QuestionI have two questions regarding this issue.
I let my friend borrow my car to drive me to the airport. On the way back, she "lost control of the car" and hit "something" on the freeway. It looks like she hit a light pole or a call box. The back windows (of my hatchback) door, panels, and seats were all damaged severely. She did not stop to look or file a police report and drove it back to my apartment.
At my apartment, apparently she while was on the phone with me, was backing my car into a carport. She hit one of the pillars of the carpools back backing up the car, damaging the front door, bumper, and the mirror (it came off), extremely severely.
The total cost of the damages is about 12000. According to the bluebook my car can still be re-sold for at least 15,000. However, I cannot afford to buy a new car, and without any engine damage the car is easily repairable.
The company has ruled the car totaled and unrepairable. I have AAA. The manager of my auto shop pointed out some of the estimates made by the insurance company were incorrect, and in fact exceeded the cost of damages. Also he pointed out that these were two separate accidents, and that the damages should be estimated by each accident, and that two accidents should not be combined to max out the total amount of repairs. I don't know how true this is, but I would much rather have the car repaired than I have to take a small settlement and buy a new vehicle.
On the side of the driver, she has been relatively uncooperative and not responsible in my opinion. Instead of taking care of this herself, her parents wanted me to lie to my company and say it was only one accident when it was clearly too, which constitutes civil fraud.
I am wondering what point of action I should take at this point because it seems like I need some legal help at this point.
AnswerHi Bessie,
Unfortunately the insurance company is correct. The two estimates should be combined to determine if it is a total loss. The vehicle is considered a total loss if the cost of repairs exceeds 75% of its value. You said the car was worth $15,000.00 so the point at which it becomes a total loss is $11,250.00. Even though there may be some discrepancies in the estimates, there would still likely be additional damage found once the repairs were started.
Regardles of what your friend said about the accident being one or two is irrelevant at this point. It will be your insurance company that pays the claim. In this situation they will pay you the value of the car plus sales tax. You would then use that money to purchase a similar value car.
I hope this helps
Richard Hixenbaugh
