QuestionI was in an accident with another car that was exiting a commercial drive, resulting in left front end damage to my 99 Mercedes C43, which I've had since new. The other drivers insurance has assumed 100% liability. Their adjuster wants to total out the car as he puts repairs at $8100 dollars,and has valued the car at 10,000, so under the California system of anything over 75% of total vehicle value, it is a total, which would result in a salvage title. In fact, damage is not that great and my shop (who are experts on this car) will fix it for 7K, thus under the 75% total figure for California. this is a somewhat rare car, with only 4500 units produced by AMG world wide, and I want to fix and keep it, but see no reason I should arbitrarily be stuck with a salvage title. Do I have any rights/alternatives? Thanks.
Answer Hi Gregory,
Have your shop work directly with the adjuster. Perhaps they can work out a solution.
Unfortunately, when working with the liability carrier, you have no contractual arrangement with them. If they simply refuse to work with you , another alternative would be to file a collision claim with your company. If you reach the same impasse with your carrier, your police probably has an appraisal clause that allows you to seek outside corroboration. Usually, though this does involve some expense on your part.
If you file Collision when you are not at fault, your company should subrogate the at fault carrier. This is a process that requires the at-fault carrier to reimburse your carrier along with your deductible. The one problem I could forecast is the at-fault carrier balking because of the original situation you have described.
Understand that I am speaking in general insurance terms. I am in Florida, so I am not certain of the law in CA. I would attempt to work this out between your shop and the other carrier. If that does not work, I would suggest you might want to get a legal opinion before proceeding. Clearly this car, its rarity and its value, would seem to warrant that. And quite frankly, it does not appear that the insurance company is considering that at all. What a shame.
I wish you well. Hopes this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
