Auto Insurance Claims: should my car have been totalled, total loss and diminished value

Question
On Jan. 27, 2011, my husband was driving my 2006 Chrysler Town and Country, limited edition, minivan when a driver going in the opposite direction lost control of his vehicle and entered the oncoming traffic lanes striking my vehicle on the drivers side.  The car was pushed into a snow bank.  My husband, a past cardiac patient, suffered chest pains and the EMS and police used the "jaws of life" to get him out of the vehicle.  They cut the center beam out, between the driver's door and sliding door.  The car was towed to a repair shop. When I called the shop, they told me the car should not be repaired because of the damage to the beam.  State Farm did not total the vehicle, stating it could be repaired.  They have authorized only used parts, except for the center beam.  Even the interior panels of the door should be replaced with used parts.  I am afraid that the vehicle will not be safe after the repairs.  The shop did not think the vehicle could or should be repaired, but now they are willing to repair it.  I got my rental vehicle from an agent who is a repair shop and they stated that once the frame is cut or damaged the car should be totaled.  I am afraid that my family will not be safe in this minivan after it is repaired.  I am really disappointed in State Farm.

Answer
Dianne,


    Indeed it sounds like your vehicle took quite a hit, but it is the cost of the damages that determines whether the vehicle is totaled or not.  It does not matter if the beam or frame or whatever was damaged, it matters how much it costs to fix it.  Also, each State has their own rule about when a vehicle's title must be flagged as salvage, so knowing where this occurred could assist us in figuring out whether you could force the issue of the vehicle being totaled.  Unless the damages exceed the threshold for a salvage title, the insurance company is in control of whether the vehicle is totaled or not.

    Now, with that being said, I would urge you to contact an expert in diminished value.  Your vehicle, now that it will have been wrecked and repaired will not be worth near as much as a a 2006 Chrysler Town and Country that has not been damaged and repaired.  Generally speaking, Luxury MiniVan's lose about 23% of their reasonable trade in value following the repair of major damages.  This can be substantial.  Advising State Farm that you intend to employ an expert and pursue a diminished value claim may cause them to total the vehicle.  Getting an expert report on diminished value should cost less than $400.00 and it should be well worth the investment.  

    If you would like to learn more about diminished value, simply search google for credible diminished value expert, or look up Petty Details, LLC on the net.