage is worth more than 50% of the car's value. But again it depends on the insurer, when some would total a car if the damage is worth more than 80% of the car' value, others may total it ranging from 60 to 70%.

Posted: Sun Dec 04, 2011 10:27 pm Post Subject: Total Loss Vehicles

I have a little bit of experience in this area as we own a relatively large body shop in the NWA area, and carry numerous DRP's. These contracts require us to follow very strict standard operating procedures when determining whether or not a vehicle may be totaled upon arrival. If you have questions about the tear down process, and what your involvement should be, please feel free to ask :).

Posted: Fri Mar 30, 2012 01:55 pm Post Subject: car replacement

can i have insurance company relpace my totaled car?

Posted: Fri Mar 30, 2012 02:00 pm Post Subject:

Possibly, but not likely. The responsibility of the insurance company is to provide you with a payment of the Actual Cash Value of the vehicle, which is its replacement cost minus depreciation. That value will probably not be enough to purchase another vehicle of like kind and quality.

Posted: Sat May 26, 2012 01:58 pm Post Subject: Hyundai Tucson Wrecked

:( so my friend was driving my car and rear ended a Jeep Cherokee, which caused a chain reaction and made the woman's car hit a Mitsubishi Galant in front. We're all fine thank God but the woman in the Jeep and the man in the Mitsubishi had to be taken to the hospital in that neck brace thing and on a stretcher. The Jeep was drivable, but my car had to get towed. The radiator busted, my grill is basically murdered, along with my hood and two front lights. I only have 2 questions: Will I have to pay for everything or my friend? and Secondly, will my car be declared a total loss? please respond ASAP.

Posted: Sun May 27, 2012 01:57 am Post Subject:

Your car may or (probably) may not be totaled. Depends mostly on whether there is frame damage or not. As far as who pays . . . you're up first, and your friend is on deck. The owner of the vehicle generally has primary responsibility for any damages/losses caused by the operation of that vehicle. If your "friend" is a licensed driver and was driving with your permission, your insurance will cover the claims up to the policy limits. If the claims exceed your policy limits, then your friend's insurance (assuming he is insured) can act as excess coverage.

If there are permanent injuries that would lead to a civil suit looking for big bucks, both you and your friend could/would be sued. Either or both of you could be stuck individually with the judgments ("joint and several liability" is what it's known as).

Hope you're a responsible vehicle owner who carries high limits of liability for personal/bodily injury and property damage.

Posted: Mon May 28, 2012 01:39 pm Post Subject:

In most of the cases it happens like that. The car mechanic declares the car to be a total loss and the insurance companies denies to accept that the car is a loss. However one thing could have been done. If anyhow the main dealer of the car from where it was bought could have a look over it then it can be well known that the car is either a total loss or still there are some sort of chances that a car may get recovery.

Posted: Mon Nov 19, 2012 11:59 pm Post Subject:

MY CAR IS LESS THAN 6 MONTHS OLD AND IT WAS WRECKED AT 75 MILES PER HR AND THE INSURANCE CO SAYS IT IS NOT TOTALED EVEN IF THEY REAIR IT IT WILL NEVER BE CORRECT AGAIN WHAT CAN I DO TO GET THEM TO TOTAL IT

Posted: Tue Nov 20, 2012 06:44 pm Post Subject:

WHAT CAN I DO TO GET THEM TO TOTAL IT


Besides screaming at them like you did to us here, the answer is NOTHING. If they want to spend the money to repair it, that's their decision and you agreed to it when you accepted their contract.

If you want it your way, you have to buy your insurance at Burger King. Unfortunately they don't sell it anymore. Just burgers and other fast food with too many calories and fat.

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