QuestionI was recently hit by a suspended driver who sped through a stop sign. I was hit on the left rear causing a dent, bumper torn off and back left suspension replacement. I repaired it for a reasonable cost, as I have only had the car for a year, it is a '97 and under 100k. The other driver did not own the car and did not have a valid car insurance card on hand. They did not report the accident and without knowing who their insurer was, about 2 weeks passed before they were involved. This meant my insurance company was the only one to assess the car before it was fixed. They totaled it. I just found out that means it's pretty much unable to sell in the future and I can never have full coverage on my car now. Do I have any choices or alternate routes I can take for insurance? Does one persons violation of several laws screw me over for the life of my - fairly new to me - car?
Answer Hello Sarah,
I don't have all the details, nor am I an expert on NJ law. However, I can attempt to clarify at least some of this for you.
If your insurance company declared your car a total loss, it is very unlikely that the other company would have done otherwise. I assume you did pay a deductible, and in that case, assuming the other driver is determined to be at fault, then your insurance company should "go after" that company for the amount your carrier paid - including your deductible. This is a process called subrogation. While it can take a few months, you should follow up with your adjuster to confirm that subrogation is being pursued and if there is an estimated timeline.
I did some research on Total Loss laws in NJ. You can see for yourself on this link, which explains it in fairly understandable terms
http://www.state.nj.us/dobi/ins_ombudsman/wysk2.htm#19
To paraphrase NJ law from this document, once any insurer determines that your vehicle is a total loss, they assume the rights to your car. That includes their right to salvage it. At their discretion, however, they can allow you to keep it and you can attempt to sell it for salvage on your own.
You can also choose to repair itself yourself - as apparently you have done. And, since your car was not was manufactured 8 or fewer years previously, you were not obligated to obtain a salvage certificate. However, you are required, as you might already know, to present the vehicle to the state for an inspection before it can be driven on public roads.
The point is, once your vehicle is declared a total by an insurance company, and hence by the state, your value will be permanently diminished. As to whether or not you can obtain "full coverage", you would need to speak with a reputable insurance agent.
If you are considering the possibility of legal action, you will need to speak with an attorney.
Frustrating, for sure.
Jane Pytel
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