Auto Insurance Claims: Son s parked car hit, buick riviera, campus police

Question
My son was parallel parked in a U shaped parking area. His friend was getting ready to get out of the car when the other driver flew around the corner and hit my sons passenger side of car and door. He was driving too fast to stop. I believe the speed limit is under 10mph in a parking area. No tickets were issued which we question. We filed a claim against the other drivers insurance, had to tow the car and will have to pay storage and towing fees. The adjuster told me they haven't determined liability yet, but at this time he said the car would be totalled. Its a loaded 95 Buick Riviera and had no prior damage other than a loose bumper that was self repaired. The adjuster said something about only giving 25%, Im not sure what this means. We want the damage repaired so my son can have a car to drive. Our insurance is only liability so we couldnt file a claim on our insurance. The amt offered, if liability is determined against the other driver would not be enough to fix the car. The campus police said the passenger was at fault because he opened the door, but the other driver came around a curve out of eyesight and hit them. What do you think and what should we be allowed on the car? How can they determine to total it out? Does he lose his car?

Answer
Hi Laura,

A car is considered to be a total loss if the cost to repair it is at or above 70% of the value of the car. So as an example, if the car is worth $2500.00 and the repair cost is $1750.00 or more, then the car is a total loss. Unfortunately, with this being an older car, it will likely be totaled. Body repair work is very expensive.

When a car is totaled, the insurance company is essentially buying the car from you. So they will pay you the fair market value of the car then they will take the car and sell it for salvage to recover some of their money.

In some cases, you may be able to keep the car but they will deduct from your settlement the amount they could have sold it for.

The there is the liability percentage. If the adjuster is is saying that their driver is 25% at fault, they will only pay 25% of either the repairs or the value of the car if it is totaled. You can negotiate the percentage. By you have to be adamant thet the other driver was speeding. You should not accept less than 50/50 liability.

I hope this helps
Richard Hixenbaugh