Auto Insurance Claims: too much damage but they wont total car, should be a salvage vehicle (total loss)

Question
I was hit at an intersection after the other driver ran a red light in the front passenger side of the car (closer to the wheel). I had two other passengers from my work with me. No one had any major injuries, just bruising and soreness. I'm 20 weeks pregnant and so far so good. I drive an '09 toyota camry with 67,500 miles on it. The other driver was cited and his insurance company is taking responsibility for the damages. We got an estimate in the mail 2 pages long that also informed us they would use after market parts instead of parts from the dealer. Their adjuster estimated damages at $10,000. KBB value of the car at private seller (before the damages mind you) is only 12,200. They sent us a diminished value check for $362. We asked them to reconsider and voiced our dissatisfaction and concerns about driving a car with this much damage safely. I don't understand how they can say my car is/will be safe much less only decreased in value by $362. We don't plan to sign any checks or settlements and are thinking of seeking legal counsel. Would you let your wife and newborn drive a car after this much damage? Are we overreacting? Any advice would be greatly valued.

Answer
In Georgia, if any two major component parts are damaged, then the vehicle should be deemed a "salvage vehicle".  

Here's a link to a pdf manual on Georgia Titles. ..

http://motor.etax.dor.ga.gov/forms/pdf/motor/MV_Vehicles_Titles_Manual.pdf


Major component part means any one of the following sub-assemblies of a motor vehicle:
ƒ Front clip assembly (fenders, hood and bumper)
ƒ Rear clip assembly (quarter panels and floor panel assembly and roof
assembly, excluding a soft top)
ƒ Engine and transmission
ƒ Frame
ƒ Complete side (fenders, doors, and quarter panel).

I would suggest you point out that the law in Georgia says your vehicle is a salvage vehicle, so you want to get paid for the ACV less the reasonable salvage value.  We handle cases in GA all the time.  You might have to pull out a few statutes to make your argument for you.  If you need further assistance, feel free to look me up.  Information is always free at Petty Details, LLC!