Auto Insurance Claims: Totaled and screwed?, Am I screwed on my total loss?


Question
I was recently hit by a suspended driver who sped through a stop sign. I was hit on the left rear causing a dent, bumper torn off and back left suspension replacement. I repaired it for a reasonable cost, as I have only had the car for a year, it is a '97 and under 100k.  The other driver did not own the car and did not have a valid car insurance card on hand. They did not report the accident and without knowing who their insurer was, about 2 weeks passed before they were  involved. This meant my insurance company was the only one to assess the car before it was fixed. They totaled it. I just found out that means it's pretty much unable to sell in the future and I can never have full coverage on my car now. Do I have any choices or alternate routes I can take for insurance? Does one persons violation of several laws screw me over for the life of my - fairly new to me - car?

Answer
So the fact that the vehicle was deemed totaled is something you'll not likely be able to change.  It is basically up to the insurance company to say whether they feel it is economical to repair or not.  Additionally, it is possible that if the vehicle was severely damaged, that the title will have to be branded as salvaged.  In many cases, insurance companies will not provide coverage for damage to a salvaged vehicle.  You can still get liability insurance, but you may not be able to insure the vehicle for damages.

Now. . . if you want to make sure that the responsible party pays for your damages, you need to invoke the law.  In every State in the great US there is a law about insurance, and those who allow their vehicle to be utilized without ensuring that the driver is able to drive safely and that there is adequate financial resources available if the use of the vehicle results in damages.  I hope that makes sense, I have to sort of say it in a particular way to make it perfectly accurate.

Most of the time, the owner of a vehicle (if the driver can be shown to be an unsafe or unqualified driver) can be held responsible for damages.  If you need detailed information about how to proceed, don't feel like you can't look me up.  Information is always free at Petty Details, LLC!

I hope this helps.