Auto Insurance Claims: insurer wants to total car but is not 75% of acv, state insurance commissioners, nissan pathfinder

Question
can my insurer force me to total my 2001 nissan pathfinder if it can be repaired for less than 75% of the actual cash value of the vehicle? to make a long story short, I got fed up with their b.s. and had the vehicle repaired out of my own pocket for less than the 75% acv. should I sue them if they refuse to reimburse me? they had an appraiser give an price that was about 1600 hundred dollars more to repair than i actually got it done for. My completed price was 6147 dollars. They had offered me 9300 dollars for my vehicle. I cannot understand their logic when I could get it repaired for 6147 and they wanted to pay me 9300 to buy it! I am in the process of writing a demand letter for payment of my claim. What is your opinion? Have I screwed up?

Answer
Hi Michael,

In most cases the decision to repair or total a vehicle is completelyup to the isurance company. The vehicle owner has no say in the matter. They could actually total your vehicle if you present a claim for $1.00 if they choose to. In reality, insurance comapny will do what they feel is in their financial best interest. In your case they obviously thought that they could pay you, take the car and sell the salvage and come out better than if they repaired the vehicle.

You should try to make the claim. If they do not cooperate then you should file a complaint with your state insurance commissioners office. Then if that does no good you should speak with an attorney that specializes in insurance coverage matters.

I h ope this helps
Richard Hixenabaugh