Auto Insurance Claims: property damage from others collision, total loss auto

Question
QUESTION: My vehicle was parked in front of my house when 2 other vehicles had a collision and the one driver proceeded to accelerate approx 75 feet-up over the curb, took out a stop sign and continued until he squished the entire right side of my vehicle and his tires got stuck between the curb and my car. Filed a claim with both insurances. Curb driver's insurance claims no liability. Other driver's insurance says my car's a total loss.  I disagree-I do not want a salvage title or to give up my car. I want to sue both drivers in Small Claims. Max is $7500; car valued at approx $7500-$8000 and repair estimate could run up to $7000 to $8000. I just want my car fixed. Will a judge consider me unreasonable to expect to get my car fixed when it may cost as much as the value? Someone told me that if I get a judgment for as much as the value I would not be able to keep the car, too. Is that true? Thank  you!

ANSWER: Hello Kat,

Lots of questions. If the car is a total loss, you can keep it if you want to, but you have to accept a deduction for the "salvage value" of the car, since technically the insurer or other driver is "buying" the car from you. The trick is how to not get cheated on the salvage value. Most of the time you are better off to get a total loss settlement, keep the salvage, and get the car fixed cheap. The insurer or other driver only owe you the market value or repair cost of the car, whichever is less.

For detailed information on these questions and how to not get lowballed on the auto value, consider the eBook on total loss auto for claimants at UClaim.com. They are guaranteed and currently on sale at 75% off.

Don't sign a release if you want to go into small claims court. As to the limit of 7500.00, get whatever you can before going into court and then sue for the difference.

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

QUESTION: Hello, Ron
Thank you so much for your response. I am trying to avoid a Salvage Title. I
figure the only way is to fix the car at my own expense & recoup in Small
Claims.  I just want to put the car back to it's condition pre-accident. It
belonged to my mother [deceased] & has sentimental value. Accepting the
total loss offer would mean accepting Salvage Title, correct?

Answer
In my California experience, an insurer can't put a salvage title on a car if they don't take possession of the damaged car. And they don't report to DMV the car was a total loss if you kept it with intent to repair. If the car is worth $1,000 but you spend $5,000 to fix it, then it was not a total loss. The insurance definition of "total loss" can be different than the legal or common sense or dictionary definition. Nobody can take your car away from you whatever the condition. To avoid these arguments, its easier for you to reach an agreement with them on the salvage value. Get them to put "in writing" what "they" think the salvage is worth, even if you disagree, so you don't have to argue that later in small claims court. You may have to be sneaky about this because if they think you want the salvage, then they may try to inflate the salvage value. If they think they will be getting the salvage, then they will try to "deflate" the value.

It's a chess game you are playing. Thats why I recommend the UClaim eBook that gives more detail.

You are getting free and limited advice here, so don't hold me liable if you get outwitted. For my liability reasons, I suggest you consult with an attorney.