QuestionHello,
My name is Matthew Elias. I drive a 2000 Dodge Dakota Sport 4x4, with some pre-existing body damage that I can live with. I was involved in a 1 car accident that was my own vehicle on some black ice. I live in Michigan and my insurance provider is AAA. There was no injury to myself.
AAA claims there is over $6,000 in damages that need to be repaired and they are looking at totaling out the vehicle. what are my options? What can I do try and avoid having my vehicle totaled out?
thank you,
Matthew Elias
Answer Hello Matthew,
I am going to assume that the damage represents at least 75% of the vehicle's value. $6000 in vehicle damages would indeed total many vehicles.
You cannot avoid having your vehicle totaled. Michigan law states that if damages reach 75%, then the vehicle is a total loss. The insurance company must comply with the law. To view the law, refer to this link:
257.1132 Total loss of vehicle; surrender of title, junking.
http://law.justia.com/codes/michigan/2012/chapter257/act198of1965/section257-113
The question is what must be done with the vehicle. According to the law,when vehicles meet this threshold "the secretary may require that the certificate of title of the vehicle be surrendered for cancellation as a junk vehicle."
You will need to communicate with your insurance company in order to determine if regulations can allow for you to keep the vehicle, or if you must surrender it. Have them cite the actual regulations that govern those options.
My educated guess is that you will be required to surrender the vehicle as it will probably be deemed "unsafe". $6000 of damage certainly suggests that there are serious structural damages.
Be certain that you conduct your own homework on the actual cash value of your car. Make certain that you are fairly compensated. Research online, call dealers with similar vehicles. And, by the way, that value is based on it's value pre-loss, not post-loss.
Hope this helps. Good luck.
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
