QuestionQUESTION: I was recently involved in a car accident but prior to this accident i was involved in a hit and run accident where my window was smashed completely and my back passenger door was dented in and couldn't be open from the outside, the window had been repaired prior to the accident but the dent hadn't. In the second accident the the driver damaged my front passenger door to where it no longer opens and also caused my back passengers door to come off the hinges slightly. Now my car is not brand new its a 1996 ford Taurus that i paid 1200 cash for. The insurance company wants to total it out but i still would like to keep the car because it is still drivable and can not afford car payments. I have not yet received an offer from the insurance company and I'm currently driving a rental car that they are paying for. What are my rights? And if i decide to keep the car can they deduct money from my settlement? Also can they deduct the rental car from my settlement?
ANSWER: Domonique,
Depending on the Stte, the rules can be a little different, but here is the most likely answer to your question:
1. You can always keep your car if you want.
2. The insurance company will deduct the salvage value if you keep the car.
3. The rental will likely stop once the insurance adjuster makes you and offer of settlement.
If you provide me with the State where this happened, I can give you much better answers and I will expand if need be. . .
---------- FOLLOW-UP ----------
QUESTION: Houston Texas
AnswerSorry for the delay, I didn't see your response with State information. Indeed my first response is accurate for Texas. If you are dealing with a hard core company you could be in for a fight about rental as they legally owe no rental once the car is declared a total loss. Most companies will pay for some out of goodwill. Many times in a situation like yours, if you negotiate on the salvage value, you can come out ahead.
