Auto Insurance Claims: can at fault driver be forced to repair a total loss vehicle, initial repair, crumple zone

Question
I have a 95 Grand Cherokee Limited.  As I expected it was declared a total after a driver ran a red light and caused a collision (I tboned him)   Two police officers came, one told me the other drive "told my partner he ran the light"

Police report not avail yet, not sure if other driver was ticketed or if the admission was put in the report. I have one witness who was a passenger in my car.

Right now it seems borderline, the insurance co. affiliated shop says "most likely a total, but we're going to see what (your insurance) wants to do"

My ins. co. adjust will be out in a the next couple of days.

Two part question-- if it is a total, as far as you are aware in California, can you demand the at fault driver to pay to fix the car even if it is total?   If so should I just wait until the  police report is available? (about a week more from today)  I assume as soon as I accept a total  classification there's no going back.  

To me it is a "but for" situation, but  also I understand that beyond that, it makes no sense for anyone to be required to pay more than the car is worth to fix it.  NADA quote is about $4,500 with the mileage.  Possible frame damage and definitely engine damage (destroyed radiator, seems like power steering gone, maybe more)

Also is there a certain level of damage that insurers/shops will not want to fix, ie crumple zone damage?

thanks

Dave

Answer
Hi Dave,

Whether you are dealing with your own insurance if you have collision coverage, or the at fault drivers insurance, you will be dealing with an insurance company. The decision to repair or total a vehicle is completely up to the insurance company. The vehicle owner has no say in the matter. While most states require a vehicle be declared to be a total loss if the repairs are more than the value of the vehicle, most insurance company will total a vehicle is the initial repair estimate is at or above 75% of the value of the vehicle. In your case you said the vehicle was worth about $4500.00 so if the repair estimate is about $3300.00 or more it will be declared a total loss. Based on your description of the damage, it sounds like it will be totaled.

The Total Loss Claim Process

Step 1: Determining the vehicle to be a Total Loss
When you are involved in a collision, you will report the claim to either to your own insurance company or the insurance company of another at-fault party.  The insurance company will assign a damage estimator to inspect the damage and write a repair estimate. Once the estimate is written, the repair cost will be compared to the value of the vehicle. Generally, insurance companies will declare a vehicle to be a total loss if the cost of repairs is more than 70% to 80% of the vehicle's value.   

Step 2: Doing Your Homework
If you have been informed that your vehicle is a total loss, the insurance company will then take usually a couple of days to determine the value they are going to offer you. During this time, you should do your own research to determine the fair market value of your vehicle. The easiest way to do this is by using the internet. You should check www.autotrader.com . There you can search for currently for sale vehicle like yours, in your area. You should try to locate 5 to 10 vehicles of the same year, make & model, with similar options and mileage.  Print out the listings you find and average the values. This will give you a good average value to use as a baseline. However, you must understand that the prices you find are asking prices and virtually all of those prices will be negotiated downward to some degree.  Now when the insurance company makes you an offer you will know if it is within a reasonable range or not.   

Step 3: Negotiating and Settling Your Claim
Now that you know what your vehicle is worth and what the insurance company is offering you, it is up to you to negotiate if the offer is not reasonable. You can start by sending the documentation you collected in step 2 above and making a demand of what you are seeking to settle the claim. If the insurance company does not properly negotiate with you then you may have to hire a professional vehicle appraiser to properly establish the value of your vehicle.  If you are dealing with your own insurance company you can invoke the appraisal clause of your policy. This is a part of your policy that is there to help settle disputes in value between you and your insurance company.

I hope this helps
Richard Hixenbaugh