Auto Insurance Claims: Using a totaled car !, total loss information


Question
QUESTION: My car was totaled just 'cos of some 'cosmetic' type damage to the body on the driver side doors. I got it back, have now a 'previously salvaged' title and only liability insurance.

I did not do any repair 'cos it is just 'fine' for me as it is (doors can be open/close with no prob, a state trooper inspected it for my new title as well)

When totaled I was paid market value less my deductible. They did not charge me a scarp value or anything to give it back to me.

My Qs are;

Now if in the future I meet with an accident where the other party is at fault how will the insurance claim/payment would work;

1. Again if it is deemed totaled
2. If it is only minor repairable damage to the body area NOT previously damaged.
3.What if the new damage includes some area previously damaged.

Or, basically nothing will be paid out 'cos of previous 'salvage' status?

If that happens do I have a claim at least to the extent of my 'deductible' which was not paid to me during previous 'total'?

Can you pl clarify?

Thanks

ANSWER: What you really want to know is what the value of your vehicle is right now.  This is how you will be paid if you are involved in another accident where someone else is at fault.  Now, I don't know what kind of vehicle we are talking about, so I can't get very detailed, but if I had to guess, your vehicle is probably a "rolling total".  It is a transportation only vehicle with no real value, depending on where an accident occurs, there is normally a minimum that an insurance company can pay for a vehicle, something like $500.00 for a basic transportation vehicle.

If your vehicle retains value above basic transportation, then the value is likely to be adversely affected by the salvage/rebuilt title.  Most insurance companies will reduce the value of a vehicle substantially due to the salvage title condition.  If you provide details on your vehicle and what State you are in, I can fully answer your question with specifics.

I hope this helps!

---------- FOLLOW-UP ----------

QUESTION: Its a Chevy Lumina LS 123k miles.
In ND Zip 58102
NADA,KBB and some local listings seems to suggest on avg. ~$3200 for a similar undamaged car.

My damages a year ago was estimated ~$2200 and at that time the market value of similar was lower than now.

The damage is basically dented 2 left side doors.

So in this type of a situation how would a new 'totaled' situation play?

if only minor/repairable damage will they still consider making it a total, than paying repair cost?

Thanks much for your info

Answer
Okay, well you didn't provide the year model which is important in determining value, so I'll go with your figure of $3200.00 for demonstrative purposes.

If you are in a wreck and the other party's insurance agrees to pay you for damages to your vehicle, then they will likely just total your car out.  In ND they use a 75% threshold, so doing the math, if you already had prior damage of $2200.00 then say the new wreck was just a bump on the rear bumper which would cost less than $500.00 to repair, then the total damage to your vehicle would be $2700.00 which is 84% of the $3200.00, it is legally totaled again.  Not to mention that the real value of the vehicle would be no where near $3200.00 because of the salvage title.  It is not surprising for an insurance company to reduce the value of a vehicle by 50% due to it having a salvage title.  So it is possible your vehicle is only worth $1600.00 if it had no damage at all.  With $2200 in prior damage, your vehicle is definitely a "basic transportation vehicle" or "rolling total".  In fact, if you do the math and start with a market value of $1600.00, the prior damage makes the vehicle have a negative value!  Of course this is not really possible as there is some value to the vehicle as a method of transportation.  Unfortunately, I have not been able to find any case law or statute that requires a minimum payment to be made on a totaled vehicle such as yours.  I would suspect that you could prove the vehicle is worth at least $500.00 because it runs and will pass inspection.

I hope this was thorough enough!