QuestionQUESTION: I was in a car accident on 9/21/09 in Atl,Ga and my insurance company sent me a letter saying my car was totaled. They sent me a packet asking for my keys, power of atty and for me to sign the bill of sale then get everything notarized which I did and sent the packet back to my company. But a couple of days later I guess after reviewing the police report I get a call saying that the car is repairable (by the way the person who hit me is also insured with my company) They sent a check as well but I do not want the wrecked vehicle or the check because the damage caused the THE AIR BAG to DEPLOYED. I checked with another body shop and their estimate without a teardown was $3,000 more than the check which I have from the insurance I plan on calling the GEORGIA State Insurance Commissioners office because I think they are not being fair with me. Am I wrong to go straight to the commissioners of or try the insurance company one more time. I have been without a car for over a month now going back and forth with the insurance company I getting pretty angry with this whole thing I do not call this being made whole in my opinion. What are my options the car was only a year old with 34,000 miles on it damage to the front end.
ANSWER: Air bag deployment is not relevant. A vehicle is a total loss if the repair costs exceeds the retail value before the loss. In some states, they will be required to toal it if the repair cost exceeds 75% of the retail value. Air bags are replaced safely every day.
I would ask a body shop you trust if the vehicle can safely be rapired. If so, I would proceed with the repairs through the insurance company. It sounds like you are causing yourself unnecessary trouble.
If the shop disagrees, go to the commissioner.
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QUESTION: But what about the first letter stating the car was totaled, that is not sent out if the a car can be repaired right? why send the letter then? I just want to know if the company made a mistake or trying to get away with something improper even in your answer you did not address the letter that I RECEIVED. By the way I already took the insurance estimate to a trusted shop and the shop gave a estimate more than $3000.00 more than the check they sent me and they strongly suggested a teardown be done to check for additional that may have resulted from the wreck once the damaged parts have been removed.
AnswerIt sounds like they made a mistake about it being totaled. This does happen.
When there is a lot of damage, the inital estimate is just a guess. They won't know how much the repairs really cost until they tear it down. Insurers tend to guess low, because they do not want to pay for damage that didn't happen. Body shops tend to guess high because they want to be paid and don't really care if the damage does not need to be repaired. Once they tear it down, then you'll know. And there will almost defintitely be a supplement on a case like this. They might even determine it really is a total loss once they tear it down - this happens sometimes. And then you'll be in the same place, but just waited one month to get there.
I know you don't want to hear it, but this is really not that unusual of a case, and I think you have caused yourself more trouble than necessary.
