QuestionI was rear ended and the insurance company is trying to total out my vehicle. She claimed that she was going to start the process for a salvage title on it...
1 can they do that without my consent?
2 can they add in the cost of a rental to the damages to bring it over value to make it a total?
3 i was in an accident 2 months prior and the insurance covered it ALL and the claim was even more but this one is cheaper and tryin to total it on me, can they do that?
AnswerHi Rebecca,
I am not sure if your going through your insurance company or some other, at fault persons insurance company. Generally, the language of the insurance policy will control the parties rights. Based on my experience, if there is frame damage or the cost of repair exceeds 80% of the actual cash value of the vheicle, insurers try to total it out.
But, no, they can not force you to total out the vehicle. You could try and negotiate with them. Perhaps get them to give you fair market value for the vehicle but also let you keep the vehicle (they may want a slight reduction for this but it may be worth it.) They should not add the cost of a rental onto the totaling out price to make it reach that "threshold" number for a total loss. These are two separate issues and one has nothing to do with the other. Ask the adjuster "so, if I don't claim loss of use you will repair the vehicle?" I bet no is the answer.
I hope this answers your questions
Marc B. Nussbaum, Esquire
