Auto Insurance Claims: Est way below actual cost to repair & Diminished Value, own insurance, claims adjuster

Question
I live in NC and was involved in an auto accident 4 months ago, in which I was declared the responsible party.  The claims adjuster originally estimated $6500 in damages (trade-in value of $10,500 & private party value of $12,100).  The final repair bill came to $10,500 - well over the 75% of the value of the vehicle.  The insurance company never gave me the option of totaling the car and just paid for the repairs/  I just had the vehicle appraised and b/c of the extensive damage, it only appraised for $3500.  Ultimately, the car should have been totaled but was not and now I'm stuck with a vehicle only worth $3500 and I owe $13250!  Even though I was declared responsible, do I have any rights as it relates to diminished value or getting the ins co to go back and total the vehicle even after the repairs are done?

Answer
Hi Barb,

Since you were deemed to be at fault, you are dealing with your own insurance policy. In North Carolina you can not receive compensation for diminished value from your own policy. Although the insurance industry standard is to total vehicles when the repairs are above 75% of the vehicles value, it is at the insurance companies descretion. The law allows them to repair the vehicle all the way up to 100% of value. So it is purley the insurance company's decision to repair or total the car. Unfortunately there is nothing you can do at this point.

I hope this helps
Richard Hixenbaugh