Auto Insurance Claims: Insurance totalled my vehicle, vicarious liability

Question
QUESTION: I was involved in an accident recently and the insurance company for the company that owned the truck that hit me totaled my vehicle.  I want to buy back the vehicle and have it repaired.  However the insurance offer will not cover the cost of repairs even though we are using used parts.  Can I file a suit against the company that owns the truck to recover the cost of repairs plus any attorney fees?

ANSWER: Veronica,

   Although the laws vary by state, it is unlikely you can force the insurance company to pay for the cost of repair to your vehicle if they believe it is totaled.  What can be done is to negotiate the salvage value and the actual cash value.  The amount of the repair will certainly vary based on what type of parts are used and the shop that performs the work.

   The insurance company only owes for the reasonable cost of repair or the ACV / FMV (Actual Cash Value / Fair Market Value).  Basically, if the insurance company declares your vehicle a total loss, there is not much you can do about it.  The value of your vehicle can be argued and the salvage value (value of the wrecked vehicle) can be argued.  You simply need some professional assistance determining whether or not the value of your vehicle and salvage has been properly calculated and documented.  There are other tactics and options available, but I fear I would need to explain them verbally to avoid confusion.  

    Feel free to look us up on the web if you need more "in depth" help.  Information is always free at Petty Details, LLC!  Find us at www.pettydetailsllc.com.

    I hope this helps!

JP

---------- FOLLOW-UP ----------

QUESTION: Thanks for your reply, but I don't see an answere to the question if I can try to file a suit against the Company that owns the truck and their employee who cause the wreck.  Can you respond the this question please?

Answer
Anybody can file suit against anybody for anything, whether it will be successful is another story.  You are talking about vicarious liability and I would imagine you'll need an attorney to successfully get the company on the hook for the driver's actions.  To answer the question, yes, you can file a suit against the driver and the company that owns the vehicle.

 

JP