Auto Insurance Claims: AUTO ACCIDENT REPAIRS, kelly blue book, accident repairs

Question
QUESTION: I WAS HIT FROM BEHIND IN MY CAR I WAS AT A COMPLETE STOP AND THE CAR BEHIND ME DID NOT SEE OR REALIZE THAT ME AND ALL OTHER CARS IN FRONT OF HIM HAD STOPPED AND HE RAN INTO THE BACK OF MY VEHICLE WHICH IS A 2001 INFINITI SUV , FULLY LOADED AND TODAY I FIND OUT THAT HIS INSURANCE COMPANY WANTS TO DEEM MY VEHICLE A TOTAL LOSS, DUE TO WHEN HE HIT MY VEHICLE FROM BEHIND HE PUSHED IN MY BACK HATCH DOOR AND BUMPER WHICH WAS SITTING ON MY MUFFLER AND TOW KIT WHICH WAS BENT VERY,VERY LITTLE BUT ENOUGH TO SHIFT THE DOORS BY A MILLIMETER , AND THE VEHICLE IS STILL DRIVEABLE AND I JUST WANT IT REPAIRED,BUT HIS INSURANCE SAYS THAT SINCE THERE IS A SLIGHT BEND IN THE BACK OF THE FRAME IT IS A TOTALED OUT , DUE TO THE REPAIRS ARE 8400.00 VERSES THE VALUE WHICH KELLY BLUE BOOK IS 11,600.00  AND THE PO IS AROUND 13,000.00 HOW CAN I KEEP MY VEHICLE AND GET IT REPAIRED?

ANSWER: Hi April,

Unfortunately, there is nothing you can do. The decision to repair or total a vehicle is completely up to the insurance company. The vehicle owner has no say in the matter. However, you should be aware of the settlement process and how to be sure you get the correct amount for your vehicle.

The Total Loss Claim Process


Step 1: Determining the vehicle to be a Total Loss
When you are involved in a collision, you will report the claim to either to your own insurance company or the insurance company of another at-fault party.  The insurance company will assign a damage estimator to inspect the damage and write a repair estimate. Once the estimate is written, the repair cost will be compared to the value of the vehicle. Generally, insurance companies will declare a vehicle to be a total loss if the cost of repairs is more than 70% to 80% of the vehicle's value.   

Step 2: Doing Your Homework
If you have been informed that your vehicle is a total loss, the insurance company will then take usually a couple of days to determine the value they are going to offer you. During this time, you should do your own research to determine the fair market value of your vehicle. The easiest way to do this is by using the internet. You should check www.autotrader.com . There you can search for currently for sale vehicles like yours, in your area. You should try to locate 5 to 10 vehicles of the same year, make & model, with similar options and mileage.  Print out the listings you find and average the values. This will give you a good average value to use as a baseline. However, you must understand that the prices you find are asking prices and virtually all of those prices will be negotiated downward to some degree.  Now when the insurance company makes you an offer you will know if it is within a reasonable range or not.   

Step 3: Negotiating and Settling Your Claim
Now that you know what your vehicle is worth and what the insurance company is offering you, it is up to you to negotiate if the offer is not reasonable. You can start by sending the documentation you collected in step 2 above and making a demand of what you are seeking to settle the claim. If the insurance company does not properly negotiate with you then you may have to hire a professional vehicle appraiser to properly establish the value of your vehicle.  If you are dealing with your own insurance company you can invoke the appraisal clause of your policy. This is a part of your policy that is there to help settle disputes in value between you and your insurance company.

For more information or assistance visit www.collisionclaims.com

I hope this helps
Richard Hixenbaugh



---------- FOLLOW-UP ----------

QUESTION: Am I untitled  to any compensation this matter ,since the vehicle was totaled out and the insurance will take the vehicle and i will not have a vehicle to drive and will have to re-apply for a new loan and also come up with a down payment out of my own pocket, is that a fair settlement ?Do I have the right to ask for payment for my loss in this case?
Thanks April

Answer
Hi April,

Your loss is the value of your car at the time of the accident. The insurance company will pay you the value of your car plus sales tax. You should verify the amount as I stated in my first response. There is no other compensation for which you are entitle to collect.

I hope this helps
Richard Hixenbaugh